Tag: Social Media

Debunking Copyright Myths

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While most of our posts relate to trademark matters, brand owners should also be aware of some common misconceptions about copyright law, which we debunk in the following article. This post is based on the authors’ article “Debunking Copyright Myths,” originally published in Landslide® magazine, Vol. 11, No. 6, July/August 2019, by the American Bar Association.

These days it seems that copyright law is everywhere, from lawsuits alleging that the multiplayer online battle game Fortnite infringed popular dance moves such as the floss,1 to the Ninth Circuit agreeing that Pharrell Williams and Robin Thicke’s song “Blurred Lines” infringed Marvin Gaye’s copyrighted hit song “Got to Give It Up.”2 As the Internet and technology have become omnipresent in our lives, the constant availability of copyrighted content—from streamed music to photos and posts on social media—has led to the perpetuation of copyright myths. Unfortunately, these myths and numerous others have caused misconceptions over the rights of the copyright holder and the obligations of the user.

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Let the Games Begin – But Only After the Rules Are In Place (Sweepstakes & Promotions Series Part 2)

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As we mentioned last month in our kickoff post on this topic, we are excited to dive deeper into the world of sweepstakes and promotions law.  This post explores several key elements to keep in mind when formulating the official rules and abbreviated rules for a promotion.

The main goal of the official rules in any promotion is two-fold: (a) to inform participants and the public regarding the details of the promotion, and (b) to comply with a series of federal and state laws and regulations.  Both of these goals are critical – no company wants to face either disgruntled participants or angry regulators.

The rules must be in place and finalized before the promotion begins.  If you are running a U.S.-based sweepstakes with a total prize value of over $5,000, you may also be required to register and bond the promotion with various state agencies up to thirty days before the promotion begins. Registration will require you to submit a copy of the promotion rules, so keep in mind that in those cases, the rules must be finalized at least thirty days before the beginning of the promotion.  That means the clock is ticking!  Depending on the type of promotion, other state laws and regulations may also be implicated, so be sure to check well before the beginning of the promotion. Continue reading “Let the Games Begin – But Only After the Rules Are In Place (Sweepstakes & Promotions Series Part 2)”