Internet & Computer Law Archives - Page 29 of 34

Web Designer & Customer Liable for Copyright Infringement

Digital Media Law Blog: “When a website designer and host and its customer work together to create a website which — oops! — contains unlicensed copyrighted images, who is liable for the infringement? A recent case found that the answer was ‘Both,’ holding the web designer liable for direct infringement and its customer liable for vicarious infringement. See Corbis Corp. v. Nick Starr, d/b/a Master Maintenance, N.D. Ohio No. 3:07CV3741 (September 2, 2009)

New Rules: Endorsements & Testimonials in Marketing

Attorney Kevin Hutchinson wrote a scholarly article about the FTC’s new ad rule and posted it on Joel Comm’s website.

Those were the days-the days when a marketer could use an actual quote from a real person that has used your product as a marketing endorsement or testimonial to capture the aspirations of your potential customers. As of December 1, 2009, those days are gone.

Maybe that’s a good thing for many consumers, because some marketers have been slimy with their marketing efforts. However, it’s safe to say that most marketers are honest and sincerely offer products and services designed to help their clients feel better or make money. Both will definitely be affected by the new Guidelines released by the Federal Trade Commission (FTC) which take effect December 1st.

Give Your Testimonials a Reality Check

Copywriting guru Michael Fortin: “After reading and re-reading the latest FTC guidelines, I’ve come to some important conclusions that I want to share with you. Particularly as they relate to testimonials. . . . It’s a huge benefit to those who understand copywriting, because they can actually turn around and use the FTC rulings to their advantage. Even make more sales as a result.”

How to Comply with the New FTC Ad Guidelines

Mike Young, the attorney whose blog is called Internet Law & Business Blog has written several articles on the FTC’s new advertising rules applicable to websites. The articles are:

“Testimonials, Federal Trade Commission, and Your Website.”
“FTC Fools: Nonlawyers Misinterpret New Advertising Guidelines.”
“How to Comply with the New FTC Compensation Disclosure Guidelines” (pdf format)

New F.T.C. Rules Have Bloggers and Twitterers Mulling

New York Times: “Beginning Dec. 1, bloggers, Twitterers and many others who write online product reviews must disclose the receipt of free merchandise or payment for the items they write about. The guidelines, an update of the F.T.C.’s 1980 guide concerning the use of endorsements and testimonials in advertising . . . .”