Michele Robichaux

Michele is an attorney at Odin Law and Media. Her transactional law experience has led her to specialize in the legal issues that affect creators of all kinds. With an extensive background as a Big Law associate, In-house counsel for US and European social media and entertainment companies, and as legal and business advisor to clients in both the US and Europe, she brings not only skill and know-how but also diverse experience and perspective to her clients. She can be reached at michele at odin law dot com.

Social media account ownership when a content creator relationship breaks down

This week, the US Court of Appeals for the Second Circuit vacated portions of the US District Court for the Southern District of New York’s decision in the JLM Couture, Inc. v Hayley Paige Gutman case. Among other things, the case involved the determination of social media account ownership and the enforceability of non-compete obligations …

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US state privacy law update: what’s on the menu for 2024

In this article, we’ll be taking a basic overview of the new state privacy laws becoming effective in 2024, what they have in common, and where they differ. Since the Utah Consumer Privacy Act (UCPA)was technically only in effect for one day in 2023, we’ve included it in this 2024 roundup as well. 2023 U.S. …

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What are the risks of influencer whitelisting?

Creators should be aware that there exists a good amount of risk with influencer whitelisting. The first, and often overlooked, risk a creator faces with respect to whitelisting is a lost opportunity to earn what their services are worth if whitelisting isn’t carved out as an “added” service in the agreement. Often the Odin team …

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What is influencer whitelisting?

Influencer whitelisting, or content creator whitelisting, may seem like it’s been around for years but it is still a relatively new marketing tool. It started somewhere around 2017 and has become more prevalent since the pandemic. But what, in fact, is it? Influencer whitelisting At its core, influencer whitelisting is a process by which creators …

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What is one thing that most (if not all) digital creators need?

Here’s a hint – not having these is one of the biggest mistakes digital creators can make. We’re not talking about tons of followers or amazing brand deals or even the best equipment. While those things are certainly nice, if a creator doesn’t have the right agreements in place for their team (and by team, …

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When does my game fall within the scope of COPPA?

United States federal privacy regulations are different for kids under 13 and compliance is really tough. Provided the game is not primarily targeted or advertised at kids, and a game studio has no knowledge of kids using it, it’s usually a simpler plan to just exclude them where monetizing through ads or otherwise collecting personally …

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FTC Request for Public Comments on Endorsement Guides in Advertising

The Federal Trade Commission is considering whether to make changes to its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (aka the Endorsement Guides) and they want to hear from you.  As the name suggests, the Endorsement Guides are guidelines for businesses and marketers using endorsements in advertising. Their purpose is to help …

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CDA Section 230 and the USMCA

The Big Tech-shielding principles of Section 230 of the Communications Decency Act (C.D.A.) have made their way into the U.S.-Mexico-Canada Agreement (USMCA), despite some opposition in Congress. Section 230 of the C.D.A. has been credited as the catalyst for creating America’s multibillion-dollar online industry and christened as “the law that built the internet.” Yet, despite …

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