Rights of Publicity and Social Media: Navigating the Complexities Absent Clear Court Guidance
Leveraging Social Media and Minimizing Exposure to Infringement Risk

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, June 28, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide companies and counsel on leveraging social media in brand promotion while navigating the right of publicity. The panel will offer best practices for minimizing infringement risks with little court precedent as guidance and differing state laws.
Faculty

Mr. Jennings protects brands, copyrighted works and domain names throughout the world. As part of his practice, he represents plaintiffs and defendants in a wide variety of disputes involving trademark, copyright, trade secret, right of publicity, breach of contract, unfair competition and false advertising claims. Mr. Jennings teaches a course on right of publicity and privacy law at the John Marshall Law School.

Ms. Tune leads the firm's Copyrights Group and Media & Entertainment Industry Teams. Her practice includes a wide variety of intellectual property issues, including copyrights and trademarks, as well as a broad array of entertainment, licensing and E-Commerce matters. She represents a variety of clients—large and small, domestic and foreign, and in many different industries.

Ms. Boisineau focuses her practice on trademark prosecution, counseling, enforcement and licensing, as well as providing trademark litigation support. She assists clients with all stages of securing trademark protection with an emphasis on the selection and enforcement of trademarks domestically and internationally. Ms. Boisineau frequently authors publications and speaks on topics of interest to the IP community.
Description
Social networking websites host billions of users worldwide, with users and sites continuing to grow exponentially. Companies use social media to promote themselves and increase brand awareness by implying a celebrity connection.
Adding another layer of complexity is that social media has redefined the definition of a "celebrity." Once limited to those with a presence in movies, sports, or television, now people who are followed or viewed by millions on social media outlets qualify as celebrities.
With many cases settling and differing state laws, companies and their counsel have little guidance on limiting exposure to the risk of infringing others' rights of publicity when promoting their brand. Companies and counsel must tread carefully in advertising and brand promotion and the application of rights of publicity.
Listen as our authoritative panel of IP attorneys examines the right of publicity, focusing on the social media context. The panel will discuss the potential legal challenges and steps to avoid the common pitfalls. The panel will also offer best practices for navigating the right of publicity in social media with little precedent to serve as guidance and differing state laws.
Outline
- Impact of social media on the right of publicity
- Potential legal challenges that arise and steps to avoid the common pitfalls
- Best practices for navigating rights of publicity in the social media context
Benefits
The panel will review these and other key issues:
- How is social media challenging the traditional definition of a celebrity? What concerns does this raise for businesses?
- What can businesses and counsel do to minimize the risk of violating rights of publicity when using social media to promote the brand?
- What best practices should companies and counsel employ when navigating the right of publicity in social media?
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