Insights
Fast Talkers Not Needed: FCC Updates “Contest Rule”
September 24, 2015Times have changed, and the FCC has noticed. For almost four decades since 1976, we have heard fast talking announcers on radio and television, rushing through legal disclaimers at the end of commercials for contests. The FCC’s “contest rule” had required full disclosure on air of material terms of a contest or sweepstakes. (See 47 C.F.R. Section 73.1216.) Recently, the FCC adopted revised rules that would allow broadcasters to refer consumers to an Internet website instead of reading contest rules on air.
Read More...How Your Sweepstakes Rules Can Protect You
August 7, 2015Here’s a great court case that proves the power of having well-drafted rules for your contest or sweepstakes. Even better, the court case involves a plaintiff unsuccessfully suing the FTC.
Read More...Artists’ Intellectual Property Builds Art Licensing Business
April 24, 2015Artists focus on their creativity, their technique, and their product. If, however, you are looking to license your art, you should be equally focused on protecting your intellectual property. Your copyrights and trademarks are the lifeblood of your art licensing business and the foundations for all your branding initiatives. In this blog post, I answer some common questions artists ask about copyrights, trademarks, and branding.
Read More...Exploring the Legalities of Amazon Giveaway
March 7, 2015Last month, Amazon launched its “Amazon Giveaway” program. It offers two no frills sweepstakes options to users. The sponsor signs up, chooses the prize, and Amazon does the rest, including offering the sponsor access to Amazon’s vast shipping capabilities. Amazon Giveaway may draw brands away from social media pages for simple sweepstakes, but its one size fits all approach is not right for every advertiser or every sweepstakes. The program makes legal assumptions about sweepstakes law and may leave brands assuming certain legal risks.
Read More...How to Spot Legal Issues in Your Social Media Campaigns
December 16, 2014Social media campaigns come fast and furious, here today and gone tomorrow. Brands may be tempted to skip legal vetting, assuming their offers will fly under the radar of regulators. Even if you don’t have inside counsel, your marketing team should have a vetting system in place. Marketers can learn to spot legal issues and work to reduce risk with outside counsel. Here are twelve laws with which social media marketers should be familiar when deciding when to turn to legal counsel.
Read More...Legal Rules for Cause Marketing
July 7, 2014Cause marketing is a popular technique for promoting sales. Brands frequently advertise that they donate a percentage of sales to a charitable cause, particularly using social media to spread the word of their good deeds. In so doing, brands become a co-venturer with the charity and have certain legal obligations under a wide variety of charitable solicitation laws.
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