Social Media and the Law
As technology and the digital world advance, marketing operations are following suit. Sponsored posts, social media marketing campaigns, and a business’ social media presence have become integral to the digital marketing process. While social media tends to have a more casual atmosphere, it is crucial to understand that social media advertising campaigns are commercial advertising, and must remain in compliance with FTC guidelines and other traditional advertising laws. Navigating the online world as a business, influencer, or individual can be a precarious task and potentially lead to violation of trademark, image, privacy, advertising, or copyright laws, and eventually a lawsuit. For this reason, investing in a knowledgeable attorney is imperative to any online personality.
Social Media Law for Business
Because trademark, copyright, and general advertising laws remain the same for print and digital advertising, businesses infringing upon someone’s intellectual property are violating commercial laws. Individuals can hold the rights to their own self-image, music, photos, phrases, and videos, so if a person deems that their likeness or intellectual property is misappropriated, a takedown lawsuit may be filed against the infringer. The laws of social media marketing require that any usage of intellectual property must be disclosed and approved by the owner beforehand. This is especially important when the media is licensed work, as different licenses may be required for use in different settings.
Social Media Laws and Regulations for Influencers
The inadvertent nature of social media in combination with strict social media laws serve a higher risk of compliance violations for influencers. Being approached by a business to form a partnership or create a sponsored post may feel exciting. However, the FTC strictly prohibits the spreading of false or misleading information on the internet. Without guidance from a professional, it can be simple to blindly follow the instructions of the brand. Unfortunately, this oversight has a history of lawsuits filed against influencers and the businesses with which they collaborate, and a lack of knowledge or understanding is not a strong defense.
The Value of an Experienced Social Media Law Firm
Social media law in a nutshell is a variety of guidelines that strive to prevent deception, and copyright and trademark infringement. Unfortunately, determining whether or not a post or collaboration is in violation of these guidelines can prove difficult. At The Saade Law Firm, P.A., our influencer marketing attorneys have a thorough understanding of the laws regarding social media and can provide legal advice and direction on a case-by-case basis. With a professional opinion at the forefront of every social media transaction, compliance becomes much simpler, and the increased avoidance of lawsuits makes it a noteworthy investment. Social media law and ethics are of utmost importance to our Miami-based law firm, ensuring that both influencers and businesses alike can post without worry that they are violating the law.
Contact The Saade Law Firm, P.A., or give us a call at 786-633-1114 to learn more about the specifics of social media marketing laws.