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ARTICLE · 24 NOVEMBER 2025

Keep Your Hands Off My Memes

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Advertising lawyers often have to remind their beloved marketing colleagues and clients of a few things, like (i) getting a license to use a third party's photograph...

United StatesMedia, Telecoms, IT, Entertainment

Advertising lawyers often have to remind their beloved marketing colleagues and clients of a few things, like (i) getting a license to use a third party's photograph in an ad doesn't necessarily give you the right to use the image of any person in that photograph because the copyright holder and the right of publicity holder are not necessarily the same person; and (ii) stuff you find online is not free for the taking; and (iii) brands are not people: what I may be able do online in my personal (non-commercial) capacity is not what a brand can do in its advertising, at least not without taking a lot of risk.

Cue a recent case in the Southern District of New York illustrating these points so clearly that we should probably all just keep this in our files for future presentations and discussions with our marketing comrades. The case involves two social media posts created by the energy drink company, Oasis. Oasis posted two images of a man holding a sign advertising a

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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