User-Generated Content — The Emerging Legal Threat
Protecting Against Unforeseen Risks: Infringement, Privacy Violations, Defamation, False Advertising, etc.
Recording of a 90-minute premium CLE webinar with Q&A
Outline
- User-created content
- What is it?
- How is it being used?
- Potential legal issues related to use of user-generated content
- Copyright infringement
- Trademark infringement
- Right of publicity/privacy
- Contributory infringement/vicarious liability
- Defamation, libel and slander
- False advertising/unfair competition
- Tort liability
- Idea misappropriation
- Best practices for protection when using user-generated content
- Identify use of submitted content
- Be upfront with submitters and on website
- Consumer agreement
- Screen or block, but do not edit, content
- Written releases
- Shifting risk to third parties
- Take advantage of statutory protections
- Use disclaimers
- 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
He concentrates his practice in advertising, marketing, e-commerce, and entertainment law matters. He litigates... | Read More
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.
CloseDavid C. Carroll
Director and Senior Counsel, Global Marketing and Advertising
Motorola
He is responsible for legal issues related to consumer marketing and advertising, both online and offline. He counsels... | Read More
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.
CloseBrian D. Fergemann
Partner
Winston & Strawn
He concentrates his practice in advertising, marketing, and promotions counseling and litigation, including trademark,... | Read More
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.
CloseAccess Anytime, Anywhere
Strafford will process CLE credit for one person on each recording. All formats include program handouts.
CLE On-Demand Audio