Are you a publisher, producer, or reporter? Or, are you a business utilizing television, film, music, or any type of digital media? Do you have a blog or do you report any type of news or gossip online? Are you concerned about your legal rights or legal liabilities? If yes, then you may have a media law issue, and Saper Law can help.
Media law encompasses a wide array of legal issues related to expression in the public sphere. Traditionally, media law is associated with mass media such as printed publications, radio, and television. Today media includes “new media” such as blogs, twitter, facebook, music websites, and other social media and online resources. As a result of social media rising to the top as a powerful business tool, various social media legal issues and questions arise when website users share content online across different platforms and can also create unique concerns for businesses about ownership and protection of intellectual property.
Media law includes: advertising, defamation, libel, slander, personality rights, privacy rights, copyright, trademark, and other constitutional law issues including the first amendment right to freedom of speech. Saper law has extensive experience helping clients balance the risks and rewards of different social media tactics, institute social media use and privacy policies, minimize potential liabilities and defend against litigation that can arise.
Recent Social Media matters handled by the Saper Law Offices:
- Assisted client in successfully petitioning Yelp to reinstate business page account after a fraudulent negative report was filed
- Assisted client with website compliance regarding the Digital Millennium Copyright Act, including setting up a designated agent notice
- Drafted employee handbooks that include a specific social media policy such as the one drafted for the Metropolitan Chicago Health Care Council
- Defended several individuals accused of defamation and false light based on statements made on an Internet newsgroup. Achieved dismissal for lack of personal jurisdiction in one federal district court and dismissal for lack of subject matter jurisdiction in a second federal district court.
- Represented client being sued for Defamation due to a single, anonymous Twitter post
- Provided sweepstakes compliance review for client’s facebook promotion
- Represented client in litigation regarding a post on her personal blog
When it comes to effective marketing and advertising, it’s not just what you say, but how you say it that attracts customers and generates business. Sometimes, unfortunately, your company’s creative advertising can invite unfair competition lawsuits from competitors, right of publicity or defamation lawsuits from individuals featured in the ads, enforcement and administrative actions by regulators for failure to comply with a myriad of federal and state laws, or copyright infringement suits for content you didn’t obtain full authorization to use.
Saper Law can provide your business with an in-depth advertising copy review to mitigate legal risks associated with your marketing materials.
Many people feel anonymous when they write something on a website, blog, or message board. This feeling of anonymity sometimes leads people to post defamatory false statements in an effort to discredit another individual or harm their reputation. At the same time, opinions, even if they reflect negatively on someone, are protected by the First Amendment and may not be defamatory.
The line between defamation (both written, libel; and spoken, slander) and negative but non-defamatory statements is often blurred. Saper Law attorneys have experience dealing with all forms of defamation and have successfully defended against and brought forth defamation lawsuits, including revenge porn litigation. Saper Law can also help you create an online reputation management plan.
False advertising laws are designed to protect consumers so that no business may make false, misleading, or deceptive claims about a product’s price, quality or purpose. But even the most diligent business owners can have a hard time understanding and complying with the various laws and guidelines.
Saper Law can help by providing in-depth advertising reviews for FTC, FCC, and state and local consumer protection compliance.
A sponsorship or advertisement agreement governs the terms of the relationship between a individual or business that wants to promote a specific product or service, and the company or individual that is hired to increase exposure for that product or service.
Similarly, influencer agreements are used when a company hires a person who has a large audience across various social media outlets--an "influencer"--to promote and generate awareness of a company, brand, or product through experiential advertising.
Both types of agreements require the parties to consider what the message will be, how the message will be delivered, and to whom. Saper law can help you create, negotiate, and enforce these agreements.
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Interested in using a give-away or enter-to-win sweepstakes to attract new customers or generate buzz about a product launch? Sweepstakes and other promotional contests are heavily regulated by both state and federal laws. Now, in addition to these government regulations, promotions run online must comply with the Terms of Service of the platforms on which they’re hosted.
We can help. Saper Law counsels a range of clients on how to legally operate sweepstakes and contests.