Pryor Cashman lawyer Nick Saady wrote an article for TechCrunch about the legal issues and risks faced by influencers and brands in the social media age, particularly those relating "to copyright licensing and infringement, disclosures and statements in endorsements, compliance with securities laws, and defamation."
Nick writes that as social media has "created unparalleled opportunities" for brands and influencers "to market their goods and services ... novel legal issues and risks have emerged for both."
The most significant of these issues relate to copyright issues associated with posting content on social media, as well as making the necessary disclosures and statements in social media endorsements — referencing various recent cases involving celebrities. Nick highlights other issues for influencers and brands to consider, including those regarding securities laws for crypto-related social media activity and defamation associated with making statements on social media.
From a practical perspective, Nick looks at considerations for brands and influencers in crafting written contracts associated with social media endorsements — emphasizing that for influencers and brands, "[p]rofessionalism and proactivity are critical."
Nick concludes by noting that the "constant spotlight on influencers heightens the importance of diligence in understanding, and complying with, legal and regulatory guidelines."
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