The Internet's most objectionable ad experiences, DMCA safe harbors, and more in this issue of Advertising Law News & Analysis

4 min

web devices

Meet the Internet's Most Objectionable Ad Experiences

This week, the Coalition for Better Ads, a global coalition of media companies and trade associations, released initial Better Ads Standards for the desktop and mobile web that reflect consumer advertising preferences in North American and European markets. The initial Better Ads Standards for desktop and mobile web are based on comprehensive research in which more than 25,000 consumers rated 104 ad experiences. Four types of desktop and eight types of mobile web ad experiences were least preferred and fell below these standards. Venable attorneys Stu Ingis, Chuck Curran, and Tara Potashnik serve as counsel to the Coalition for Better Ads, and facilitated the Coalition's development of the initial Better Ads Standards.

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sailboat at sunset

Don't Let Your DMCA Safe Harbor Sail Away

Last year, the Copyright Office went electronic with regard to Digital Millennium Copyright Act (DMCA) agent designations, writes Venable partner Linda Zirkelbach in a recent alert. Because of this change, any DMCA agent designations that were filed at the Copyright Office prior to December 1, 2016 expire this year, if they are not renewed online. Any publisher that may have previously qualified for the safe harbor from liability for copyright infringement under Section 512 of the DMCA will lose this safe harbor if it does not submit this critical filing during 2017. Read the client alert to learn why it is important to maintain the safe harbor, if your organization is eligible.

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gaming keyboard

ASA Gives Marketer Extra Life After Game Ad Review

Recently, the Advertising Standards Authority (ASA), the UK's independent advertising regulator, received numerous complaints from individuals alleging that the content and game play experience of a video game called No Man's Sky were not as advertised. In a recent blog post, Venable attorney Kimberly Culp writes that the ASA's findings supported the game's publisher, and that the publisher's successful defense holds lessons for any company marketing video games or other digital content.

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no phone scams

Criminal Charges Brought Against Telemarketers

This week, the U.S. Attorney's Office for the Southern District of New York brought criminal charges against six individuals allegedly involved in a business opportunity telemarketing scheme targeting elderly people. In a blog post, Venable attorney Alexandra Megaris writes that the facts alleged in the case are strikingly similar to those of several civil cases brought by the FTC in recent years under the Telemarketing and Consumer Fraud and Abuse Prevention Act. This illustrates that the line between deceptive and fraudulent telemarketing is not well defined, and companies that sell or buy telemarketing leads need to be particularly vigilant about who they do business with.

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Advertising Law Tool Kit

What's in Your Tool Kit?

Enforcement of Do-Not-Call laws, laws restricting the use of "robocalls," disclosure requirements, consent requirements, state registration requirements, and other restrictions makes reaching consumers a regulatory minefield for telemarketers. In the latest edition of the firm's Advertising Law Tool Kit, Venable partner Ellen Berge outlines several strategies telemarketers can use to mitigate the risk of communication with consumers via telephone call and text.

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ANA Law and Policy Conference

March 28-29, 2017 | Washington, DC

As the world shrinks and digital takes control, effective advertising lawyers are not just building the bridge between creative freedom and consumer protection – they have increasingly become embedded in the marketing process, from beginning to end. Venable's Amy Mudge, Tara Sugiyama Potashnik, and Chuck Curran will be sharing industry insights on various panels throughout the conference. Be sure to join Venable at the 13th Annual Association of National Advertisers' conference as we host the opening networking reception on March 28 at 5:30 p.m.


ABA Antitrust Spring Meeting

March 28-31, 2017 | Washington, DC

Join friends and colleagues from over 60 countries in Washington, DC for the 65th Antitrust Law Spring Meeting. You will hear a broad array of perspectives, including from government enforcers including Asia, Europe, Latin America, judges, in-house counsel, plaintiffs counsel and defense lawyers. Hear from Venable's Randy Miller and Rob Davis on panels discussing false advertising claims and music licensing. CLE highlights include debates, mock trials, fireside chats with international enforcers, sessions featuring federal district court judges and government enforcers addressing merger and non-merger litigation and counseling issues.