Tag

internet

Advertising / Image Rights

Using someone’s image in your advertising

What does a brand need to consider, before using a photograph of someone for their advertisement or marketing campaign? Getting it wrong can have serious consequences, ranging from lawsuits to public backlash. So here are my top tips! Celebrities and public figures have been featured in advertisements for centuries. But thanks to social media, these days even non-celebrities have the opportunity to act as powerful advertising agents for various products and services. Over the last few years, we’ve seen influencers from all over the world – and from practically every community – establish their own personal brands and narratives through…

Brands / Counterfeiting / Legal Contracts

From A to P: Amazon’s Third-Party Problem

With Christmas ‘only’ two months away, many of us will soon be turning to Amazon for our holiday shopping. But recently, the company has received heavy criticism regarding counterfeited items and expired food sold by third-party vendors. Speaking at the Wall Street Journal Tech Live Conference this week, one of the company’s top managers explained the company is prepared to spend billions to combat the problem. Some of us (myself included!) will remember that Amazon began as an online bookseller 25 years ago in Seattle, Washington at the height of the dot.com boom. Two years later, America’s largest bookseller Barnes &…

Free Speech / Social Media

Can the Rockets Rebound? The NBA’s Twitter Problem in China

One tweet from the general manager of an NBA team shows us how a well-intentioned post on social media can have explosive financial and political impact. It also serves as a stark reminder of internet censorship in China. Two weeks ago, the General Manager of an American basketball team found himself in the middle of an international political scandal. Daryl Morey, who has managed the Houston Rockets for over a decade, tweeted a message of support for protestors in Hong Kong. This led to a massive troll mob against Morey, and a major falling out between NBA fans in China,…

Free Speech

Regulating the Raunchy? Free speech and obscenity under Miller v. California

One of the most interesting aspects of being a technology lawyer is that it necessarily requires a strong understanding of Internet regulation and digital rights, including the right to express yourself online.  As such, free speech is one of my favourite areas of legal history and theory.  Coincidentally, two major US Supreme Court cases regarding free speech were decided on this day —  21 June! This post takes a look at one of them: Miller v. California [1973].  In a later post, I’ll explore a second landmark free speech case decided on 21 June: Texas v. Johnson [1989]. The Constitution in Court.   Most…