0
#UTCDIGMKTGSOCIAL MEDIA&THE LAWby an attorney on the run from the law                                            ©2013 jer...
01.      START      WITH A      POLICY      We’ll come back to this...©2013 jeremyfloyd.com
02.      COPYRIGHT      USC TITLE 17©2013 jeremyfloyd.com
“   Copyright is not an absolute.      Potato chips are absolute.      If this is my potato chip, then      its not yours....
RIGHTS   image used via CC license via Flickr fboyd
LINKING      VS.      LIFTING©2013 jeremyfloyd.com
LICENSE©2013 jeremyfloyd.com
FAIR USE•   The purpose and character of the use, including whether such use    is of commercial nature or is for nonprofi...
03.      DEFAMATION©2013 jeremyfloyd.com
ELEMENTS      •       Defendants publication to a third person      •       Defamatory material- if public figure, prove A...
image used via CC license via FLICKR allensimaSLANDER   slander = spoken          f   image used via CC license via Flickr...
image used via CC license on Flickr via jeffeaton                                                    LIBEL
04.      VICARIOUS      LIABILITY      “Employer being held liable for the actions of the employee      carried out in the...
05.      DISCLOSURE      AND TERMS©2013 jeremyfloyd.com
DISCLOSURE      image used via CC license via Flickr AR McLin
SWEEPSTAKES       image used via CC license via Flickr psyberartist
PRIVACY      POLICY &      TERMS OF      SERVICE©2013 jeremyfloyd.com
06.      PRIVACY©2013 jeremyfloyd.com
NOT      PROTECTED      not protected speech - Bland v. Roberts©2013 jeremyfloyd.com
image used via CC license via Flickr pocius
PARTIES TO      LAWSUIT      E-discovery laying it all out there©2013 jeremyfloyd.com
07.      BUSINESS      TORTS©2013 jeremyfloyd.com
TRADE      SECRETS      PhoneDog v. Kravitz©2013 jeremyfloyd.com
TRADESECRETS
TORTIOUS      INTERFERENCE      WITH A BUSINESS      CONTRACT©2013 jeremyfloyd.com
HARASSMENT
08.      LIABILITY FOR      BLOG      COMMENTS     Generally, the owner of the blog is not liable for the comments     pos...
09.      EMPLOYMENT©2013 jeremyfloyd.com
DISCRIMINATION
©2013 jeremyfloyd.com
Employers may not prevent:        • Coworkers from "friending" each other        • Employees speaking negatively about the...
10.      CONTRIBUTE      WITH CARE©2013 jeremyfloyd.com
10.      CONTRIBUTE      WITH CARE©2013 jeremyfloyd.com
10.      CONTRIBUTE      WITH CARE©2013 jeremyfloyd.com
©2013 jeremyfloyd.com
"I FIND IT IRONIC      THAT DETROIT IS      KNOWN AS      THE#MOTORCITY AND      YET NO ONE HERE      KNOWS HOW TO      F*...
01.      START      WITH A      POLICY©2013 jeremyfloyd.com
image used via CC license via Flickr ed_welker                                                 don’t                      ...
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©2013 jeremyfloyd.com                 images used via CC license via Flickr becominggreen / thefangmonster
image used via CC license via Flickr mccaffry                                                LEGAL REVIEW                 ...
©2013 jeremyfloyd.com
Social Computing Guidelines !     !       !       !       !       !       !          !         © 2012 Jeremy P. Floyd     ...
1.Signed employee agreement     2.Clear “who” may speak on behalf of the company.     3. Protect proprietary / confidential...
Upcoming SlideShare
Loading in...5
×

Social Media and the Law 2013: Actions to Policy

533

Published on

This lecture walks through the legal pitfalls of using social media from torts to protection for my digital marketing class http://bit.ly/SP13DIGMKTG. Includes case studies from Phonedog, Pizza Kitchen, Red Cross, Kitchen Aid, and Chrysler.

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
533
On Slideshare
0
From Embeds
0
Number of Embeds
3
Actions
Shares
0
Downloads
7
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Transcript of "Social Media and the Law 2013: Actions to Policy"

  1. 1. #UTCDIGMKTGSOCIAL MEDIA&THE LAWby an attorney on the run from the law ©2013 jeremyfloyd.com
  2. 2. 01. START WITH A POLICY We’ll come back to this...©2013 jeremyfloyd.com
  3. 3. 02. COPYRIGHT USC TITLE 17©2013 jeremyfloyd.com
  4. 4. “ Copyright is not an absolute. Potato chips are absolute. If this is my potato chip, then its not yours. You cant touch it, eat it or use it for any reason whatsoever, not without asking first. Seth Godin©2013 jeremyfloyd.com
  5. 5. RIGHTS image used via CC license via Flickr fboyd
  6. 6. LINKING VS. LIFTING©2013 jeremyfloyd.com
  7. 7. LICENSE©2013 jeremyfloyd.com
  8. 8. 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
  9. 9. 03. DEFAMATION©2013 jeremyfloyd.com
  10. 10. 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) 10©2013 jeremyfloyd.com
  11. 11. image used via CC license via FLICKR allensimaSLANDER slander = spoken f image used via CC license via Flickr allensima
  12. 12. image used via CC license on Flickr via jeffeaton LIBEL
  13. 13. 04. VICARIOUS LIABILITY “Employer being held liable for the actions of the employee carried out in the normal course of employment.”©2013 jeremyfloyd.com
  14. 14. 05. DISCLOSURE AND TERMS©2013 jeremyfloyd.com
  15. 15. DISCLOSURE image used via CC license via Flickr AR McLin
  16. 16. SWEEPSTAKES image used via CC license via Flickr psyberartist
  17. 17. PRIVACY POLICY & TERMS OF SERVICE©2013 jeremyfloyd.com
  18. 18. 06. PRIVACY©2013 jeremyfloyd.com
  19. 19. NOT PROTECTED not protected speech - Bland v. Roberts©2013 jeremyfloyd.com
  20. 20. image used via CC license via Flickr pocius
  21. 21. PARTIES TO LAWSUIT E-discovery laying it all out there©2013 jeremyfloyd.com
  22. 22. 07. BUSINESS TORTS©2013 jeremyfloyd.com
  23. 23. TRADE SECRETS PhoneDog v. Kravitz©2013 jeremyfloyd.com
  24. 24. TRADESECRETS
  25. 25. TORTIOUS INTERFERENCE WITH A BUSINESS CONTRACT©2013 jeremyfloyd.com
  26. 26. HARASSMENT
  27. 27. 08. LIABILITY FOR BLOG COMMENTS Generally, the owner of the blog is not liable for the comments posted on the blog unless the blog owner alters the contents of the comment in some way, which “re-publishes” the material.©2013 jeremyfloyd.com
  28. 28. 09. EMPLOYMENT©2013 jeremyfloyd.com
  29. 29. DISCRIMINATION
  30. 30. ©2013 jeremyfloyd.com
  31. 31. Employers may not prevent: • Coworkers from "friending" each other • Employees speaking negatively about the company (although its not advisable) • Use of trademarks, etc. (in some cases it can be considered fair use and not infringing) • Employees speaking to the press - especially about labor disputes • Employees from using social media on company time©2013 jeremyfloyd.com
  32. 32. 10. CONTRIBUTE WITH CARE©2013 jeremyfloyd.com
  33. 33. 10. CONTRIBUTE WITH CARE©2013 jeremyfloyd.com
  34. 34. 10. CONTRIBUTE WITH CARE©2013 jeremyfloyd.com
  35. 35. ©2013 jeremyfloyd.com
  36. 36. "I FIND IT IRONIC THAT DETROIT IS KNOWN AS THE#MOTORCITY AND YET NO ONE HERE KNOWS HOW TO F***ING DRIVE," on the Chrysler account©2013 jeremyfloyd.com
  37. 37. 01. START WITH A POLICY©2013 jeremyfloyd.com
  38. 38. image used via CC license via Flickr ed_welker don’t START FROM SCRATCH bit.ly/policy-guidelines | bit.ly/policy-guidelines2
  39. 39. TEAM BUILT image used via CC license via Flickr nateone
  40. 40. FOLLOWS INDUSTRY REGULATIONS image used via CC license via Flickr jbtaylor
  41. 41. TRADE SECRETS image used via CC license via Flickr renaissancechambara
  42. 42. GUIDELINE V. POLICY©2013 jeremyfloyd.com images used via CC license via Flickr becominggreen / thefangmonster
  43. 43. image used via CC license via Flickr mccaffry LEGAL REVIEW ©2013 jeremyfloyd.com
  44. 44. ©2013 jeremyfloyd.com
  45. 45. Social Computing Guidelines ! ! ! ! ! ! ! ! © 2012 Jeremy P. Floyd Social Computing Guidelines ! ! ! ! ! ! ! ! © 2012 Jeremy P. Floyd Social Computing Guidelines Social 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 on foster 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 on behalf 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 new technologies and Social Media Defining tools require. Broadly defined social media includes a family of Interactive Communication Technologies (ICT) which Defining 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 Strategy Benefits 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, our By 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 opportunity media.passive listening and collection of relevant informationmore aboutan opportunity for active two-way ___________ sees an opportunity to listen and learn as well as our market, our industry, our customers, 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 Engagement research via social media platforms. ___________ offers a variety of competencies to our market. We can contribute to the ongoing social Engagement 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 contribute media interaction in ways that both benefit the community at large as well as inform our clients and TEMPLATE potential clients about Guidelines we can support and service them. Social Media specific ways Social Media Guidelinesan asset to our whole company if we exercise personal responsibility. A consist Social media can be 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. media platforms. - Write in your own voice and from your own perspective based on your social Be Who You Are 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 position or on___________ ___________ . personality. ___________ -related content 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, 1 October 2012 - jeremyfloyd.com ! ! ! ! ! ! ! Social Computing Guidelines, 1 http://bit.ly/jfloyd-social-guideline©2013 jeremyfloyd.com
  46. 46. 1.Signed employee agreement 2.Clear “who” may speak on behalf of the company. 3. Protect proprietary / confidential information 4. Advise about copyright infringement. 5. Clearly defined “scope” of behavior. 6. Establish editorial process around publication 7. Safeguards against multiple account management. 8. Clear engagement rules for recruiting. ELEMENTS©2013 jeremyfloyd.com
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×