Source: Fred Cavazza.net MARKETING COMMUNICATIONS SOCIAL MEDIA BUSINESS DEVELOPMENT SOCIAL MEDIA Awareness Interest Desire Hire
For the majority of us, social media is just nothing more than a faster way to screw up in front of a larger number of people in a shorter amount of time.
- Peter Shankman
Almost every company is focused on leveraging social media to sell
Social media can build your brand but it can also destroy it
Just because you see people engaged in certain conduct online or in social media does not mean it is legal
Existing laws apply equally to online and offline conduct – platform does not matter
If you defame someone online, you can be liable in the same manner as if you defamed them in traditional media
Ditto for intellectual property infringement and misappropriation
Who Handles Social Media?
Law firms love to assign it to the junior, just out of college marketing team member “He/she is young they know all about ‘The Facebook’”
What they do not know about law, business savvy, company culture and overall strategy could kill your brand
External Management – PR Firm model
Have more time and they have more knowledge of social strategy than you may have internally
If you do not have a strong contract in place that covers everything, you could have a problem. Plus, how do they really know the company culture and day to day strategy nuances
This is not Rocket Science
Everyday News = Social Gaffes
Respondeat Superior Applies to Social!
If comments are made from a company’s Facebook or Twitter feed, be wary
Latin: “ Let the master answer ”
A legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment.
Slander and libel are false or malicious claims that may harm someone's reputation
Libel: a false, malicious statement published in mainstream media
Slander: a false, malicious spoken statement
What Happens in Vegas…
Can legally live forever on the internet in some cases
Note and understand differences in ownership rights and license grants under LinkedIn, Facebook and Twitter
LinkedIn: Users grant BROAD irrevocable license to copy, derivative works of, publish, commercialize, etc. in any way now known or in the future discovered... without any further consent, notice and/or compensation to you or to any third parties” with respect to all submitted content.
Twitter: Users free to take down content; no grant to Twitter.
Facebook: “For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.”
External Social Media Policy
Generally no liability for statements made by “Commenters”
However from a brand perspective you may want to remove posts
Digital Millennium Copyright Act
Take-down policy should be explicit and followed faithfully
Register the DMCA Agent with the US Copyright Office
Transparency is Key
False Advertising and FTC Blogger Rules
Blogger must disclose any benefits received in exchange for promotion
Blogger and advertiser can be liable
Declare where you work
EU Consumer Data Issues
COPPA – Children’s Online Privacy Protection Act
Do you need an Age Gate?
Intellectual Property Infringement
Use copyrighted works only with a proper license
Willful Infringement: triple damages and attorneys ’ fees
Generally no liability for re-tweeting a copyrighted image