Articles

08.03.17

Copyright Suit Requires Fair Use Analysis

By Jesse M. Brody, Partner, Advertising, Marketing and MediaA fair use analysis is required before a copyright suit against “appropriation artist” Richard Prince can be dismissed, a New York federal court judge decided this week, declining to grant a quick win.The dispute is ...


07.27.17

Photographer's Copyright Suit Gets Mixed Results

A New York federal court judge handed a photographer a mixed result when it dismissed her copyright infringement claim but allowed her Digital Millennium Copyright Act (DMCA) allegations to move forward in a dispute that began on Instagram.Photojournalist Matilde Gattoni, based in Italy, ...


06.01.17

Court Looks to Ink Decision in Tattoo Copyright Dispute

By Jesse M. Brody, Partner, Advertising, Marketing and MediaThe question of whether infringement occurs if a copyrighted tattoo is shown during a video game may soon be answered, after a federal court judge in New York moved a lawsuit forward earlier this week.Solid Oak Sketches filed ...


05.18.17

Fyre Festival Flameout Includes False Advertising

By Jesse M. Brody, Partner, Advertising, Marketing and MediaThe Fyre Festival’s catalog of errors includes the failure to disclose sponsored promotions, according to one of the multiple class actions filed against the organizers.Touted as a one-of-a-kind destination music festival, ...


02.17.16

Navigating Native: A Checklist of Compliance Steps for Ensuring Proper Disclosures for Native Ads

At its root, native advertising was designed to be the solution to a problem that had plagued content platforms and brands looking to advertise online—consumers would click on traditional online ads, such as banners, only by accident. Thus, to increase the likelihood that consumers will ...


02.12.16

Top 5 Legal Considerations for Fintech Advertising

The growth and expansion of fintech service providers nationally and internationally over the last five years is reshaping the financial landscape. This evolution includes differentiation in how financial products are delivered and who is providing those financial products. Critical to the success ...


06.04.15

FTC Signals Interest in Endorsements With Guidance Update

Back in October 2009, the Federal Trade Commission introduced a revised version of its "Guides Concerning the Use of Endorsements and Testimonials in Advertising." The key principle underlying the guides is that if a material connection exists between an endorser and a marketer that a consumer ...


05.14.15

No Cause for Concern

In recent years, charitable sales promotions have become an increasingly popular way for consumer products companies and brands to support charitable causes while, at the same time, differentiating themselves from competitors who sell similar products or services-not to mention their potential to ...


04.10.15

Consumer Data in Bankruptcy: Saleable Asset or Liability?

A national retailer files Chapter 11 with the intent to liquidate assets. Among the assets to be liquidated are millions of customer email addresses and personally identifiable information collected at the point of sale over the course of many years in operation. Are these consumer records assets ...


04.08.15

Ten Actions for Effective Data Risk Management

High-profile data breaches expose breached companies to intense negative scrutiny from lawmakers, regulators, media, customers and plaintiffs' attorneys.  But not every data breach is a headline-grabbing massive theft of consumer credit card data, and no breach can be ignored.