A recent emerging trend seems to be freelance photographers using brands to create their own marketing campaign using the brand’s product with the hope of working with the brand, or increasing their own sales.  Some photographers even tag the brand when posting their photos publicly.

If a brand shares the photographers’ publicly posted photos on social media, or uses the photos in marketing campaigns, is it copyright infringement?

What do you think?  Let me know your opinion in the comments

#business #professionalwomen #advertisingandmarketing #infringement #hispanicadvertisinglawattorney

Every social media platform has terms of use/service, privacy policies, etc., which are legally binding contracts.  So, if a photographer voluntarily shares photos publicly on such platforms, it is imperative to know that social media rules may actually protect from infringement lawsuits.  Also, brands may be able to use such photos in their marketing campaigns where the photos include the brand product/name.  Another potential legal issue is misleading consumers as to the a non-existent relationship between the photographer and the brand.  Finally, there may be a potential countersuit for using the brand in the photographers own campaign.

Best business practice is to think twice before posting photos publicly!  Also, read the terms of use/service and privacy policy to know how what you post publicly can be legally used by others

Friendly reminder: Substantiation + transparency = TRUST!  Having legally compliant marketing campaigns and business builds trust.  Any question? Feel free to contact me.  https://calendly.com/audrey-advertisinglaw/30min

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