Social Media Law

Are you a publisher, producer, or reporter? Are you a business utilizing television, film, music, or any digital media? Do you have a blog or do you report any 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 these platforms become some of the most powerful business tools to facilitate content sharing, they raise new and developing legal issues. It is crucial for a business to understand how to maintain ownership and protections of their intellectual property online.

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, instituting social media use and privacy policies while minimizing potential liabilities and defending clients in litigation.

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 developed 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 a 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
  • Drafted terms of use and end-user licensing agreements for interactive websites

Advertising Copy Review

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. Unfortunately, your company’s creative advertising can occasionally invite lawsuits. These may be 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. Click here to learn more about our advertising copy review services, or click here to schedule a consultation.

Defamation/Online Reputation Management

Technology allows users to quickly and easily communicate. Unfortunately, it also allows users to send messages while hiding behind a screen, causing a false sense of anonymity. A feeling of anonymity may facilitate a desire to post defamatory, false statements to discredit another individual or harm their reputation. Although defamatory speech is illegal, opinions, even if they reflect negatively on someone, are protected by the First Amendment. The line between defamation (both written libel and spoken slander) and negative but non-defamatory statements is often blurred. Saper Law attorneys are skilled in 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 develop an online reputation management plan. Click here to learn more about defamation and our related services. Click here to schedule a consultation.

False Advertising

False advertising laws are designed to protect consumers by preventing a business from making false, misleading, or deceptive claims about a product’s price, quality, or purpose. However, even the most diligent business owners may struggle to understand and comply 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. Click here for more information on false advertising and our related services, or click here to schedule a consultation.

Sponsorship & Influencer Agreements

A sponsorship or advertisement agreement governs the terms of the relationship between an individual or business and someone who is hired to increase exposure for that business's or individual's products or services. Influencer agreements are used when a company hires a person who has a large audience across various social media outlets, commonly known as 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 their message will be, how the message will be delivered, and to whom. Saper Law can help you create, negotiate, and enforce these agreements. Click here to learn more about sponsorship & advertisement agreements and our related services; click here for more on influencer agreements. Click here to schedule a consultation.

Sweepstakes, Contests, Games and Promotions

Interested in using a give-away or enter-to-win sweepstakes to attract new customers or generate buzz about a product launch? Both state and federal laws heavily regulate sweepstakes and other promotional contests. In addition to government regulations, online promotions must comply with the Terms of Service of the platforms on which they’re hosted. We can help you navigate through these requirements and regulations. Saper Law counsels a range of clients on how to operate sweepstakes and contests legally. Click here to learn more about sweepstakes, contests, games and promotions, and our related services, or click here to schedule a consultation.