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Slide deck from presentation to Masters of Business Online Conference in October 2009

Slide deck from presentation to Masters of Business Online Conference in October 2009

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Transcript

  • 1.  
  • 2. The Legal Landscape Of Corporate Blogging
  • 3. Issues For Employers
      • Copyright and Trademark Infringement
      • Defamation Claims
      • Privacy Laws
      • Section 230 Protections
  • 4. Copyright Infringement
    • Understand Fair Use (17 U.S.C. §107)
      • Permitted Purposes = criticism, comment, news reporting, teaching, scholarship, research
      • Also, look at amount of original work copied, creative nature of original work copied, substitutive effect of copying work
  • 5. Defamation
    • A false statement of fact that is harmful to someone’s reputation
      • A publication to someone other than one defamed
      • A false statement of fact
      • That is understood as (a) being of and concerned with plaintiff and (b) ending to harm the reputation of plaintiff
  • 6. Data Privacy
    • US and EU privacy laws
    • Regulated Types of Information in US
      • Medical Information (e.g., HIPAA)
      • Financial Information (e.g., GLB)
      • Children’s Information (e.g., COPPA)
    • Confidentiality Agreements
  • 7. Section 230 Protections
    • 47 USC §230 (part of Communications Decency Act)
      • Protects blog owners from claims arising from entries by guest bloggers and comments
      • There is an issue of whether §230 provides protection for information republished from other blogs or articles
      • Key: Are you a “publisher”?
  • 8. New FTC Guidelines
    • “ Final Guide Concerning the Use of Endorsement and Testimonial in Advertising” (16 C.F.R. Part 255)
    • Bloggers are required to disclose a material connection they share with the seller of a product or service which the blogger endorses
    • http://www.ftc.gov/opa/2009/10/endortest.shtm
  • 9. Employer Protection
    • Terms of Use
      • Does not provide defense for all claims – e.g., “Information on blog is merely opinion of authors…” vs. defamation claim arising from blog post
    • Privacy Policy
    • Policy on Blogging and Social Media
      • Good training is best practice
      • Policy may protect you against liability from employee
  • 10. blog.alerdingcastor.com
  • 11.