10 Legal TIps For Social Media in 2012
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10 Legal TIps For Social Media in 2012

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  • \n
  • Most of the legal issues associated with social media may be handled by crafting an effective social media policy. \n
  • http://www.flickr.com/photos/ed_welker/4328746124/\n
  • http://www.flickr.com/photos/nateone/3818683252/\n
  • FTC - clearly communicate when compensation is given in exchange for providing a link.\nFDA - \nSEC\n\nhttp://www.flickr.com/photos/jbtaylor/5565861715/sizes/l/\n
  • Clearly define whose property ownership and what is protected\n\nhttp://www.flickr.com/photos/renaissancechambara/3122900531/\n\n
  • carrot v. stick\ncondoned vs. incidental\nCan you prohibit altogether?\n\nhttp://www.flickr.com/photos/becominggreen/3789315324/\nhttp://www.flickr.com/photos/thefangmonster/5462263650/\n
  • \n\nhttp://www.flickr.com/photos/mccaffry/3946202379/sizes/o/\n
  • \nhttp://www.flickr.com/photos/dionh/7937124590/\n
  • \n
  • \n
  • \n
  • 1. Bundle of sticks\n2. attach at publication\n3. request the removal\n4. cease and desist (sent to host)\n5. Sue for damages\nhttp://www.flickr.com/photos/fboyd/2156630044/sizes/o/\n
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  • http://www.flickr.com/photos/roland/7013163949/sizes/l/\n
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  • http://www.flickr.com/photos/allensima/6033656275/sizes/l/\n
  • http://www.flickr.com/photos/jeffeaton/6632298267/\n
  • Deep pockets - \nCourts construe very broadly\nKitchen Aide\nChrysler\nIn the case of Otomewo v Carphone Warehouse Ltd two members of staff posted a status update on the claimant’s facebook page, without his permission or knowledge. The status update read: “finally came out of the closet. I am gay and proud.” It was posted in the course of employment, the employees’ actions took place during working hours and it involved dealings between staff and a manager – therefore the employer was found vicariously liable for the conduct which amounted to harassment on the grounds of sexual orientation.\n
  • \n
  • FTC regulations, including the recently revised "Guides Concerning the Use of Endorsements and Testimonials in Advertising."\nhttp://www.flickr.com/photos/37486024@N03/5111789783/sizes/l/\n
  • Cannot have LikeGate\nmust fully disclose rules of the sweepstakes\ncannot be a lottery\nhttp://www.flickr.com/photos/psyberartist/7591144662/sizes/l/\n
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  • Sheriffs like the opponents page\n
  • Intrusion into seclusion\nFirst, that the defendant, without authorization, must have intentionally invaded the private affairs of the plaintiff;\nSecond, the invasion must be offensive to a reasonable person;\nThird, the matter that the defendant intruded upon must involve a private matter; and\nFinally, the intrusion must have caused mental anguish or suffering to the plaintiff. SeeRestatement (Second) of Torts - Intrusion Upon Seclusion.\nhttp://www.flickr.com/photos/pocius/5793762464/sizes/l/\n\n
  • Ex Parte Communication\n
  • \n
  • confidentiality as a whole\n
  • valuation at $2.50 / follower $340k\n
  • The existence of a contractual relationship or beneficial business relationship between two parties.\nKnowledge of that relationship by a third party.\nIntent of the third party to induce a party to the relationship to breach the relationship.\nLack of any privilege on the part of the third party to induce such a breach.\nDamage to the party against whom the breach occurs.\n\n
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  • Title VII - race, color, religion, sex, or national origin\n
  • http://www.infolawgroup.com/2012/06/articles/enforcement/nlrb-issues-report-on-employer-social-media-policies/\nBe careful when instructing employees on posting photos, videos, quotes, or other content that may involve third parties. Although third party rights may be an issue, if an employer prohibits this outright, it may be considered overbroad.\n
  • Hootsuite\nKitchen aid | Red Cross | Chrysler\n

10 Legal TIps For Social Media in 2012 10 Legal TIps For Social Media in 2012 Presentation Transcript

  • MKT5000SOCIAL MEDIA&THE LAWby an attorney on the run from the law
  • 01.STARTWITH APOLICY
  • image used via CC license via Flickr ed_welker don’t START FROM SCRATCH bit.ly/policy-guidelines | bit.ly/policy-guidelines2
  • TEAM BUILT image used via CC license via Flickr nateone
  • FOLLOWS INDUSTRY REGULATIONS image used via CC license via Flickr jbtaylor
  • TRADE SECRETS image used via CC license via Flickr renaissancechambara
  • GUIDELINE V. POLICY images used via CC license via Flickr becominggreen / thefangmonster
  • image used via CC license via Flickr mccaffry LEGAL REVIEW
  • Social Computing Guidelines ! ! ! ! ! ! ! ! © 2012 Jeremy P. FloydSocial Computing Guidelines ! ! ! ! ! ! ! ! © 2012 Jeremy P. Floyd Social Computing GuidelinesSocial Computing Guidelines ___________________ recognizes social media as an emerging realm of business interaction. To foster participation that reflects our company values, we offer the following official guidelines as a___________________ recognizes social media social media efforts. Allof business interaction. To resource for _______ staff involved in our as an emerging realm who contribute to social media onfoster participation that reflects our company values, wefollow the following official guidelines as a behalf of ___ are expected to understand and to offer these guidelines.resource for _______ staff involved in our social media efforts. All who contribute to social media onbehalf We acknowledge theto understand and to follow thesemedia and will update our guidelines as new of ___ are expected ongoing developments in social guidelines. technologies and tools require.We acknowledge the ongoing developments in social media and will update our guidelines as newtechnologies and Social Media Defining tools require. Broadly defined social media includes a family of Interactive Communication Technologies (ICT) whichDefining Social Media allow users to interact with each other in some way – by sharing information (personal and public), files,Broadly definedand videos. Social mediafamily of Interactive Communication Technologies (ICT) which images, social media includes a platforms include blogs, wikis, communities or social networks,allow users to interact with each other in websites, socialsharing information (personalmessaging. files, message boards, content sharing some way – by bookmarking sites, and text and public),images, and videos. Social media platforms include blogs, wikis, communities or social networks,message boards,of Social Media Participationbookmarking sites, and text messaging. Benefits content sharing websites, social and StrategyBenefits of Social recognizes that social mediaStrategyan opportunity for listening and engaging. ___________ Media Participation and provides Listening___________ recognizes that social media provides an opportunity for listening and engaging.Listening its nature, social media facilities an ongoing conversation, a continuos exchange of information and By media. ___________ sees an opportunity to listen and learn more about our market, our industry, ourBy its nature, social mediaas our brand ongoing conversation, a continuos exchange of information and for customers, as well facilities an perception in the market. We acknowledge there is an opportunitymedia.passive listening andan opportunity to listeninformationmore aboutan opportunity for active two-way ___________ sees collection of relevant and learn as well as our market, our industry, ourcustomers, as well as our media perception in the market. We acknowledge there is an opportunity for research via social brand platforms.passive listening and collection of relevant information as well as an opportunity for active two-way Engagementresearch via social media platforms. ___________ offers a variety of competencies to our market. We can contribute to the ongoing socialEngagement media interaction in ways that both benefit the community at large as well as inform our clients and___________ offers a varietyspecific ways we can support and service them. to the ongoing social potential clients about of competencies to our market. We can contributemedia interaction in ways that both benefit the community at large as well as inform our clients andpotential clients about Guidelines we can support and service them. Social Media specific ways TEMPLATESocial Media Guidelines asset to our whole company if we exercise personal responsibility. A consist Social media can be an approach to the way we all engage in social media helps build trust between us and clients, suppliers,Social and the general public who also engage in social media. With this goal of building trust consist we’ve media can be an asset to our whole company if we exercise personal responsibility. A in mind,approach to the way we all engage in social media helps build trust between us without hindering open and developed guidelines that should encourage responsible communication and clients, suppliers,and the general public who also use the following media. With this goal of building trust in mind, we’ve free participation. Please engage in social guidelines to direct your engagement in all ___________developed guidelines that should encourage responsible communication without hindering open and related engagement with social media platforms.free participation. Please use the following guidelines to direct your engagement in all ___________ 1. Take with social media platforms.related engagementResponsibility - You are personally responsible for your activity and content in various social media platforms. 1. Take Responsibility - You are personally responsible for your activity and content in various 2. Be Who You Are social media platforms. - Write in your own voice and from your own perspective based on your position, expertise and personality. Identify your name and position with ___________ 2. Be Who You Areyou discuss ___________and from or engageperspective based on yourof whenever - Write in your own voice matters your own in social media on behalf position, expertise andDon’t publishIdentify your name and content or on___________ ___________ . personality. ___________ -related position with behalf of ___________ whenever you discuss ___________ matters or engage in social media on behalf of anonymously or under a pseudonym. (See “Be Honest”) ___________ . Don’t publish ___________ -related content or on behalf of ___________ anonymously or under a pseudonym. (See “Be Honest”) October 2012 - jeremyfloyd.com ! ! ! ! ! ! ! Social Computing Guidelines, 1October 2012 - jeremyfloyd.com ! ! ! ! ! ! ! Social Computing Guidelines, 1 http://bit.ly/jfloyd-social-guideline
  • 02.COPYRIGHTUSC TITLE 17
  • “Copyright is not an absolute.Potato chips are absolute.If this is my potato chip,then its not yours. Youcant touch it, eat it or useit for any reason whatsoever,not without asking first.Seth Godin
  • RIGHTS image used via CC license via Flickr fboyd
  • LINKINGVS.LIFTING
  • LICENSE
  • FAIR USE• The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes• The nature of the copyrighted work• The amount and substantiality of the portion used in relation to the copyrighted work as a whole• The effect of the use upon the potential market for, or value of, the copyrighted work image used via CC license via Flickr roland
  • 03.DEFAMATION
  • ELEMENTS• Defendants publication to a third person• Defamatory material- if public figure, prove ACTUAL MALICE• Of and concerning plaintiff• Statement was false• Some fault on the part of the publisher• Damages (the intensity / aggravation of these factors affects potential damages) 18
  • image used via CC license via FLICKR allensimaSLANDER slander = spoken f image used via CC license via Flickr allensima
  • image used via CC license on Flickr via jeffeaton LIBEL
  • 04.VICARIOUSLIABILITY“Employer being held liable for the actions of the employeecarried out in the normal course of employment.”
  • 05.DISCLOSUREAND TERMS
  • DISCLOSURE image used via CC license via Flickr AR McLin
  • SWEEPSTAKES image used via CC license via Flickr psyberartist
  • PRIVACYPOLICY &TERMS OFSERVICE
  • 06.PRIVACY
  • NOTPROTECTEDnot protected speech - Bland v. Roberts
  • image used via CC license via Flickr pocius
  • PARTIES TOLAWSUITE-discovery laying it all out there
  • 07.BUSINESSTORTS
  • TRADESECRETSPhoneDog v. Kravitz
  • TRADESECRETS
  • TORTIOUSINTERFERENCEWITH A BUSINESSCONTRACT
  • HARASSMENT
  • 08.LIABILITY FORBLOGCOMMENTSGenerally, the owner of the blog is not liable for the commentsposted on the blog unless the blog owner alters the contents ofthe comment in some way, which “re-publishes” the material.
  • 09.EMPLOYMENT
  • DISCRIMINATION
  • NLRB
  • 10.CONTRIBUTEWITH CARE