Interactive Marketing: An Evolving Online Marketing Strategy

Interactive marketing steps beyond traditional direct marketing and its newer incarnation, direct response marketing, into a truly conversational marketing medium in which buyers and sellers continue to develop their relationship over time through feedback mechanisms. While not entirely defined by Internet marketing, interactive marketing has certainly found its greatest success online.

At The Lustigman Firm our marketing law attorneys work with Internet marketing companies, Internet businesses, Web operators, affiliate programs, sweepstakes companies, entrepreneurs and established businesses engaged in integrated marketing campaigns using interactive marketing strategies. We represent clients across the United States, Canada, and the world.

Contact The Lustigman Firm to speak directly to an interactive marketing law attorney.

On the Cutting Edge

The Lustigman Firm is ahead of the curve, advising on major interactive marketing campaigns such as:

• User-generated content promotion for a major hospitality chain involving a prize of one million frequent guest points
• User-generated content promotion in which members of on-line community select the director and cast for a full-length feature movie
• User-generated content promotions for a major New York City theatrical event
• Interactive game promotions with instant win components along with drawings for major prizes
• Web 2.0 promotions involving User Generated Content
• Mobile Marketing Campaigns (SMS) (Premium SMS)

User-Generated Content Promotions

Interactive games and particularly user-generated content (UGC) in promotional marketing contests, present a host of legal challenges to the companies at the forefront of the interactive marketing movement. Some of these challenges are unique to interactive marketing and include intellectual property issues, right of publicity, and advertising claims. Our interactive marketing law attorneys assist clients with:

• Review of online advertising, sweepstakes, contests, or other prize promotion marketing endeavors to help ensure compliance with state and federal laws
• Development of clear and binding official rules to which contestants must agree
• Advertising clearance with media channels if user-generated audio or video will be broadcast
• Legal counsel to help ensure compliance with online privacy protection laws, anti-spam laws, and opt-out registries
• Legal counsel to understand the responsibilities and opportunities created by the new user-as-content-provider relationship

Privacy Issues: A Heightened Concern in Interactive Marketing

Data collection and data storage practices are particularly important to interactive marketers, especially those providing online services that draw upon and learn from customer preferences to customize the user's subsequent online experience.

For companies using interactive marketing strategies it is imperative that they give thorough consideration to their current and future business model when formalizing a privacy policy. As technology changes and business opportunities present themselves, a too-restrictive privacy policy may hamper your ability to take the next important step in your customer relationship.

Safe Harbor and Due Diligence

Online content provider risks litigation for copyright infringement if a participant violates intellectual property rights by using third-party materials without obtaining permission. The Digital Millennium Copyright Act (DMCA) contains provisions that can protect a Web site owner from financial liability if certain criteria are met. This DMCA safe harbor only applies in cases of Internet postings. It does not apply to other media, such as television.

Our interactive marketing lawyers can help explain your risks and responsibilities when using UGC in a promotional contest.

For legal counsel or litigation defense in cases involving interactive marketing law and integrated marketing campaigns, contact the Internet lawyers of The Lustigman Firm.

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