of  social media . 11.17.09 some  points and pitfalls  of
today… –   5 points about social media –   6 legal pitfalls
David   from MediaSauce  talks about social media.
a little bit about me…
work.
sauce.
it all matters!
social media  is about people,  not technology.
listen. tell stories. be honest. have conversations.
the world is having  a  social makeover 1
why do you  join anything? fraternity? cause? church? a social network?
you join because it’s… social (connections) relevant (to your life) interesting (to you)
what is social media?
social hey there. hello. let’s knit!
media
social media
what’s the   BIG PICTURE   for business?
social media  is here to stay.
3 out of 4  americans use  social technology forrester, the growth of social technology adoption, 2008
online adults with a social network profile age group 30% 35-44 19% 45-54 17% 55+ 25-34 57% 18-24 75%
social media creates BIG opportunities to be first movers
whoever has  the   most connections changes   the game.
whoever has  the   most connections changes   the game.
whoever has  the   most connections changes   the game.
whoever has  the   most connections changes   the game.
be true to you and  get comfortable 2
what does it  mean to be social? if you’re 41 and married with 2 kids? if you’re 25 and single? if you’re retired and wido...
social means something  different  to everyone. if you’re 41 and married with 2 kids? if you’re 25 and single? if you’re r...
listen to  your audience
get in the game 3
you’ve got to be in the game to  change it
i knew a man who grabbed  a cat by the tail… –   mark twain   “
i knew a man who grabbed  a cat by the tail… and learned  40% more about cats than  the man who didn’t –   mark twain   “ ...
it's not about putting up a billboard on I-465 anymore…
it's about  connecting  with people
not about shouting  a message
4 a little matters a lot
my.barackobama.com
0.3% of the population joined my.barackobama.com (approx. 1 million people)
0.6% of registered voters
1.2% of registered  democratic voters
big   lesson of the day
1–2% of your audience  can create a successful  and activated community
simple tools for  people that care
5 make it matter (to someone)
so what do you do? be ing  relevant  and  add ing  value  are always key elements
41%   of americans want  companies to solicit  feedback on their  products and services.   2008 cone business in social me...
 
finding relevance in an irrelevant world
don’t forget the  O search engine o ptimization
social media parachutes people in
 
reviews ratings retweets reposts creating relevance  or legal issues?
Mike   from Ice Miller  talks about legal  pitfalls of social media.
social media overview Social media is  changing the way that the world does business  and those who best understand how to...
Social media  cannot be ignored , and neither can the legal issues surrounding the use of social media.  social media over...
1 employment practices
Social media is quickly becoming the number source for job postings and referrals.  employment practices Companies must de...
Employee's post-employment activities is a controversial area… who owns the information?  how is it protected? employment ...
2 user terms  & conditions
Almost always to participate in an on-line services, you must hit the "I agree" button which means that you will...
user terms and conditions Most people do not read the terms and conditions of use.  Do you? LinkedIN  FaceBook Twitter You...
3 new FTC guidelines
Consumer-referral driven economy is creating the need for further regulation to maintain (or create) truth in advertising ...
Revised FTC guidelines relating to Endorsements and Testimonials take effect December 1, 2009: Disclaimers such as "r...
Revised FTC guidelines relating to Endorsements and Testimonials take effect December 1, 2009: Effectively eliminates anon...
Company and Marketers responsible for misrepresentations or statements for hired blog services, employees, third parties r...
4 other regulatory   & limitations
Use of social media is a hot topic in highly regulated industries or with sensitive persons  (such as in health care/ phar...
On November 12 and 13, the FDA began taking  public comments en route to developing guidelines relating to the use of soci...
5 intellectual property
Growth of brand marketing, proliferation of free and available artwork, open and transparent internet and worldwide market...
6 personal  torts & the 1st amendment
Cyberslander, harassment and defamation are growing in popularity, especially by former employees  ("Sticks and Stone...
Consumer complaint sites; (ripoffreport.com states: "we never remove reports even when they are claimed to contain de...
questions…
contact us: –  [email_address] –  [email_address]
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Points & Pitfalls of Social Media

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Social media can create relevance and connect you to your audience, but does it create legal issues for your organization as well? Learn more about social media and what legal issues you need to be aware of.

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  • People like to matter, people want to play on the team. Respect collective user value and self generated content.
  • Points & Pitfalls of Social Media

    1. 1. of social media . 11.17.09 some points and pitfalls of
    2. 2. today… – 5 points about social media – 6 legal pitfalls
    3. 3. David from MediaSauce talks about social media.
    4. 4. a little bit about me…
    5. 5. work.
    6. 6. sauce.
    7. 7. it all matters!
    8. 8. social media is about people, not technology.
    9. 9. listen. tell stories. be honest. have conversations.
    10. 10. the world is having a social makeover 1
    11. 11. why do you join anything? fraternity? cause? church? a social network?
    12. 12. you join because it’s… social (connections) relevant (to your life) interesting (to you)
    13. 13. what is social media?
    14. 14. social hey there. hello. let’s knit!
    15. 15. media
    16. 16. social media
    17. 17. what’s the BIG PICTURE for business?
    18. 18. social media is here to stay.
    19. 19. 3 out of 4 americans use social technology forrester, the growth of social technology adoption, 2008
    20. 20. online adults with a social network profile age group 30% 35-44 19% 45-54 17% 55+ 25-34 57% 18-24 75%
    21. 21. social media creates BIG opportunities to be first movers
    22. 22. whoever has the most connections changes the game.
    23. 23. whoever has the most connections changes the game.
    24. 24. whoever has the most connections changes the game.
    25. 25. whoever has the most connections changes the game.
    26. 26. be true to you and get comfortable 2
    27. 27. what does it mean to be social? if you’re 41 and married with 2 kids? if you’re 25 and single? if you’re retired and widowed?
    28. 28. social means something different to everyone. if you’re 41 and married with 2 kids? if you’re 25 and single? if you’re retired and widowed?
    29. 29. listen to your audience
    30. 30. get in the game 3
    31. 31. you’ve got to be in the game to change it
    32. 32. i knew a man who grabbed a cat by the tail… – mark twain “
    33. 33. i knew a man who grabbed a cat by the tail… and learned 40% more about cats than the man who didn’t – mark twain “ ”
    34. 34. it's not about putting up a billboard on I-465 anymore…
    35. 35. it's about connecting with people
    36. 36. not about shouting a message
    37. 37. 4 a little matters a lot
    38. 38. my.barackobama.com
    39. 39. 0.3% of the population joined my.barackobama.com (approx. 1 million people)
    40. 40. 0.6% of registered voters
    41. 41. 1.2% of registered democratic voters
    42. 42. big lesson of the day
    43. 43. 1–2% of your audience can create a successful and activated community
    44. 44. simple tools for people that care
    45. 45. 5 make it matter (to someone)
    46. 46. so what do you do? be ing relevant and add ing value are always key elements
    47. 47. 41% of americans want companies to solicit feedback on their products and services. 2008 cone business in social media study
    48. 49. finding relevance in an irrelevant world
    49. 50. don’t forget the O search engine o ptimization
    50. 51. social media parachutes people in
    51. 53. reviews ratings retweets reposts creating relevance or legal issues?
    52. 54. Mike from Ice Miller talks about legal pitfalls of social media.
    53. 55. social media overview Social media is changing the way that the world does business and those who best understand how to use social media will thrive. The use of technology, the internet and most recently social media in business, B2B or B2C e-commerce, m-commerce (mobile commerce), and other mobile applications creates many legal issues.
    54. 56. Social media cannot be ignored , and neither can the legal issues surrounding the use of social media. social media overview
    55. 57. 1 employment practices
    56. 58. Social media is quickly becoming the number source for job postings and referrals. employment practices Companies must design employee use policies and keep them current: <ul><ul><ul><li>use of company computers or mobile </li></ul></ul></ul><ul><li> devices </li></ul><ul><ul><ul><li>information permitted or prohibited on </li></ul></ul></ul><ul><li> social networking sites </li></ul><ul><ul><ul><li>confidentiality/ endorsements / </li></ul></ul></ul><ul><ul><ul><li>disparaging remarks </li></ul></ul></ul><ul><ul><ul><li>ownership of information </li></ul></ul></ul>
    57. 59. Employee's post-employment activities is a controversial area… who owns the information? how is it protected? employment practices Some states prohibit an employer from interfering with employee’s activities at home.
    58. 60. 2 user terms & conditions
    59. 61. Almost always to participate in an on-line services, you must hit the &quot;I agree&quot; button which means that you will be bound by the terms and conditions of the site. user terms and conditions
    60. 62. user terms and conditions Most people do not read the terms and conditions of use. Do you? LinkedIN FaceBook Twitter Youtube
    61. 63. 3 new FTC guidelines
    62. 64. Consumer-referral driven economy is creating the need for further regulation to maintain (or create) truth in advertising E-Advertisement Guidelines: New FTC Guidelines $ 1.35 billion dollars in social media advertising in 2007 and expected to grow to $3.7 billion by 2011
    63. 65. Revised FTC guidelines relating to Endorsements and Testimonials take effect December 1, 2009: Disclaimers such as &quot;results not typical&quot; are deemed insufficient to correct consumer misperceptions about products or services); must have independent substantiation for claims
    64. 66. Revised FTC guidelines relating to Endorsements and Testimonials take effect December 1, 2009: Effectively eliminates anonymous blogs or websites designed to create web traffic, to promote own products or services or to criticize competitors' products or services; &quot;all material connections&quot; must be disclosed
    65. 67. Company and Marketers responsible for misrepresentations or statements for hired blog services, employees, third parties reviewers who receive free samples; must affirmative train and monitor. Revised FTC guidelines relating to Endorsements and Testimonials take effect December 1, 2009:
    66. 68. 4 other regulatory & limitations
    67. 69. Use of social media is a hot topic in highly regulated industries or with sensitive persons (such as in health care/ pharmaceuticals, financial services, collection services, legal, and the effect of regulations or laws such as the FCC, FTC, FDA, SEC, Attorneys General opinions, or laws involving children, entertainment, labor unions, or politics). other regulatory and limitations
    68. 70. On November 12 and 13, the FDA began taking public comments en route to developing guidelines relating to the use of social media in drug and medical device circumstances: other regulatory and limitations <ul><ul><li>Social media used to create dialogues about </li></ul></ul><ul><ul><li>diseases, treatments, remedies, specific drugs; </li></ul></ul><ul><ul><li>effect on adverse even reporting requirements </li></ul></ul><ul><ul><li>Should drug companies have duty to monitor social </li></ul></ul><ul><ul><li>listen to dialogue; correct misperceptions </li></ul></ul><ul><ul><li>Concern for adequacy of risk/benefit disclosure </li></ul></ul><ul><ul><li>(consider 140 limits on Twitter) </li></ul></ul><ul><ul><li>Top industry (Lilly, J&J, Pfizer), internet (Google) </li></ul></ul><ul><ul><li>and social media (WOMMA) participate </li></ul></ul>
    69. 71. 5 intellectual property
    70. 72. Growth of brand marketing, proliferation of free and available artwork, open and transparent internet and worldwide markets make intellectual property protection extremely difficult intellectual property Copyright protection Trademark protection: use of protected trademarks is a huge issue in social media—how and when to enforce License agreements
    71. 73. 6 personal torts & the 1st amendment
    72. 74. Cyberslander, harassment and defamation are growing in popularity, especially by former employees (&quot;Sticks and Stones can Break your Bones, but Words can Hurt You More”) personal torts & 1st amendment Consumers posting of positive and negative experiences on social networking sites, such as YouTube (&quot;United Breaks Guitars&quot; video—6 million hits; 23,000 comments; 15 related videos—including Taylor Guitar Responds) Discovery of individuals involved in miscreant behavior
    73. 75. Consumer complaint sites; (ripoffreport.com states: &quot;we never remove reports even when they are claimed to contain defamatory statements, and even if the original author requests it”) personal torts & 1st amendment Immunity under the Communications Decency Act 47 U.S.C. § 230 for internet portals Violations of the Consumer Fraud and Abuse Act (18 USC § 1030) Insurance Coverage: some insurance companies are creating new products intended specifically for risks posed by social media and business cybertorts.
    74. 76. questions…
    75. 77. contact us: – [email_address] – [email_address]

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