05. 04. 2013
Photo by Mike Monaghan via Flickr Creative Commons

Why Bloggers Must Disclose But Major Sites Don’t

Why don’t popular websites like Refinery 29 and Glamour.com have to disclose the fact that they have received products for free while individual bloggers do have to make such disclosures? Clearly, the editors...

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05. 04. 2013
2013 FTC Updates: What You Have to Do

2013 FTC Updates: The New Requirements

The United States’ Federal Trade Commission first released its blogger disclosure requirements in 2009.  Since then, many things have changed about technology, and the FTC has updated its disclosure requirements for the smaller...

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05. 04. 2013
Photo by Randy Pertlet via Flickr Creative Commons

Wild, Wild West No More: FTC Disclosure Rules Regarding Blogger Compensation

This is a re-post from May 2011.  The information does not reflect the recent 2013 FTC updates. In October 2009, the Federal Trade Commission (“FTC”) issued revised “Guides Concerning the Use of Endorsements...

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18. 09. 2012
Photo by mexico rosel via Flickr Creative Commons

Trademark Bullying

What do Chick-fil-A®, Monster® energy drinks and Tootsie Rolls® all have in common? They have each been accused of “trademark bullying.” Trademark bullying is the practice of using aggressive, overzealous tactics (i.e., cease...

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14. 08. 2012
Photo by spettacolopuro via Flickr Creative Commons

What to include in promotional materials… from a legal perspective!

                        This month, we were asked to write a column about whether or not there were any legal issues bloggers should consider...

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29. 05. 2012
Photo by 401K via Flickr Creative Commons

What to expect when blogging for a third-party for pay

Contract negotiations are fluid discussions which often take shape based on non-scientific factors such as emotions, relationships, style and perceived leverage. Having said that, there are certain concepts a blogger should always expect...

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24. 04. 2012
Photo by Anne Marthe Widvey via Flickr Creative Commons

Blogging management: Do you need representation?

Dan and I counsel a number of bloggers on issues ranging from compliance (i.e., privacy issues, contest and sweepstake rules, FTC disclosure guidelines, and DMCA safeguards) to intellectual property protection (i.e., trademarks, copyrights,...

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23. 03. 2012
Photo by ChrisGoldNY via Flickr Creative Commons

Privacy policies for bloggers & avoiding legal risks: Part II

Last month we covered some of the issues that should be addressed in your privacy policy. Now, we’ll turn our attention to your terms and conditions, also known as terms of service (“TOS”)....

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21. 02. 2012
legal-risks

Privacy policies for bloggers & avoiding legal risks

Previously, we’ve discussed the DMCA “safe harbors” which, if followed, can help you avoid liability for hosting third-party infringing material on your blog. A couple of months ago we began covering privacy policies...

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25. 01. 2012
copyright

Copyright infringement: How can bloggers can deal with it?

Success! Two months in a row where we can address a pressing member question! This time, it’s about copyright infringement. The iFabbo member writes: “I have been having a horrible time lately with people...

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