deBrauwere Assesses Natty Light Social Media Lawsuit in Bloomberg BNA
Nowadays, “online marketing is often done through paid influencers – online personalities whose opinions can move millions," Robert deBrauwere, Co-Chair of Pryor Cashman’s Digital Media Group, explained in a recent interview with Bloomberg BNA.
deBrauwere was referring to a February 2017 copyright infringement / right of publicity lawsuit brought against Anheuser-Busch LLC by a woman whose picture was used in connection with Anheuser’s “Every Natty Has a Story” campaign. The image at issue shows Kayla Kraft, the plaintiff, wearing a false mustache while drinking a Natural Light beer. Kraft contends the photo was used in various “Natty Light” promotional materials, including posters and coasters, without her permission.
Anheuser, however, claims it had permission to use the image, telling Bloomberg it was voluntarily submitted as part of a Facebook promotion.
Influencers and Social Media Campaigns
deBrauwere told Bloomberg the Natty Light case underscores the absolute need for companies to secure proper releases when embarking on social media campaigns: “People make significant amounts of money in their roles as influencers, and someone in the position of Anheuser-Busch could underestimate the value of that person’s publicity.”
If an image used as part of a campaign originated from someone who makes money from their personality, “the damages could be very, very significant,” deBrauwere said. He explained that a “click-through agreement” – which requires individuals to manifest assent by clicking an “ok” or “agree” button on a dialog or pop-up window – alone could suffice “when a purely online promotional program is ephemeral.” However, when an image is printed on paper and used for promotional purposes, companies will need a “solid signoff.”
The alcoholic beverage industry maintains its own set of standards governing how photos of people can be used in advertising materials. deBrauwere recommends that clients strictly adhere to these guidelines, even in instances where people voluntarily submit pictures of themselves.
The full article can be found at Bloomberg BNA (subscription required).
More About deBrauwere’s Practice
Robert deBrauwere is a partner in Pryor Cashman’s Intellectual Property, Digital Media and Litigation Groups. He helps cutting-edge technology companies, global brands, entertainers, content platforms and media agencies navigate the legal complexities of the Digital Millennium Copyright Act (DMCA), online and social media marketing, the scope of fair use in copyright law, and digital privacy, among other areas.
deBrauwere has written on the subject of online advertising and social media influencers, and is frequently tapped by the media for his knowledge in this area. To learn more about his work, please visit here.
