SOCIAL MEDIA INFLUENCERS MAKE $$$$ BIG MONEY $$$$ ONLINE As more people become paid, social-media influencers, more regulations are put in place.

1. How To Be A
Social Media
Influencer...
How to protect your brand on social media — seven top tips (MLS CITATION - LEXOLOGY , October 16,
2019 )https://www.lexology.com/library/detail.aspx?g=5a6e9d26-8e5b-458e-830e-745d29430e3b
Alux.com - Luxury Experiences and Fine Living

2. What is Social Media?
“Social media” is defined as a form "of
electronic communication (such as
websites for social networking and
microblogging) through which users
create online communities to share
information, ideas, personal messages,
and other content (such as videos).”

3. SOCIAL MEDIA INFLUENCERS MAKE $$$$
BIG MONEY $$$$ ONLINE
● Brands pay influencers to
sponsor posts, videos, stories
and blogs
● Social influencers range from as
small as a micro-influencers -
people with fewer than 100,000
followers to a celebrity having
million of followers
● YouTube videos command the
highest fees
As more people become paid, social-
media influencers, more regulations
are put in place.

4. List of statutes may apply to social media issues.
Copyright Act (UnitedStates) –
sets out exclusionary rights for
works of authorship. See our
posts on the Copyright Act.
Children’s OnlinePrivacy
Protection Act (“COPPA”) – U.S.
federal lawand Federal Trade
Commission regulations that
regulate online collectionof
personal information of persons
under 13 years of age. See our
posts on COPPA.
Digital Millennium Copyright
Act (“DMCA”) – Part of the U.S.
copyright law, it limits liability
to service providers even if they
have actual knowledge of
infringing activity. Seeour posts
on DMCA.
Family Medical Leave Act
(“FMLA”) – U.S. federal lawthat
requires certain employers to
provide employees withunpaid
leave for qualifiedfamily and
medical reasons. See our posts
on the FMLCHAct.
Federal Trade Commission
(“FTC”) Act, 15 U.S.C §§ 41-58 –
authorizes the U.S. FTC to
investigate andcurb unfair trade
policies. See our posts on the
FTC Act.
Lanham Act, 15 U.S.C. § 1051 –
U.S. federal lawthat provides
protection for trademarks and
service marks. See our posts on
the Lanham Act.
Patent Act – U.S. federal law
provides patent holders witha
temporary right to exclude. See
our posts on patents in the
social mediaspace.
Anti-SLAPP(U.S. state law) –
provides protection against
StrategicLawsuits Against Public
Participation (“SLAPP”). See our
posts on anti-SLAPP.
Americans WithDisabilities Act
(“ADA”) – U.S. federal lawthat
prohibits discrimination basedon
disability. See our posts on ADA.
Canada’s Copyright
Modernization Act – implements
the rights and protections under
the WorldIntellectual Property
Organization (WIPO) Internet
treaties andaddresses various
challenges andopportunities to
copyright owners posedby the
Internet anddigital media. See
our posts on the Copyright
Modernization Act.
ElectronicCommunications Privacy
Act (“ECPA”), 18 U.S.C.§ 2511 – U.S.
federal lawthat prohibits interception
of “any wire, oral, or electronic
communication. See our posts on
ECPA.
ElectronicFunds Transfer Act
(“EFTA”) – U.S. federal lawthat
establishes responsibilities of
participants of electronic funds
transfers anddictates rights and
liabilities of consumers. Seeour posts
on the EFT Act.
Communications DecencyAct (“CDA”)
– U.S. federal lawthat regulates
indecency and obscenityon in
cyberspace. Section 230 provides a
safe harbor for third party providers
who are not construed as publishers of
their users’ content. Seeour posts on
the CDA.

5. COMMERCE
CLAUSE
INTERNET JURISDICTION

6. Personal Jurisdiction – Online & Out of State
Harris v. Sportbike Track Gear, No. 13-6527, 2015 WL 5648710 (D.N.J. Sept. 24, 2015)
The New Jersey “court held that although the defendant had social media accounts which
were commercial and interactive” there must be:
● evidence the account targets customers in New Jersey
● evidence of conducting business with residents in that state
New Jersey “court concluded that even though the defendant’s website and social media
platforms were accessible in New Jersey, the defendant could not have reasonably expected
to be haled into a state court”

7. Personal Jurisdiction – Online & Out of State
McNeil v. Biaggi Productions, LLC, No. 15-751, 2017 WL 2625069 (E.D. Va. June 16, 2017)
The Virginia court “declined to exercise personal jurisdiction over nearly all counts of a
complaint based upon defendant’s posts on Twitter and Facebook ” because:
● No evidence the posts targets customers in Virginia
● evidence of posts targeted an undefined global audience

8. Personal Jurisdiction – Online & "sufficient for the purpose"
Ramirez v. Group Services, Inc., No. 16-1831, 2017 WL 2672555 (M.D. Fla. June 21, 2017),
The Florida court "held that defendant’s website and social media pages provide a basis for
personal jurisdiction ” because:
● evidence of copyright infringement
● evidence intentionally targeted Florida travelers

9. WHAT YOU SAY AND HOW YOU SAY IT
Using your social media influence bears responsibility. The FTC protects
consumers and suggests a list of online guidelines
● Clearly disclose when you have a financial or family relationship
with a brand.
● Don’t assume that using a platform’s disclosure tool is sufficient.
● Avoid ambiguous disclosures like #thanks, #collab, #sp, #spon, or
#ambassador
Full sponsorship disclosure means that influencers have to make sure
consumers understand and can visibly read the the fine print.
How do you think the issue be resolved?

10. More On Consumer Protection - AD CLARITY
Advertising Standards Authority
Competition and Markets Authority
require social media influencers to disclose
which posts are ads and which posts are
aren’t.
Advertisement?
YES / NO

11. ETHICS
How do you think the issue
be resolved?
The FTC published the Endorsement Guides which offers detail help on how to legally
promote your product using celebrities and influencers. The material serves as the best way
to prevent legal pitfalls that may be occur.

12. Why is this issue important?
Trade laws in the United States and
abroad may differ in each state.
As an internet social media
influencer,it is imperatively
important that you know the facts
about consumerprotectionand
unfair or misleading marketing
tactics.
https://www.instagram.com/alecwilcock/

13. Misleading Practices
Federal Trade Commission v. Tarr, Inc., No. 17CV2024 LAB KSC (CA, October,3, 2017),
Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 53(b), Section 5 of the Restore Online
Shoppers’ Confidence Act (“ROSCA”), 15 U.S.C. § 8404, and Section 918(c) of the Electronic
Fund Transfer Act (“EFTA”), 15 U.S.C. § 16
93o(c)
The California court held their jurisdiction over this matter and found:
● evidence Tarr, Inc. used unsupported claims, fake magazine and news sites, bogus
celebrity endorsements, and phony consumer testimonials to market their products

14. Tarr,Inc used advertisements that falsely
claimed that celebrities Will Farrel and Paula
Deen used and endorsed their muscle growth
supplements, with successful outcomes.
LOOK ALIKES
“ right of
publicity”
What are the legal implications of
phony celebrity endorsements
and Why is this issue important?

15. Misleading Practices
Federal Trade Commission v. Tarr, Inc., No. 17CV2024 LAB KSC (CA, October,3, 2017),
Tarr, Inc faced more than a dozen California court orders that included:
● Permanent Injunction and Monetary Judgment Against All Defendants
● Millions of dollars were returned to customers
How do you think the issue be resolved?

16. ONLINE DATA
Privacy & Security

17. The General Data Protection Regulation (EU) 2016/679(GDPR) is a regulation in EU law on data
protection and privacy for all individual citizens of the European Union (EU) and the European Economic
Area (EEA)
Some states have taken measures to better protect social
mediaprivacy, with laws that usually fall into the following
categories:
Laws requiring implementationof security measures;
Laws imposing liability and criminal punishment for hacking;
and
Laws requiring notificationfor data breaches.
Foreign and U.S. Federal and State Social Media Laws
The high-profile data breach involving Facebook and
Cambridge Analytica is an example of a violationof the
company's standards and practices

18. INTELLECTUAL
PROPERTY
COPYRIGHT INFRINGEMENT

19. LANHAM ACT trademarks, service marks, and unfair competition
Batra v. POPSUGAR Inc., 2019 WL 482492, No. 18-cv-03752-HSG (N.D. Cal. Feb. 7, 2018)
The class action lawsuit was filed“ on behalf of “persons with large numbers of followers
on social media” (also known as “influencers”). Batra claimed that POPSUGAR reproduced
and made into a derivative work without the influencers’ permission.
POPSUGAR is an American media and technology company that runs a pop culture blog.
According to the lawsuit, POPSUGAR had “copied thousands of influencers’ Instagram
images” while removing both the sidebar on the images, which contained identifying
information, and the links that allowed the authors to monetize their images.

20. Batra v. POPSUGAR Inc., 2019 WL 482492, No. 18-cv-
03752-HSG (N.D. Cal. Feb. 7, 2018
The California court found that “Batra’s complaint
was sufficient to allege a Lanham Act violation”
because:
● evidence of misleading practices
● evidence of trademark infringement in its use of
product images resulted in the impression that
Batra endorsed or was otherwise affiliated with
POPSUGAR’s service
LANHAM ACT trademarks, service marks, and unfair competition

21. How do you think the issue be
resolved?
Copyright infringement can be
upheld in court with either a fine
up to $250,000 or imprisonment
for up to 5 years.

22. The "monkey selfie" dispute is still relevant.
Fenty & Ors v. Arcadia Group Brands
Limited (t/a Topshop)
The High Court of Justice Chancery Division,
Case No: HC12F01378; The Court of Appeal (CivilDivision), Case No: A3/2013/2087 &
A3/2013/29557)
One case involved the pop singer Rhianna
who sued a t-shirt company for using a
reproduced photographic image derived
from a photograph taken by a professional
photographer who
licensed the image to TopShop.

23. “ right of publicity”
Fenty & Ors v. Arcadia Group Brands Limited (t/a Topshop):
A British court ruled for Rihanna finding that:
● UK law does not recognize image rights or rights of publicity,
noting that “there is today in England no such thing as a free
standing general right by a famous person (or anyone else) to
control the reproduction of their image
● Topshop's sale of the T-shirt bearing a photograph of the singer
without her authorization
was an act of passing off
How do you think the issue be resolved?

24. “ right of publicity”
Fenty & Ors v. Arcadia Group Brands Limited (t/a Topshop): The High Court of Justice
Chancery Division, Case No: HC12F01378; The Court of Appeal (Civil Division), Case
No: A3/2013/2087 & A3/2013/29557),
● A separate order awarded Rihanna a permanent injunction against Topshop and
granted $320,000 in damages.
How do you think the issue be resolved?

25. How do you think the issue be
resolved?
This case helped set “legal grounds for
the famous to limit the circumstances
in which commercial advantage can be
derived from exploiting their celebrity
status”

26. APPENDIX
How to protect your brandon social media — Seven TopTips -LEXOLOGY -October 16, 2019
https://www.theguardian.com/music/2015/jan/22/rihanna-topshop-tshirt-court -- Rihannawins TopshopT-shirt row- The Gaurdian January 2015
https://www.thefashionlaw.com/learn/rihanna-vs-topshop - Cases of Interest: Rihanna Fenty vs. Arcadia Group (t/a Topshop)
https://perma.cc/9DE6-FDKP--PSA: The Hudson Yards 'Vessel' Has The Right To Use All The Photos & Videos YouTake Of It Forever -March, 2019
https://www.ftc.gov/news-events/blogs/business-blog/2017/09/three-ftc-actions-interest-influencers --Three FTC actions of interest to influencers -September, 2017
Fauxmats, false claims, phony celebrity endorsements,andunauthorizedcharges -Fair, Nov 6, 2017
- https://www.bbc.com/news/technology-50418807 -Social-mediainfluencers: Incomes soar amidgrowing popularity -November 14, 2019
https://consumer.findlaw.com/online-scams/social-media-privacy-laws.html -Social MediaPrivacy Laws
http://www.mondaq.com/unitedstates/x/796482/Copyright/Not+Quite+So+Sweet+POPSUGARs+Removal+Of+Instagram+Sidebar+Leads+To+A+Loss+On+All+Fronts UnitedStates:Not
Quite So Sweet: POPSUGAR's Removal Of Instagram Sidebar Leads To A Loss On All Fronts – April 10 2019
https://www.ftc.gov/ -Federal Trade Commission