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Showing posts with label publisher. Show all posts
Showing posts with label publisher. Show all posts

Social Networks and Right of Publicity

From a Kenyon & Kenyon newsletter looking at legal trends for 2013:

An important “Right of Publicity” issue for 2013 is the use by social networks of their members' names and/or likenesses in advertising. Many social networks have broad Terms of Service which purport to allow them to exploit any content that a member posts on the networks' websites. Social networks take the position that these service terms permit them to use aspects of their members’ identities in advertisements appearing within the social networks. As social networks grow and compete for advertiser dollars, they will naturally want to allow advertisers to create the most effective ads possible. Studies have shown the persuasive potential of an online connection's recommendations (due to the apparent lack of bias), and therefore many advertisers are likely to request advertising that uses the identities of a social network's users.

Advertising Financial Products on the Internet

ASIC has today released RG 234, Advertising financial products and advice services: Good practice guidance, to assist promoters in complying with their legal obligations when advertising financial products and services. See the media release - 14 February 2012, for further information and related material.

It applies to advertising on the Internet, via Twitter and the like.  See section RG 234.115
and following.
What is interesting is that the Guidelines also apply to publishers (such as newspapers), Internet sites, and aggregators and comparison websites.  See Section E and RG234.164 and following.

"While the primary responsibility for advertising material rests with the organisation placing the advertisement, the publisher may also have some responsibility for the content of an advertisement."

How should damages be assessed for privacy and cybersecurity breaches

Listen to this podcast where I discuss how damages should be assessed in privacy and cybersecurity lawsuits. The Lawyers Weekly Show host J...