Consensual Marketing Responsibility Ethics

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desktopmedia Strategy: Task 1 Consensual Marketing, Responsibility and Ethics

desktopmedia General Discussion: grow revenue retain customers reduce costs what’s facing your business?

desktopmedia Moderated Exercise: Can you... Communicate your company’s mission statement? Describe the organization’s marketing goals? List Current Marketing Technologies in use? List Competitor’s Technology in use? Describe your company’s data collection? Diagram the current structure of marketing? the brand gap exercise related works: “The Brand Gap,” by Marty Neumeier, ©2003

desktopmedia The Concept of Opt-in Consensual Marketing Model developing a relationship Components include: permission❏ preferred channel❏ frequency ❏ accurate data ❏ relevant or targeted content ❏ related works: Seth Godin Ernan Roman 1to1media.com

desktopmedia Permission or may I speak with you about our product or services? According to wikipedia, permission-based marketing is a term used in e-marketing. Marketers will ask permission before they send advertisements to prospective customers. It is used by some Internet marketers, email marketers, and telephone marketers. It requires that people first “opt-in”, rather than allowing people to “opt-out” only after the advertisements have been sent. The term was coined by Seth Godin in his book of the same name. Marketers feel that this is a more efficient use of their resources because advertisements are not sent to people that are not interested in the product. This is one technique used by marketers that have a personal marketing orientation. They feel that marketing should be done on a one- to-one basis rather than using broad aggregated concepts like market segment or target market. fastest growing stat? opt-out

desktopmedia Preferred Channel this should be within data collection, if not, begin asking @ the point of data acquisition (like a website form)❏ point of purchase ❏ or at your annual customer service checkup❏ thru online self-managed profiles❏ or a specific data directed campaign❏ sample direct (push) contact: email direct mail sms *note: requires accurate data sample indirect (pull) contact: website rss strategy customer service (social network) community company or departmental blog twitter *note: requires driving/viral strategies

desktopmedia Frequency permission to spam? controlled choices know your demographics offer a comfortable pace follow thru Targeted perhaps you offer many products or services make sure the content is relevant to the demographic and/or let them choose what they want to receive conditional rules can be set in CRM

desktopmedia What is your responsibility? Best Practices and The Law •self-regulation DO NOT MAIL managed by the DMA regularly checked either by you or your sevice provider MOBILE MARkETING all mobile marketing is double-opt-in •federal/state regulation DO NOT CALL LAN/Mobile Federal List current stats State Lists CAN-SPAM the basics (including commercial email to a mobile device see FCC 04-194) who is exempt? DO NOT FAx state regulated

desktopmedia Beyond Permission and the Law what is your responsibility as an ethical marketer Ethics according to dictionary.com 1. (used with a singular or plural verb) a system of moral principles: the ethics of a culture. preferred when applied to a discipline 2. the rules of conduct recognized in respect to a particular class of human actions or a particular group, culture, etc. related resources AMA Statement of Ethics WOMMA Ethics Code of Cnduct

desktopmedia Marketing, including New Media Intellectual Property (from the viewpoint of the digital native) ❏ Copyright (from the viewpoint of the law) ❏ Fair Use (from the viewpoint of education) ❏ Creative Commons (the opensource community) ❏ Content Providers (what is their responsibility) ❏ Email (common sense, responsibility & the law) ❏ Social networks (who owns what) ❏ Privacy & Security Policies (regarding data and content) ❏ Journalism, Blogging, & the Editorial Process (is it all that different?) ❏ Industry specific considerations (HIPAA, 508 compliance, etc.) ❏

desktopmedia Ownership (from the viewpoint of the digital native) according to Wikinomics, the native feels entitled to their tools as much a part of their lives as breathing -- if they want to take their iPhone apart and put it back together again, so be it. according to pew internet they distribute content (images, journal entries, blogs, videos, etc.) freely and without restriction shape corporate policy to mentor them and protect intellectual property and communicate “norms” of expected behavior related resources “wikinomics” by Don Tapscott and Anthony D. Williams, ©2006 ama’s code of ethics womma ethics code of conduct

desktopmedia Copyright (from the viewpoint of the law) What Is Copyright? Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. Who Can Claim Copyright? Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright. In the case of works made for hire, the employer and not the employee is considered to be the author. related resources US Copyright Office

desktopmedia Fair Use (from the viewpoint of education) According to Wikipedia: Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. Copyright Act of 1976, 17 U.S.C. § 107, reprinted here: “Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”

desktopmedia Creative Commons Licensing There are 4 major permissions that are contained in Creative Commons licenses: * Attribution (by) requires users to attribute a work’s original author. All Creative Commons licenses contain this option, but some now-deprecated licenses did not contain this component. * Authors can either not restrict modification, or use Share-alike (sa), which is a copyleft requirement that requires that any derived works be licensed under the same license, or No derivatives (nd), which requires that the work not be modified. * Non-commercial (nc) requires that the work not be used for commercial purposes. As of the current versions, all Creative Commons licenses allow the “core right” to redistribute a work for non-commercial purposes without modification. The Non-commercial and No derivatives options will make a work non-free. related works: creativecommons.org see opensource.org

desktopmedia Content Providers (what is their responsibility) Moderated Exercise: define content provider navigate to examples 3 forms of unlawful content: copyright infringement, defamation, and privacy violation US government does not advocate regulating Internet content itself, only for the sake of preventing fraud do they consider government intervention appropriate. This does not necessarily apply to other countries. related resources The Digital Mellennium Copyright Act The Communications Decency Act

desktopmedia Email (common sense, responsibility & the law) 2 ruling entities 1) Federal can spam compliance 2) ISP’s what they look for opt-out (compliant) opt-in or double-opt-in (confirmation) – preferred related resources FTC.gov

desktopmedia Social networks (who owns what) net neutrality, free speech, jurisdiction the site itself is not liable do you own it? did you post it? the posted Facebook policy areas of consideration: privacy identity theft potential use in litigation defamation intellectual property cyber bullying related resurces: Facebook Principles Social Media 2.0 Best Practices

desktopmedia Privacy & Security Policies (regarding data and content) “I certify that I have the right to distribute this picture and that it does not violate the Terms of Use.” Privacy, Terms of Use Website declarations Visitor Policy Aggregated stats and personally identifiable information Children’s Privacy Advertising Tracking and Targeting Warranties External links Industry/state law Cookies Liability Use

desktopmedia Journalism, Blogging, & the Editorial Process (is it all that different?) is there a different set of rules? depends on why you’re blogging • subject matter expertise • pr • news source when in doubt, follow responsible journalism best practices including attribution, credible sources and avoidance of plagerism blogging code of ethics: We like Charlene Li’s blogger code of ethics Sample Corporate Blogging policy 1. Make it clear that the views expressed in the blog are yours alone and do not necessarily represent the views of your employer. 2. Respect the company’s confidentiality and proprietary information. 3. Ask your manager if you have any questions about what is appropriate to include in your blog. 4. Be respectful to the company, employees, customers, partners, and competitors. 5. Understand when the company asks that topics not be discussed for confidentiality or legal compliance reasons. 6. Ensure that your blogging activity does not interfere with your work commitments.

desktopmedia Industry specific considerations (HIPAA, 508 compliance, etc.) healthcare, hipaa and disclosure summary: healthcare entities can not post but patients who choose to reveal personal information or health issues can. see Facebook & Google summary of 508 In 1998, Congress amended the Rehabilitation Act to require Federal agencies to make their electronic and information technology accessible to people with disabilities. Inaccessible technology interferes with an individual’s ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. related resources Health Insurance Portability and Accountability Act Section 508

Consensual Marketing Responsibility Ethics

by Cate Indiano on Sep 27, 2009

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