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User-Generated Content — The Emerging Legal Threat

Protecting Against Unforeseen Risks: Infringement, Privacy Violations, Defamation, False Advertising, etc.

Recording of a 90-minute CLE teleconference with Q&A

Conducted on Wednesday, July 2, 2008
Recorded event now available

Description

Many companies are featuring user or consumer generated content in marketing campaigns to build product and brand awareness at a fraction of the cost of traditional marketing. Such content includes customer contributions like reviews, testimonials and even videos demonstrating the use of a product.

However, unanticipated legal challenges are emerging from this marketing innovation — particularly infringement of IP rights. Companies and their counsel must be aware of the potential legal pitfalls associated with user-generated content and identify steps to reduce or mitigate those risks.

Listen as our authoritative panel of IP and advertising law specialists examines the new legal challenges of consumer-generated content and discusses the steps that companies can take to protect themselves from liability related to such content.

Outline

User-created content
1. What is it?
2. How is it being used?
Potential legal issues related to use of user-generated content
1. Copyright infringement
2. Trademark infringement
3. Right of publicity/privacy
4. Contributory infringement/vicarious liability
5. Defamation, libel and slander
6. False advertising/unfair competition
7. Tort liability
8. Idea misappropriation
Best practices for protection when using user-generated content
1. Identify use of submitted content
2. Be upfront with submitters and on website
3. Consumer agreement
4. Screen or block, but do not edit, content
5. Written releases
6. Shifting risk to third parties
7. Take advantage of statutory protections
8. Use disclaimers
9. Provide cleared elements

Benefits

The panel reviewed these and other key questions:

What legal issues typically arise from using consumer contributed content in marketing and advertising?
What are the unexpected legal landmines of using such content — and how can those risks be mitigated?
What are the basic steps to clear rights that every company must take prior to permitting any consumer content in its advertising?

Faculty

Brian L. Heidelberger, Partner
Winston & Strawn, Chicago

He concentrates his practice in advertising, marketing, e-commerce, and entertainment law matters. He litigates advertising and promotional related matters and handles FTC and network challenges. He counsels advertising agencies, consumer product companies, retailers, and Internet/e-commerce ventures on a wide range of marketing, promotional, intellectual property, and e-commerce issues.

David C. Carroll, Director and Senior Counsel, Global Marketing and Advertising
Motorola Inc., Schaumburg, Ill.

He is responsible for legal issues related to consumer marketing and advertising, both online and offline. He counsels Motorola's marketing professionals on advertising and marketing law. He also provides Internet law guidance to Motorola's consumer websites. He negotiates and drafts agency, product placement, endorsement, sponsorship and other promotional agreements.

Brian D. Fergemann, Partner
Winston & Strawn, Chicago

He concentrates his practice in advertising, marketing, and promotions counseling and litigation, including trademark, copyright, and Internet law matters. He provides counseling on a wide range of marketing, intellectual property, and e-commerce issues to consumer product companies, retailers, advertising agencies, and Internet/e-commerce initiatives.

Ordering

Online CLE

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

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Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

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Available ten business days after the live event

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