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ARTICLE · 19 NOVEMBER 2019

Verizon Media Gets Buzzed, In A Good Way

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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About a year ago, NAD issued two important companion decisions addressing the impact of affiliate links on editorial content and whether such links could transform editorial content into advertising.

United StatesMedia, Telecoms, IT, Entertainment

About a year ago, NAD issued two important companion decisions addressing the impact of affiliate links on editorial content and whether such links could transform editorial content into advertising.  NAD looked at Buzzfeed's "Shopping Guide" and determined that it did not  constitute "national advertising" notwithstanding the inclusion of purchase links in the Guide that provide compensation to Buzzfeed in some instances.  

In coming to this determination, NAD was guided by the fact that (i) the product content in BuzzFeed's guide was selected by the editors without the input of the business team regarding the potential for affiliate link revenue; (ii) the retailer and brand did not have any say in the content – before or after its publication – and; (iii) the affiliate links were added to the "shopping guide" after the editorial content was completed.  Therefore, NAD determined, the content was not tied to the "economic or commercial motivation" that "could,

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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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