The Legal Side of Social Media: A Conversation with Robert Freund

Season One | Episode Four

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If you’ve ever seen a creator post about your brand, business, or product and thought, “Amazing, we should repost that,” this episode is your friendly (and very necessary) reality check.

In Dose of Social Episode 4, we sat down with Social Media Lawyer Robert Freund, an LA-based Advertising + E-Commerce attorney who helps brands avoid the kinds of legal issues that can turn into expensive, time-consuming problems. His background is in commercial litigation (including false advertising class actions), and today he focuses on what he calls “litigation avoidance” by helping brands spot risks before they become lawsuits.

And yes… brands get sued for social content all the time.

Copyright basics: posting it online doesn’t make it “fair game”

Robert broke down one of the biggest misconceptions in marketing: just because content is shared online doesn’t mean you can use it. The creator who made the photo or video automatically owns the copyright the moment they create it. Posting to Instagram doesn’t transfer ownership, it simply gives the platform limited rights to display and share the content within the platform’s tools.

Where brands get in trouble is when they download or repost creator content as their own, especially when they move it across platforms (like from TikTok to Instagram). That’s a straightforward copyright infringement claim.

And one more myth to retire: giving credit to a creator doesn’t protect you. Tagging the creator may actually make it easier for them to discover the infringement.

“But they tagged us” still isn’t permission

Another common scenario: a snack brand gets tagged in a Reel, and assumes that means they can repost it. Robert’s answer was clear: a tag is not a license for reuse. If you want to reuse content, you need permission, ideally in writing, even if it’s a simple DM that clearly grants rights.

Safe alternative: use the in-platform share features like sharing to Stories or Repost on the Feed (Updated 2025) rather than ripping and reposting.

Memes and Celebrity Images: Two Fast Ways To Get Sued

Memes feel like internet culture, but they’re still content owned by someone. Robert shared that dozens of brands have been sued for using popular meme templates (including the “dude with sign” meme) due to copyright + right of publicity violations.

Right of publicity is separate from copyright and means people (not just celebrities, especially in California) can control the commercial use of their name, image, or likeness. Using a celebrity photo to promote your brand without permission can absolutely trigger a claim, even if they wore your product.

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Giveaways: Don’t Accidentally Run A Lottery

Giveaways are everywhere — and full of legal landmines. The biggest risk is accidentally creating an illegal lottery, which happens when you have:

1. A Prize
2. Awarded by Chance
3. Requiring “consideration” (money or meaningful effort) to enter

If purchase is required, you generally need a free method of entry (and it must be treated equally). Robert also emphasized that brands should use official rules and, in some states (like New York and Florida), giveaways may require registration depending on prize value.

And that “Not Sponsored by Instagram” line? Required by the platform, but not sufficient for legal compliance.

FTC crackdowns: Fake Followers + Affiliate Claims

Two big FTC-related reminders:

• Buying followers, likes, or fake engagement is illegal under newer FTC rules targeting fake indicators of influence — and can trigger civil penalties.

• Affiliate/influencer content is treated like your brand’s advertising. If an affiliate makes exaggerated claims, the brand can still be responsible. That’s why monitoring and clear agreements matter.

Actionable Takeaways From This Episode: 

• Never repost creator content without explicit permission.

• Credit and tags don’t equal rights.

• Memes and celebrity imagery can trigger copyright + publicity claims.

• Giveaways need official rules (and sometimes legal setup).

• FTC rules apply to endorsements, affiliates, and fake engagement.

Reminder: protect your growth and your business by building smarter systems behind the content.

Find Robert Online at https://robertfreundlaw.com/.

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