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Digital Marketing Law for Filmmakers

Filmmakers are increasingly using digital marketing tools to make their films "sticky". Social media and contests and sweepstakes drive traffic to the filmmakers' sites. Solicitation of user-generated content keep fans interested. Email marketing and blogger advocacy keeps fans coming back. And ... tracking the fan activity can help filmmakers entice investors and distributors and/or market their films more efficiently. Clearly, a tremendous upside for a small budget. However, all of this upside comes with potentially high risk for those who don't know how to navigate this highly-regulated area of the law. In this very practical workshop, filmmakers will learn how to develop legally-compliant sweeps and contests, solicit user-generated content with legal immunity, run an email campaign without running afoul of the federal CAN SPAM Act, comply with social media sites' promotional guidelines, and utilize brand advocates without violating the FTC's Endorsement Guidelines.

Additional Supporting Materials


  1. How do I run a sweeps or contest that does not violate the anti-lottery laws?
  2. How do I run a promotion on a social media platform, e.g., Facebook, Twitter and Youtube without getting shut down for failure to comply with the platforms' promotional guidelines?
  3. How do I run an email marketing campaign for my film without getting fined by the FTC for failure to comply with the CAN SPAM Act?
  4. I would like to get fans engaged with my content by soliciting mash ups, comments, surveys or other user-generated content, but I'm afraid I'll get sued for infringement if they upload something they don't have the rights to; what steps can I take to secure immunity under the Digital Millennium Copyright Act and the Communications Decency Act?
  5. I'd like to solicit brand advocates to blog or comment about my film and get the word out virally; if I pay them or even give them an entry in a contest to put in a word, is that legal or must I disclose what I paid under the FTC's Endorsement Guidelines, and, can I tell them what to say?



Anne Moebes, Attorney, Law Office of Anne Moebes

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