The New York Law Journal (subscription required) published an article authored by Andrew Lustigman and Safia Anand, which was exclusively featured in the Fashion Law Special Report. The article, “Legal Pitfalls for Fashion Brands in Social Media,” addresses social media in brand promotion. The piece stresses the importance of remembering that traditional intellectual property and right of publicity/privacy laws that typically apply to advertisements equally applies to social media, reiterating the FTC’s increasing focus on the use of social media influencers and ensuring proper disclosure.
Additionally the feature states that brands can be held liable for the unauthorized use of someone’s image in connection with the brand’s social media pages and specific permission needs to be obtained.
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