Social media and the law presentation 8-22-11Presentation Transcript
SOCIAL MEDIA STRATEGY &SOCIAL MEDIA LAW PRESENTATION BY: DeWayne Pope, Red Mountain Law Andrea Walker, W. Social Marketing, LLC
BEST PRACTICES OFSOCIAL MEDIA STRATEGY
EFFECTIVE STRATEGY FORSHARING YOUR MESSAGE
INBOUND MARKETING VERSUS OUTBOUND MARKETING
INBOUND MARKETINGQualiﬁed leads come to youBuild relationshipsTrustKnowledge
HOW TO GET CUSTOMERS TO COME TO YOU...
YOUR SOCIAL MEDIA R.O.T.
WHY R.O.T.? (RULE OF THUMB)Most content erodes due to lack of interestor mis-managementSocial networking proﬁles are left “rottingaway”Mis-conception about ROI of social media
RULE OF THUMB #1Social media is NOT sales
RULE OF THUMB #2 Remember it’s social media ...Talk WITH people ... not AT them More importantly, get people talking about YOU!
RULE OF THUMB #380% information & 20% self-promotion REMEMBER this ratio!
RULE OF THUMB #4 Make them feel special!Increase fans by incentivizing and promoting sharing.
RULE OF THUMB #4Social media is all about close relationships! People do business with people they like.
RULE OF THUMB #6Address negative posts professionally and publicly.
SOCIAL MEDIA RULES OF THUMBSocial media is NOT sales.Get people talking.80% information & 20% self-promotionMake them feel specialPeople do business with people they like.Address negative posts professionally and publicly.
SOCIAL MEDIA & THE LAW
START WITH A SOCIAL MEDIA POLICYProvide clear guidance to employeesProvisions to protect: Company intellectual property (trademarks, copyrights, patents) Conﬁdential company informationDon’t impose unnecessary or impractical restrictionson use of social media
Legal responsibilities assumed with use of site(e.g., responsibility for complying with takedownprovisions of the DCMA)Ownership of intellectual property used on orinformation collected or generated through use ofthe site
User-generated content Digital Millennium Copyright Act of 1998 (DMCA) Safe harbor for copyright infringement by acts of users Notice & takedown procedures
Section 230 of Communications Decency Act of1996 (CDA) Immunity for publishing tortious statements made by third parties
COMPLY WITH APPLICABLE LAWSDefamationFalse advertising No posting of fake reviews
Securities laws (publicly traded company) Prohibits market manipulation, insider trading, selective disclosure & disclosure of material non- public info Monitor statements by employees
Promotions, contests & sweepstakes laws Sweepstakes-type promotions that require a purchase by participants are illegal in the US USPS & FCC also enforce federal laws governing contests and prize promotions
Each state has laws that may require promoters to make disclosures, seek licensing, or post a bond.Industry-speciﬁc laws
CONSENTObtain consent before use of employees’ or third-parties’ names, images or informationUse comprehensive release document to explainpurpose & extent to which company will use names,images or information
DON’T VIOLATE EMPLOYEERIGHTS UNDER THE NLRADon’t restrict employee speech or take adverseemployment actions to extent employees use socialmedia to communicate about organizing, unions orother rights protected under NLRAEnsure NLRA compliance even in non-unionworkplace
DISCLOSE MATERIALCONNECTIONS WITH BLOGGERSFTC requires advertisers to disclose connectionswith endorsers of their products if: payment to endorser provision of free productsAdvise blogger of obligation to disclose
CONSIDER LEGAL RISKSOF SM BACKGROUND CHECKSAvoid making decisions based on protected classmembership revealed through social mediaUse same protocols for social media screeningComply with Fair Credit Reporting ActDo not access password-protected electronicresources without proper authorization from ownerMake decisions using vetted & accurate info
REVIEW INSURANCE POLICIES CGL insurance policies may not cover liability arising out of certain online activities Possible additional insurance: cyber liability insurance that covers data breaches, privacy and data security business interruption media & content liability
CONTACT INFO DeWayne Pope Red Mountain Law email@example.com (205) 618-8908 Andrea Walker W. Social Marketing, LLCandrea@wsocialmarketing.com (205) 835-2493