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Cover Your Assets

June 2, 2019 by Mark 9 Comments

I’ve received some questions from a number of influencers over the past few weeks on the subject of insurance coverage.  In addition, there have been some discussions in some Facebook groups where this topic is getting some interest. It seems like there’s an emerging trend in many influencer contracts where the brand/sponsor requires some level of liability insurance coverage in the contract.

The reason why having appropriate insurance coverage is so important is that you’ve worked hard to build a valuable business. You don’t want a misstep or mistake to strip the value out of your business. Additionally, since many contracts may now require insurance coverage, it’s a good idea to keep up with the changes. Given that many people don’t really understand or speak the language of insurance, this can get pretty confusing pretty fast. Although this post is a bit long and has a lot of “legal” like stuff going on, it will help you get up to speed on what kinds of insurance coverage you may want or need.

[Read more…]

Filed Under: Business, Compliance, Content, Copyright, Intellectual Property, Trademarks Tagged With: Blogger, Influencer, Insurance, Legal Liability

License? Assignment?

April 9, 2018 by Mark 1 Comment

As a blogger, controlling your creative content is a very important element of your business. Many bloggers sign contracts that will transfer ownership of their content to someone else, even when that’s not what they intended.

This embedded graphic provides a quick overview of a complicated subject and may be useful when you need a quick refresher.

Remember – Be Smart. Be Legal.

 Disclaimer – Yes, I’m a lawyer, but I’m not your lawyer. All information in this post is provided for educational purposes only and should not be considered legal advice for any specific person or any specific situation.

Filed Under: Content, Copyright, Intellectual Property, Social Media Tagged With: assignment, copyright, license

Work for Food? Work for Hire?

May 2, 2017 by Mark 6 Comments

What is a “Work Made for Hire?”

If you’ve been around the block more than once, you’ve probably heard the phrase “work made for hire.” It’s pretty common in the blogging world and a lot of bloggers think they understand it. Chances are they’re wrong. Few people, even lawyers, really understand what the “work made for hire” doctrine is, what it covers and, most importantly, what it does not cover. Most people think that “work made for hire” is a legal rule that can automatically transfer ownership of creative content from one person or company to another. While that is true in a few cases, it is not true for many, many situations – including the ones you are most likely to encounter.

So, buckle up, it’s going to get a little tricky but if you stick with me, you’ll be glad you did.

[Read more…]

Filed Under: Content, Contracts, Copyright, Intellectual Property, Social Media, Website Tagged With: contract, copyright, work for hire

Bueller? Bueller? Anyone?

April 27, 2017 by Mark 2 Comments

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Update on FTC Disclosure Rules For Sponsored Posts

Several years ago, the FTC issued some updated guidelines for influencers, bloggers, and sponsors regarding sponsored posts. The rules were not terribly specific, but the intent was clear. If a post is sponsored, it must be clear to a reader that the post is sponsored. I wrote a blog post about at the time and you can read about it here.

Apparently, some people didn’t get the memo or at least are pretending that they didn’t get the memo.

[Read more…]

Filed Under: Business, Content, Partners, Social Media

Don’t Use My Picture! Or Else!

January 13, 2017 by Mark Leave a Comment

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Like many of you, I enjoy going to Chipotle for a burrito every once in a while. It’s a fast casual restaurant and, if you ignore the occasional food borne illness, it’s a pretty good place to eat.

So, what exactly does eating at Chipotle have to do with taking pictures you ask? Good question. Here’s the answer. Last year I published a short post about using photographs in your social media.  Sadly, at least for one photographer, the information in my blog post was not available for review when he made a serious mistake.

[Read more…]

Filed Under: Content, Copyright, Intellectual Property, Social Media, Uncategorized

Copyright 101

May 3, 2016 by Mark 3 Comments

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In the past, I’ve provided some examples of what not to do in the world of copyright and exposed some common copyright myths. In this post, I’ll present a more proactive view of copyright law and help you understand a few of the basics so that you can better appreciate this important area of the law for the blogging community.

Here are some rules to live by.

[Read more…]

Filed Under: Content, Copyright, DMCA, Intellectual Property

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