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May 2011

Fearless Marketing: Five Steps to Launching a Social Media Presence

May 24, 2011

Last week, I spoke at the GSMI Social Media Legal Risks and Strategies Summit on “Protecting Your Brand in Social Media” and “Prize Promotions in Social Media and Mobile Marketing.” Most of the audience was feeling their way into social media and trying to get a handle on the legal issues they might confront. While many attendees seemed convinced of the power of social media, they also seemed scared by the risks. I was reminded of the words of Theodore Roosevelt: “It is hard to fail, but it is worse never to have tried to succeed.” Indeed, it is possible to chart a course in social media that affords legal protection and safeguards to a brand. Below, I outline a five step process.

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Art Licensing: Key Legal Terms from the Manufacturer’s Perspective

May 17, 2011

One of the biggest art licensing shows, Surtex, is happening in New York this week. Licensing Show 2011 is Las Vegas is approaching in June. Last week, I reviewed some the key provisions of an art license. This week, I examine an art license from the Licensee/Manufacturer’s perspective.

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Art Licensing: Key Legal Terms from the Artist’s Perspective

May 10, 2011

With Surtex coming in a week and Licensing Show 2011 approaching in June, I thought it would be appropriate to review some of the key terms of an art license. The heart of the license is the grant of rights and the compensation provisions. This week’s blog post offers advice to the Artist Licensor. Next week, I will provide examine an art license from the Licensee/Manufacturer’s perspective.

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Kyle-Beth Hilfer quoted in The Prepaid Press about Groupon Class Action Lawsuits

May 9, 2011

Kyle-Beth Hilfer was quoted in The Prepaid Press’ article “Group Buying is a Hot Trend: Can Deals Make Loyal Customers?”. She comments about the class action lawsuits pending against Groupon. See http://bit.ly/ipQ7B6.

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GSMI Mobile Marketing Strategies Summit: Sandwiched by FTC Enforcement and Class Action Litigation

May 3, 2011

Last week, I spoke at the GSMI Mobile Marketing Strategies Summit in San Francisco on running mobile promotions. The Summit’s timing was impeccable. Before the Summit, the FTC announced enforcement actions under the TCPA and the Telemarketing Sales Rule. Immediately after the Summit, class action lawyers filed complaints based on mobile marketers’ practice of confirming consumers’ desire to opt-out. With flip cameras going by the wayside and smartphones increasing in market share, mobile devices are increasingly important in our lives. As brands step into this nascent space, it is crucial to understand the legal issues that permeate mobile marketing.

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