Staying on the right side of the law
 

Staying on the right side of the law

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Vanessa Barnett, commercial lawyer, Charles Russell

Vanessa Barnett, commercial lawyer, Charles Russell
Digital impact conference
www.charitycomms.org.uk/events

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Staying on the right side of the law Staying on the right side of the law Presentation Transcript

  • 5 THINGS What every charity should know about social media Vanessa Barnett Partner, TMT @vanessabarnett
  • THE LAW (AND OTHER STUFF)  Mostly old laws, with a bit of the new  Four key areas of law:  Intellectual property  Data protection/privacy  Defamation/contempt  Employment  One key set of terms and conditions (well, sort of)  Social media platform T+Cs
  • ONE – RESPECT MY AUTHORITY (INTELLECTUAL PROPERTY)
  • http://southparkstudios.mtvnimages.com/shared/downloads/images/season-14/1403/1403_cartmanJunkieA.jpg
  • Flikr attribution: naixn
  • Flikr attribution: grendelkhan
  • Flickr attribution: p_a_h
  • Getting the right rights in  Creating new content  Commercial production  Assignment always preferable!  User generated content  Assignment unlikely, but very wide licence  Employees/consultants  Using existing third party content  Commercial licence  Content libraries  Creative Commons  Be careful licence rights wide enough  Exclusive/non-exclusive  Territory  Media  Devices  Language
  • Copyright myths  Everything on the Internet is in the public domain, so I can use it  No, only stuff where copyright has actually expired is in the public domain  If there’s no copyright notice, I can use it  No, no notice is needed to get copyright, it just arises and the creators are protected – notices, these days, are for information  If I change it, I have not made a copy, so I can use it  No, that’s still a copy which has been derived from the original, so still an infringing copy  If I just copy part of it, it’s not a copy, so I can use it  No, because a copy can be the whole or a substantial part (and that’s qualitative – think of the Mona Lisa smile!)  If I don’t make any money out of it, it’s not commercial, so it’s permitted  No, the exceptions which allow use of copyright works without permission are very narrow (e.g. research, private study, news reporting, etc)
  • The „right‟ to „share‟
  • TWO – DON‟T BE A DATA DUFFUS
  • Privacy and Electronic Communications Regulations  Need a positive indication of consent – but that doesn‟t automatically mean a tick box  Directive defines „the data subject‟s consent‟ as: „any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed‟  ICO read this as some form of communication where the individual knowingly indicates consent, saying: “This may involve clicking an icon, sending an email or subscribing to a service. The crucial consideration is that the individual must fully understand that by the action in question they will be giving consent.”
  • The „soft‟ opt in – how far can you stretch it?  PECR say no need for consent if:  Obtained details from the intended recipient in the context of a sale or negotiations for the sale of a product or service AND  The marketing relates to sender‟s own/similar products or services AND  The recipient is given a simple means of refusing the communications (but an opt-out or otherwise) at data collection and on every subsequent communication  So careful with mailing list purchases too!
  • All boils down to this Tell people what you are doing with personal data Do what you have told them!
  • THREE – NO SUCH THING AS #INNOCENT
  • http://www.thetimes.co.uk/tto/multimedia/archive/00320/102030342_Paul_Cham_320099c.jp g
  • Paul Chambers
  • Sally Bercow http://www.independent.co.uk/news/uk/crime/twitter-libel-sally-bercow-says-she-has-learned- the-hard-way-as-she-settles-with-tory-peer-lord-mcalpine-over-libellous-tweet-8630653.html
  • Jordan
  • #ad #spon  Disclosure of paid promotions or endorsements  Use ‘#ad’ hashtag or #spon if someone has been paid to promote your charity  The position of charity „ambassadors‟ is unclear
  • FOUR – WE ARE ALL IN IT TOGETHER (UNFORTUNATELY!)
  • Responsibility for employees
  • FIVE – DON‟T FORGET THE CONTRACT STUFF
  • Common themes for social media platform T+Cs  Don‟t spam  Don‟t bully, intimidate or harrass  No nudity or pornographic content  Don‟t infringe or violate rights of third parties (including copyright!)  Don‟t publish confidential stuff  Don‟t associate with us  Get logos right simples
  • Facebook specifics  Promotions  Facebook Promotions Guidelines – keep it legal and if any ‘gambling’ element, need consent from Facebook  Ads  Facebook Pages Terms  Relevant and appropriate for audience  Appropriately targeted!  Data  Get consent and be transparent  Cannot use for purpose outside of consents  No tagging without consent!
  • Twitter specifics  Don‟t send unsolicited @ replies or mentions  When you post something on Twitter you grant Twitter a licence to do what it wants with your content!  Promoted tweets must be appropriately targeted, comply with all applicable laws and regulations, and accurately reflect your brand  Remember @[your charity] will be responsible for all promoted content on Twitter on its behalf
  • FINALLY
  • THANK YOU