Rights of Publicity and Brand Promotion via Social Media: Navigating the Complexities

Minimizing Exposure to Infringement Risk Absent Clear Court Guidance While Leveraging Social Media in Advertising

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


Conducted on Tuesday, July 21, 2015

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to companies and counsel on leveraging social media in brand promotion while navigating the right of publicity. The panel will offer best practices for minimizing infringement risks with little court precedent as guidance and differing state laws.

Description

Social networking websites host billions of users worldwide with users and sites continuing to grow exponentially. Companies are using social media to promote themselves and increase brand awareness by implying a connection with a celebrity. For example, Duane Reade tweeted a photo of actress Katherine Heigl leaving one of its stores without authorization and, as a result, had to deal with a $6 million lawsuit from Heigl.

Adding another layer of complexity is that social media is challenging the traditional definition of a “celebrity.” Are celebrities limited to those with a presence in movies, sports or television? Do people who have been viewed by millions on YouTube and other social media outlets qualify as celebrities?  

Further, with many cases settling and differing state laws, companies and their counsel are left with little guidance on limiting exposure to risk of infringing others’ rights of publicity when promoting their brand. Companies and counsel must tread carefully in advertising and brand promotion and the application of rights of publicity.

Listen as our authoritative panel of IP attorneys examines the right of publicity, focusing on the social media context. The panel will discuss the potential legal challenges that arise and steps to avoid the common pitfalls. The panel will also offer best practices for navigating the right of publicity in social media with little precedent to serve as guidance and differing state laws.

READ MORE

Outline

  1. Impact of social media on the right of publicity
  2. Potential legal challenges that arise and steps to avoid the common pitfalls
  3. Best practices for navigating rights of publicity in the social media context

Benefits

The panel will review these and other key issues:

  • How is social media challenging the traditional definition of a celebrity? What concerns does this raise for businesses?
  • What can businesses and counsel do to minimize the risk of violating rights of publicity when using social media to promote the brand?
  • What best practices should companies and counsel employ when navigating the right of publicity in social media?

Faculty

Lynne Boisineau
Lynne Boisineau

Partner
McDermott Will & Emery

Ms. Boisineau leads the firm's Orange County Trademark Prosecution Practice, focusing her practice on trademark...  |  Read More

Jonathan S. Jennings
Jonathan S. Jennings

Partner
Pattishall McAuliffe Newbury Hilliard & Geraldson

Mr. Jennings protects brands, copyrighted works and domain names throughout the world. As part of his practice, he...  |  Read More

Cydney A. Tune
Cydney A. Tune

Senior Counsel
Pillsbury Winthrop Shaw Pittman

Ms. Tune leads the firm's Copyrights Group and Media & Entertainment Industry Teams. Her practice includes a...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$297

Download

$297