woman looking at instagram feed wondering about re-sharing user-generated content, legally

Re-Sharing User-Generated Content, Legally

Let’s talk about re-sharing user-generated content, legally, on Instagram. By the end of this post, you’ll understand 1) what user-generated content is, and 2) what it means to share user-generated content while complying with copyright law.

There are a few ways that this can come up.

The first is where a brand has tagged you in a photo where maybe they’re talking about you. This could be in influencerContinue reading →

Why Using Photos from the Internet is Usually a Bad Idea

Using photos from the internet can be such a source of headache. By the end of this post, you’re going to understand why it’s probably not a good idea to use images that you found on Google Image Search or Pinterest in connection with your business, and what you might do instead.

Common misconception: a lot of folks think that images that you find on Google Image Search or on Pinterest are in the Continue reading →

A Supermodel’s Post Could Change Copyright and Photo Law

You may have missed this lawsuit filed over the summer. (Summer 2019.) It was an interesting one. Gigi Hadid who, of course, is a famous supermodel, was sued for copyright infringement. We’ll never know what might’ve been, since the case was thrown out. But it could’ve changed copyright and photo law. Here a couple little details.

Background of The Case And How It Involves Copyright and Photo Law

The lawsuit was … Continue reading →

Anatomy of an Influencer Endorsement Contract

If you have a dedicated following in your niche market, you might have dipped your toe in the affiliate pond, creating sponsored content with brands that you adore or just plain believe in. Or, you’ve found the perfect ambassador for your brand. Someone with a decent sized following that is (more importantly) very engaged. You know your sales will take off after affiliating with this influencer.

Sound familiar? Then this post is for you. It dissects some important provisions that a … Continue reading →

legal lessons about online marketing

Online Marketing Lessons from Fyre Festival

By now, you’ve seen the documentaries. (One aired on Netflix; the other, on Hulu.) It’s the kind of story you end up watching with your hands partly covering your eyes, for several reasons. That the situation departed from the planned luxury music festival experience is an understatement. To go from advertising a private villa experience to directing customers to rescue … Continue reading →

what the SCOTUS sales tax ruling really means spear ip fashion law internet law

What the SCOTUS Sales Tax Ruling Really Means

Last week (specifically, on Thursday, June 21, 2018), the Supreme Court ruled on a South Dakota law relating to the collection of sales tax for online purchases. Cue a frenzy of brands and online retailers trying to decipher what this SCOTUS sales tax ruling really means. Here’s a breakdown of the decision.

Client Query: How Do I Know If the GDPR Applies to Me?

You’ve noticed it, right? You’ve gotten bombarded with emails from all of the different services that you use. Pinterest, Etsy, GoDaddy, Instagram, Slack…they’re all updating their terms of service to reflect new privacy practices. But why? If you’re any sort of online entrepreneur, you know the answer. It’s the General Data Protection Regulation (or “GDPR”) coming out of the EU, set to go into effect on May 25, 2018. The GDPR is a new set of standards established by the … Continue reading →

Making An App For Kids

COPPA & Making An App For Kids

Making a website or app can take a tremendous amount of time, planning, and skill. But making an app for kids adds another layer — compliance. What is COPPA? And what are the extra steps in maintaining a website or making an app for kids?

Legal Lessons For App & Website Providers

Peeple: Legal Lessons For App & Website Providers

Peeple, an app that has yet to take on its final form, has been causing quite a stir. The Canadian company behind the app (namely, its co-founder, Julia Cordray) has touted it as “Yelp for People.” But what are the legal concerns surrounding an app or website platform that can be used for negative purposes such as cyber-bullying and defamation?

A Lesson in Terms of Use

Why Your Notice to Facebook Doesn’t Work: A Lesson in Terms of Use

Facebook, the world’s most popular (and populated) social network, has once again been buzzing with status updates where users declare their rights against Facebook and tell it what it can and can’t do with that user’s content. Sorry to be the bearer of bad news, but these status updates mean nothing. Why?