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Society & Culture
Virtual Legality Episode 94

An Epic Commission! Why the FTC should probably pay attention to Borderlands 3

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1y Aug 27, 2019
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Not much attention has been paid to the Epic Games Store's (EGS) "Support-A-Creator" program as of yet, but with news that creators (aka "influencers") will receive a commission of fully 20% (!) for sales of Borderlands 3, questions abound.

What disclosures are required for such an arrangement? Should they be more robust than reference to a simple affiliate link?

What role does the limited time for the promotion play, especially given that the time period is in advance of the actual release of the game?

What does the Federal Trade Commission (FTC) have to say on this, and how is it another instance which highlights the age of some of the Commission's current guidance?

If we ever earned a commission we'd declare it...in Virtual Legality.

#EpicGamesStore #Borderlands3 #VirtualLegality


Discussed in this episode:

"Support-A-Creator Update..."
Tweet - August 27, 2019 - Epic Games Store
https://twitter.com/EpicGames/status/1166413462928596992

"20% commission (or $12 per sale) is a lot..."
Tweet - August 27, 2019 - Chris Davis (@cdavis_games)
https://twitter.com/cdavis_games/status/1166415213173694464

"SUPPORT-A-CREATOR PROGRAM"
Epic Games Webpage
https://www.epicgames.com/affiliate/en-US/overview

"The FTC’s Endorsement Guides: What People Are Asking"
Federal Trade Commission Webpage
https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking


PODCAST VERSIONS AVAILABLE AT

Spotify: (https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)
(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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