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Social Media Law

TikTok, Music and Congress…..What Do Agencies Do Now?

Oh TikTok, how you confound us right now!

It’s whiplash time for agencies that have integrated TikTok into their toolkit of recommendations for clients who want to grow brands or achieve other specific business results online.

Let’s walk through some recent legal developments that are affecting TikTok campaigns and creative choices for marketers on the platform today, and that may…

It’s A Private Matter – Agencies And Data Privacy Regulations Today

It’s not always obvious, but consumer data plays an essential role in your agency’s marketing strategies. Agencies need to be aware of the implications privacy laws can have on you and on your clients as you develop your next strategy recommendation or campaign idea.

In 2023, four new states adopted statutes protecting the use and collection of consumer data, and several more states…

It’s Unavoidable: What The FTC’s Updated Endorsement Guidelines Mean For Your Agency

Have you been seeing more “Paid Partnership” or “Advertisement” tags lately while scrolling your feed? This is largely in part due to the FTC’s updated endorsement guidelines, which are even more strict than they were mere months ago. As an agency, you should be aware of the new regulations being imposed on the brands and talent you work with. This article will give you the basic…

What Agencies Need to Know About Artificial Intelligence

Artificial Intelligence (“AI”) is used by more people than ever, and it has firmly positioned itself as one of the great new technological frontiers. However, whether you are using AI to generate audios for your personal TikTok or to ghostwrite blog posts and copy for your business, the Copyright Office has put its foot down. You don’t own copyright in anything the AI produces – in…

The Agency’s Legal Guide for TikTok Sounds

Agencies know that launching a brand campaign can be fast, exciting, and a tad chaotic. Adding influencers into the mix only makes things more complicated, and details can easily get lost along the way. It is no surprise, then, that agencies sometimes find themselves in hot water for unauthorized sounds being used in TikTok posts.

Copyright law is complicated, but TikTok is a necessity.

What Agencies Need to Know About the FTC’s Proposed Changes to the Endorsement Guidelines

The law is typically slow to catch up with business practices, so it’s no surprise the FTC is just now proposing changes to its endorsement and testimonial guidelines for marketers thirteen years after its 2009 amendments (the iPhone 3 era, to be exact).

There’s a lot to digest in the proposed changes, but we are going to give you the highlights so that you can be prepared when…

When Things Fall Down: Your Agency’s “Fast Action” Plan for Common Marketing Legal Emergencies

marketing legal and creative be prepared

When legal issues confront your agency it feels personal. It hits home. It puts your people, your work and your reputation in the balance.

This is the world I live in with my agency clients and it’s more common than you might think.

Even if a legal emergency (definition: something’s gone bad, and you need to act ASAP) happens infrequently in your work as an agency leader, when it…

Marketing Under the Influence: Understanding the Legal Implications

InfluencerMarketingCompliance

Marketers may have been uncertain about the regulatory environment at the beginning of a new administration in Washington; but it’s become clear that the FTC remains actively focused on issues of transparency and disclosure in influence marketing tactics.

I know firsthand from my work with marketing agencies that nobody wins when “legal” puts the halt to a brilliant campaign or creativ…

Three Rising Legal Risks in Content Marketing and Social Media for Agencies

Has one of your clients received a “friendly” letter from the FTC lately inquiring about its disclosure and transparency practices in influencer marketing?

“Operation Full Disclosure, Part 2,” a correspondence campaign that began circulating in March, appears in full swing, and it’s a not-so-subtle education effort by the FTC to ensure brands (and their agencies) know and understand…

Five Top Legal Hot Buttons Marketing Agency Leaders Need to Know…and How to Handle Them

 

Marketing agency leaders have lots of legal questions! Sometimes on the creative aspects of their work (like intellectual property and licensing issues), other times about rules and regulations they need to know (like for content marketing and social media compliance), and many times about their business relationships (clients, employees and independent contractors).

Here I tack…

Contact

Sharon Toerek
Toerek Law
737 Bolivar Road, Suite 110
Cleveland, Ohio
44115
Call Me: 800.572.1155
Email: sharon@legalandcreative.com

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