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User Generated Content and Native Advertising: Intellectual Property and Adequate Disclosure Ramifications

Product Code - LGA199
Speaker(s): Vejay G. Lalla, Davis & Gilbert LLP
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As marketers continue to utilize social media as a more integral part of how they communicate with their consumers, the sophistication of the interactions and the platforms and capabilities have grown significantly. No longer are marketers simply developing microsites and running simple promotions that live on the site. Instead, marketers are taking advantage of platforms such as Facebook, Instagram, Twitter, Vine, and others to interact with consumers in more ways including via hashtags and applications. This raises additional and novel legal issues related to intellectual property infringement and right of privacy and publicity claims.

Marketers also are going further and are trying to integrate advertising in a more seamless fashion to consumers. This phenomenon, called native advertising, is content that promotes a brand or product in the native format of the website, publication, or platform in which it is presented. Native advertising looks different for each medium, for instance, a Sponsored Story on Facebook, Featured Partner content on BuzzFeed, a branded or promoted playlist on Spotify, or a traditional advertorial page in a magazine are all types of native advertising.

In addition to the user generated content and intellectual property issues described above, native advertising has generated concern and debate over the need for adequate disclosure and guidelines to ensure that consumers are aware that the content is advertising. Also, the need to keep the content consistent with advertisers’ and publishers’ core brand values so that consumers will remain engaged is an issue.

Marketers and their legal counsel need to be aware of the ever-changing digital media landscape and the novel issues that surround marketing activities online, particularly via social media channels.

Educational Objectives:

• Learn about native advertising and related FTC and FCC regulatory compliance.

• Gain a better understanding of the terms and conditions of social media platforms such as Facebook, Twitter, Instagram, Pinterest, and Vine.

• Find out about the attendant risks in running user generated content advertising and promotions via hashtags or applications.

Who would most benefit from attending this program?

This program would benefit intellectual property counsel and general in-house practitioners who want to better understand the risks of advertising and integrating brand content online via social media channels.

Program Level: Basic

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Vejay G. Lalla, Davis & Gilbert LLP

Vejay G. Lalla, Davis & Gilbert LLP
Vejay G. Lalla is a partner in the Advertising, Marketing & Promotions, and Technology, Digital Media & Privacy Practice Groups of Davis & Gilbert.

Mr. Lalla's practice involves counseling the leading advertising holding companies and their agencies, media buying agencies, social media and digital agencies, public relations agencies, and advertisers in negotiating complex agreements including agency-client agreements and agreements regarding public relations, co-marketing, strategic alliance, sponsorship, barter, trade credit, media planning and buying, and talent (both union and non-union). He also counsels clients with respect to rights of privacy and publicity, behavioral targeting and data security issues, website and social media terms and conditions and privacy policies, review of advertising copy including for regulatory, endorsement, false advertising, and intellectual property issues.

Mr. Lalla has been recognized by The Legal 500 U.S. 2013 for his knowledge in the area of advertising and marketing. Before joining Davis & Gilbert, he was the Director of Business and Legal Affairs at Lifetime Television. He was also previously an associate at Fross Zelnick Lehrman & Zissu, P.C. and Cowan Liebowitz & Latman.

Mr. Lalla earned a J.D. from Benjamin N. Cardozo School of Law and a B.A. from Boston University. He is admitted to practice in New York and New Jersey.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.