Tag: social media

1
Fashion Law Update – August 2022 Edition
2
Influencers and Digital Advertising
3
UK Advertising Regulator makes first ever ruling on disclosures required for commercial marketing via a TikTok video
4
Photographer’s Claim of Copyright Infringement Over Use of Embedded Instagram Photo Still Alive

Fashion Law Update – August 2022 Edition

“Fashion is not something that exists in dresses only. Fashion is in the sky, in the street, fashion has to do with ideas, the why we live, what is happening.”

Coco Chanel

In this edition of Fashion Law, we cover a range of topics which are having an impact on businesses and consumers in the fashion and luxury products sector worldwide.

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Influencers and Digital Advertising

Over the past decade, influence marketing has changed the way advertising is handled by companies. Influencers have entered the marketing world by leveraging massive followings on social media platforms, and brands have recognised the value of the new category of advertising professionals.

Even though the use of influencers has become a mainstay of advertising, French legislation has yet to meet this evolution, resulting in an often opaque legal framework.

The broad spread-out provisions applicable to influencers also generate difficulties in understanding influencers legal status, in particular when they are underage. This notably raises the question whether influencers are employees of the brands they advertise for—and therefore subject to labor law—or if they should be considered independent contractors, with their relationship with brands subject to commercial legislation.

Such opaque legal framework raises questions about the applicable regime, as well as the legal status of influencers. Even though there is no specific regime for influencers, recent legislation was adopted in order to protect children influencers (see our previous alert here).

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UK Advertising Regulator makes first ever ruling on disclosures required for commercial marketing via a TikTok video

A TikTok post on an Emily Canham’s account, a beauty blogger and YouTube star, is the first TikTok video found to be in breach of the Advertising Standards Authority’s (ASA) requirement for disclosure in the UK (see here).

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Photographer’s Claim of Copyright Infringement Over Use of Embedded Instagram Photo Still Alive

User beware – you may be held to a social media platform’s terms of use – or not. Most people are aware that by using a social media platform, they give up some rights to the content that they share. What rights and to what extent depends on the platform and the specific terms of use.

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