Though they may be effective in generating publicity, using unauthorized social media endorsements for marketing purposes could be risky – cautions Davis LLP's Chris Bennett in an article for The Lawyers Weekly.
In "A Little Privacy Please," which appears in the October 17, 2014 issue, Chris explains the three main types of laws in Canada that currently provide privacy protection and personality rights: trademark law, statutory privacy law, and common law. He also looks at several recent applications of these laws to social media marketing, which serve as stark reminders that while it may be tempting to feature a celebrity sighting or customer endorsement in a marketing campaign, doing so without first obtaining informed consent directly could increase exposure to the risk of lawsuits.
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