The Concept of Opt-in
Consensual Marketing Model
developing a relationship
accurate data ❏
relevant or targeted content ❏
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
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:
*note: requires accurate data
sample indirect (pull) contact:
customer service (social network) community
company or departmental blog
*note: requires driving/viral strategies
permission to spam?
know your demographics
offer a comfortable pace
perhaps you offer many products or services
make sure the content is relevant to the demographic
let them choose what they want to receive
conditional rules can be set in CRM
What is your responsibility?
Best Practices and The Law
DO NOT MAIL
managed by the DMA
regularly checked either by you or your sevice provider
all mobile marketing is double-opt-in
DO NOT CALL
(including commercial email to a mobile device see FCC 04-194)
who is exempt?
DO NOT FAx
Beyond Permission and the Law
what is your responsibility as an ethical marketer
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.
AMA Statement of Ethics
WOMMA Ethics Code of Cnduct
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.) ❏
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.
US Copyright Office
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
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.”
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
* 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.
Content Providers (what is their responsibility)
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.
The Digital Mellennium Copyright Act
The Communications Decency Act
Email (common sense, responsibility & the law)
2 ruling entities
can spam compliance
what they look for
opt-in or double-opt-in (confirmation) – preferred
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:
potential use in litigation
Social Media 2.0 Best Practices
Privacy & Security Policies (regarding data and content)
“I certify that I have the right to distribute this picture and
Aggregated stats and personally identifiable information
Advertising Tracking and Targeting
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
• 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.
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
Health Insurance Portability and Accountability Act