Is Reposting Another’s Photo of Your Own Product Copyright Infringement?

Is Reposting Another’s Photo of Your Own Product Copyright Infringement?

Copyright, Copyright Infringement, Intellectual Property, Online Advertising
"Share" courtesy of www.gotcredit.com via Flickr Your company learns of a photo of a celebrity or some social media personality using your product or service. Can you just repost it on your business’ social media account? That can't be copyright infringement, right? After all, it's your own product or service that is the subject of the work! Well, if the decision out of a Federal district court in New York is any indication, companies reposting another’s copyrighted photo without express permission or license--even where the subject is clearly wearing or using the company’s designs--could be setting themselves up for costly copyright infringement liability. Tahari: What can happen if you re-post or "share" a photo that's not yours In Iantosca v. Elie Tahari (1:2019cv04527 - Document 69 (S.D.N.Y. 2020)), Plaintiff Iantosca…
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Best Practices for Social Media Celebs and Influencers after FTC v. Teami

Best Practices for Social Media Celebs and Influencers after FTC v. Teami

Celebrity, Entertainment, Online Advertising, Social Media
Influencer by geralt. Pixabay License (image cropped) If you're a business that uses paid-endorsers and social media influencers as part of its marketing strategy, are you ready for elevated scrutiny by the Federal Trade Commission? The recent settlement reached between the FTC and health-focused teas and skin care maker Teami, LLC offers some clarity and guidance for social media advertisers hoping to stay out of legal hot water. The Background Section 5 of The Federal Trade Commission Act (15 U.S.C. § 45(a)) makes “unfair or deceptive acts or practices” in interstate commerce illegal. When it comes to product or service endorsements, Section 255.0 of the FTC’s Endorsement Guides provides that the connection between advertiser and endorser must be “fully disclosed” where the connection between the endorser and the advertiser might…
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