News & Analysis as of

Copyright Infringement Marketing

Bricker Graydon LLP

What You Need to Know about Business Use of Third-Party Photos - Part 1

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You know it, instinctively if not empirically – there are many good reasons to use photos in your ads and print pieces and on your web pages – photos capture attention better than bold headlines and they add visual interest....more

Roetzel & Andress

Think Before You Post: Notable Case Demonstrates Dangers of Using Unlicensed Music in Social Media Marketing

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Warner Music Group initiated a copyright infringement lawsuit against DSW Designer Shoe Warehouse and its parent company, Designer Brands Inc. Warner Music Group accuses DSW of using over 200 recordings and compositions owned...more

Fox Rothschild LLP

Influencer Aesthetic Dispute Resolves by Voluntarily Dismissal

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What has become known as the “Sad Beige Lawsuit” ended on May 28, 2025, when influencer Sydney Nicole Gifford (“Gifford”) voluntarily dismissed all claims against fellow influencer Alyssa Sheil (“Sheil”) with prejudice. The...more

American Conference Institute (ACI)

[Virtual Conference] The Legal and Regulatory Think Tank for Working with Influencers - July 16th, 9:00 am - 5:30 pm EST

Influencer marketing isn’t just a trend; it’s the new frontier of digital engagement. But with big opportunities come even bigger responsibilities (and risks). Join us for American Conference Institute and Canadian...more

Clark Hill PLC

Surprise, Surprise: The “Sad Beige Lawsuit” ends

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The high-profile “Sad Beige Lawsuit” has ended between two prominent social media influencers, which begged the question, can you protect a personal “aesthetic” or “vibe?” On May 28, influencer Sydney Nicole Gifford...more

Weintraub Tobin

(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing

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Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara...more

Weintraub Tobin

The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing

Weintraub Tobin on

Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara...more

Vorys, Sater, Seymour and Pease LLP

Surge in Copyright Claims by Music Publishers for Unauthorized Use of Music in Social Media Marketing

Music publishing companies are increasingly sending demand letters seeking payment for unauthorized uses of music that appear on social media platforms as part of brands’ social media marketing efforts. Recently, there has...more

Lerman Senter PLLC

Broadcasts, Advertising, and Promotions Related to the 2025 NCAA Basketball Championships

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The NCAA national men’s and women’s basketball tournaments will start on March 16, 2025 and conclude with the national championship games in early April. Broadcast stations often conduct promotions tied to these...more

Kohrman Jackson & Krantz LLP

Three Legal Mistakes Influencers Make and How to Avoid Them

In the rapidly evolving world of social media marketing, content creators are an invaluable asset for brands seeking to reach a larger audience. Influencers effectively assist brands in showcasing brand values, gaining...more

Seyfarth Shaw LLP

Can You Protect the “Clean Girl” Aesthetic? Influencers Battle over Copyrights and Likeness Rights

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A recent lawsuit between two influencers, Alyssa Sheil and Sydney Nicole Gifford, highlights critical issues of copyrights and likeness rights in the influencer space. Both are known for posting photos that feature a...more

Lerman Senter PLLC

Broadcasts and Promotions Related to the 2024 Summer Olympic Games

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The Summer Olympic Games will begin on July 26, 2024 in Paris, France. The International Olympic Committee (IOC) and the United States Olympic & Paralympic Committee (USOPC) carefully protect Olympic trademarks and...more

Venable LLP

Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection

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Listen to Episode 9 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Justin Pierce talks to host Len Gordon about copyright counseling and protection. Check out the episode....more

McDermott Will & Schulte

The Fine Print: Avoiding IP Pitfalls in Unlicensed Fonts

McDermott Will & Schulte on

When developing a new brand or product, creatives often give considerable attention to avoiding intellectual property infringement. Trademark lawyers are similarly vigilant to avoid infringing another company’s mark. However,...more

Vondran Legal

YouTube enables Remix on short videos, but is it wise to use 3rd party audio?

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As a YouTube creator myself (check out my popular legal information channel here), I have recently come to post "short" videos. These are videos under one minute, where I usually post them as a "teaser" and post a link to...more

BakerHostetler

AD-ttorneys@law - August 2023 #2

BakerHostetler on

“Blessing Loom” Scheme Unravels in FTC Settlement - Esoteric trappings can’t save pyramid-scheme-by-another-name - Neolawgism - By certain ironclad laws of demography, we aren’t allowed to add terms to the...more

Lerman Senter PLLC

Broadcasts and Promotions Related to the Super Bowl

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Super Bowl LVII (57) will be held on February 12, 2023 at State Farm Stadium in Glendale, Arizona. The NFL carefully protects its copyrights and trademarks. If your broadcast station plans to conduct promotions or contests...more

Foster Garvey PC

Sports & Entertainment Spotlight: Rihanna's Savage X Fenty Lingerie Brand is Reportedly on the Verge of a $3 Billion IPO, and...

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This past week, I have realized my place is still on the blogosphere and not in the stands. That time will come. But it’s not now. I love my readers, and I love my supportive family. Without them, none of this is possible....more

Barnea Jaffa Lande & Co.

Product Descriptions Copyright Protected

The Bat Yam Magistrate’s Court recently deliberated on the question of whether a product description is protected by copyright. The court ruled that a marketing text constitutes a copyrighted work, even if it includes a...more

Katten Muchin Rosenman LLP

Potential Pitfalls When Using Music in Social Media Marketing - Kattison Avenue/Katten Kattwalk | Issue 1

Harnessing the power of social media to market products and services is now commonplace, and can take a number of forms, including paying social media "influencers" to create content promoting products, reposting content...more

Katten Muchin Rosenman LLP

Life in The Fast Lane: How Urban Car Ads Depicting 'Street Art' Can Backfire - Kattison Avenue/Katten Kattwalk | Issue 1

Vehicle manufactures and their ad agencies really love to show off their driving machines in action. Television commercials depict sturdy, reliable trucks hauling tons of cargo; four-wheel drive SUVs navigating perilous...more

Harris Beach Murtha PLLC

Don’t Put Borat on Your Billboards – And More I.P. Advice for Cannabis Companies

Why would a small cannabis dispensary choose to plaster the fictional character Borat on its billboard – without asking permission? This misjudgment resulted in a $9 million lawsuit; but it’s not an isolated incident. In...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Recent Senate Hearing Might Mean for a Federal NIL Law as State Laws Go Into Effect on...

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As we inch closer to the summer solstice here in the Northern Hemisphere (the first day of summer for those of you who were asleep in science class), the heat is not rising only on the thermometer, but also in the halls of...more

Kerr Russell

Common Mistakes That Can Attract Copyright Trolls

Kerr Russell on

In order to avoid being a victim of a “copyright troll,” businesses need to be vigilant about the content they post on social media, websites and other promotional materials...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2021

The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...more

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