Avoiding the Legal Pitfalls
of Using Blogs for Inbound Marketing
Kenan Farrell, CEO
KLF Legal
@KLFLegal
LinkedIn.com/in/ke...
Agenda
• About Kuno Creative
Chad H. Pollitt
Director of Social Media &
Search Marketing
Kuno Creative
@CPollittIU
LinkedI...
Agenda
• About Kuno Creative
• Introduction – Kenan Farrell
Chad H. Pollitt
Director of Social Media &
Search Marketing
Ku...
Agenda
• About Kuno Creative
• Introduction – Kenan Farrell
• Avoiding the Legal Pitfalls of Using
Blogs for Inbound Marke...
Agenda
• About Kuno Creative
• Introduction – Kenan Farrell
• Avoiding the Legal Pitfalls of Using
Blogs for Inbound Marke...
Agenda
• About Kuno Creative
• Introduction – Kenan Farrell
• Avoiding the Legal Pitfalls of Using
Blogs for Inbound Marke...
Agenda
• About Kuno Creative
• Introduction – Kenan Farrell
• Avoiding the Legal Pitfalls of Using
Blogs for Inbound Marke...
About Kuno Creative
Kuno Creative helps small to medium sized businesses find
and capture leads through Inbound Marketing....
About Kuno Creative
Inbound Marketing Services
• Creating Great Content
• SEO
• Social Media
• Monitoring
• Engagement
• M...
Twitter: #KunoLaw
Introduction
Kenan Farrell
CEO
KLF Legal
@KLFLegal
LinkedIn.com/in/kenanfarrell
Kenan Farrell, Attorney
...
Introduction
Kenan Farrell, Attorney
•CEO, KLF Legal, Indianapolis, IN
– Intellectual Property, Entertainment
– www.KLFLeg...
Introduction
Kenan Farrell, Attorney
•CEO, KLF Legal, Indianapolis, IN
– Intellectual Property, Entertainment
– www.KLFLeg...
Twitter: #KunoLaw(c) Kenan L. Farrell 2010
(c) Kenan L. Farrell 2010
Today’s AGENDA
• Intellectual Property
(Copyright, Trademark)
• Corporate Blogging
• Criminal La...
(c) Kenan L. Farrell 2010
Dear KLF Legal,
• What obligation do I have to give
attribution to an original source?
• To what...
(c) Kenan L. Farrell 2010
Laws vary state-by-state.
You publish to all states.
You may be subject to 50 different laws.
Tw...
(c) Kenan L. Farrell 2010
Social Media Policy
http://socialmediagovernance.com/policies.php
Twitter: #KunoLaw
(c) Kenan L. Farrell 2010
Corporate Blogging
• Disclosure of non-public information
through the use of blogs can expose
a ...
Comment Policy
Post a comment policy to inform readers:
1.what you will allow on your blog
2.what you will not allow, and
...
(c) Kenan L. Farrell 2010
Comments
You have a First
Amendment right to
publish your blog in the
way that you want, which
i...
(c) Kenan L. Farrell 2010
Copyright 101
 Copyright are exclusive rights granted to the
creator of an original work
 Bund...
(c) Kenan L. Farrell 2010
Internet – no barriers to copying
Twitter: #KunoLaw
(c) Kenan L. Farrell 2010
The Internet Is Built on Copying
Twitter: #KunoLaw
(c) Kenan L. Farrell 2010
It’s Technically Infringement,
but it may be a “Fair Use”
Fair Use factors:
• the purpose and ch...
(c) Kenan L. Farrell 2010
The law favors “transformative” use.
“transformative” - the original use,
purpose, or intent of ...
All images and text in the
presentation are used for
purposes such as:
•criticism
•comment
•news reporting
•teaching
•scho...
(c) Kenan L. Farrell 2010
How to avoid copyright
infringement
CREATE 100% ORIGINAL CONTENT
USE CONTENT LICENSED FOR REUSE*...
(c) Kenan L. Farrell 2010 Twitter: #KunoLaw
(c) Kenan L. Farrell 2010
Copyright Troll
Twitter: #KunoLaw
(c) Kenan L. Farrell 2010
• Last week Righthaven filed its 167th copyright
infringement suit in federal court
• Righthaven...
DMCA Takedowns
Google Wins Viacom
Copyright Lawsuit – 6/23/10
• YouTube’s “mere knowledge” of
infringing activity “is not ...
DMCA
Takedown
Notice
(c) Kenan L. Farrell 2010 Twitter: #KunoLaw
(c) Kenan L. Farrell 2010
S. 3804: Combating Online Infringement
and Counterfeits Act (COICA)
Twitter: #KunoLaw
(c) Kenan L. Farrell 2010 Twitter: #KunoLaw
(c) Kenan L. Farrell 2010
Trademark 101
• A trademark is a 1) distinctive sign or
indicator 2) used to identify products o...
(c) Kenan L. Farrell 2010
Pepsi®, McDonalds®, Apple®
or
Trademark 101
Twitter: #KunoLaw
Trademark Checklist
Get your domain name(s), Facebook username,
Twitter account, etc.
At bare minimum, do a Google searc...
(c) Kenan L. Farrell 2010
Nominative Fair Use
You are permitted to use somebody else’s trademark if using the
trademark is...
(c) Kenan L. Farrell 2010
Criminal Law
Twitter: #KunoLaw
(c) Kenan L. Farrell 2010 Twitter: #KunoLaw
(c) Kenan L. Farrell 2010 Twitter: #KunoLaw
(c) Kenan L. Farrell 2010 Twitter: #KunoLaw
(c) Kenan L. Farrell 2010 Twitter: #KunoLaw
(c) Kenan L. Farrell 2010
tinyurl.com/reallydumbfacebookposts
Twitter: #KunoLaw
(c) Kenan L. Farrell 2010
DEFAMATION
• Defamation is the
issuance of a false
statement about
another person,
which causes ...
(c) Kenan L. Farrell 2010
DEFAMATION
Twitter: #KunoLaw
• Anyone who repeats
someone else’s
statements is just as
responsib...
(c) Kenan L. Farrell 2010
• Private individual only has to prove you acted
negligently, which is to say that a “reasonable...
No provider or user of an interactive computer
service shall be treated as the publisher or
speaker of any information pro...
User Comments
If the bubble touches me, you’re
going to be arrested for assault
(c) Kenan L. Farrell 2010 Twitter: #KunoLaw
French Court Convicts Google of Defamation After
Linking Convicted Rapist With Rape – Sept. 27, 2010
(c) Kenan L. Farrell ...
(c) Kenan L. Farrell 2010
PRIVACY
Publication of private
information (Indiana):
• A public disclosure of private
informati...
(c) Kenan L. Farrell 2010
“Newsworthy”
Private information is
newsworthy if some reasonable
members of the community
could...
“Newsworthy”
• Newsworthiness is not
limited to reports of
current events, but
extends to articles for
the purposes of
edu...
(c) Kenan L. Farrell 2010
Wikileaks
Twitter: #KunoLaw
Right of Publicity
• Individual's right to
control and profit from
the commercial use of
his/her name, likeness
and person...
(c) Kenan L. Farrell 2010
Net Neutrality
Really really really F’d.
The First Amendment
issue of our time.
Neutrality - No ...
(c) Kenan L. Farrell 2010
Professional
Bloggers
• How should you structure
your business?
• Two key features to consider
i...
(c) Kenan L. Farrell 2010
Contact:
/KLFLegal
Facebook.com
Twitter.com
LinkedIn.com/in/kenanfarrell
Twitter: #KunoLaw
}
www...
#KunoLaw
Attorneys & Law Firms
Are using social media for…
•Personal & Professional Networking
•Blogging (Personal & Firm)...
• Facts & Fiction
• Social Media & the Law
• New Media Marketing
• Lead Generation
• Personal / Firm Brand
• Rules of Enga...
Special offer: $50 off (reg. $249)
http://NewLegalNetworking.com
Discount Code: “KunoLaw”
Special Offer for Attorneys & Fi...
Questions & Answers
Twitter: #KunoLaw
Slides Posted at: SlideShare.net/KunoCreative
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Social Media, Blogging & the Law - An Inbound Marketer's Guide

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Blogs are an indisputably valuable inbound marketing tool. However, while posting content for search engines and customers will generate additional sales, it can also increase the risk that you’ll be exposed to copyright trolls, defamation lawsuits and public relations gaffes. This webinar will provide an overview of the key legal issues that marketing professionals should consider when utilizing blogs as part of an inbound marketing campaign.

Reviewed in the Webinar:

Who is Using Social Media and Why
How are Lawyers Using Social Media
Business and Corporate Blogging
Intellectual Property Issues (Copyright, Trademark)
DMCA Takedown Notices
Criminal Law
Defamation (Truth as Defense, Public v. Private Figures)
Privacy (Publication of Private Information, “Newsworthy”)
Net Neutrality
Business Entity Formation Tips for Professional Bloggers

This webinar has been brought to you in partnership by Columbia Financial International, Inc., who has been providing legal solutions for over 105 years, Kenan Farrell of KLF Legal, an Intellectual Property and Entertainment law practice, and Kuno Creative Group, LLC., a leading Social Media and Inbound Marketing Agency.

http://www.kunocreative.com

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  • Kuno Creative has been marketing company since the year 2000, We’ve always been involved with traditional marketing services such as Brand and PR and Marketing Strategy. We’ve used outbound techniques for our clients including media such as print, outdoor, direct mail and just about any other method that would help us ultimately market our clients to get good results.
  • But over the past few years we noticed that many of these methods kept requiring more and more effort to get a similar response. There are so many channels you can try to use to reach each demographic, but the problem is, people have just gotten better at blocking out unwanted Ads and marketing messages. That is the leading reason, that since the beginning of 2009 we’ve focused on Inbound Marketing methods that bring your audience to you because that’s what people want, rather then being inundated with advertising.
    Developing these methods includes Getting Found Online by Creating Content that is optimized for the search engines and shared within social media. To Build your brand you have to join the conversations that are occurring in social media and win the trust and respect from your target audience. After doing this, that audience is much more likely to want to buy from you. And many of these interactions will happen online.
    In these two case studies, we’ve integrated a combination of Outbound and Inbound techniques.
  • Can’t get upset about someone breaking a policy if there’s policy in place
    Employers need to be upfront with employees that they have no right to privacy with respect to social networking
    Employees should be made aware that company policies on anti-harassment, ethics and company loyalty extend to all forms of communication (including social media) both inside and outside the workplace.
  • Once you’ve opened up your blog for feedback, expect a wide range of comments - constructive, complimentary, hateful, and lots of spam.
    Have a policy in place to determine how comments should be responded to, deleted or passed along for follow-up.
    Certain laws provide protection from liability for user content, but you don’t want to get caught in the middle of litigation.
  • So isn’t this presentation a derivative work?
    Fair use – technically copyright infringement, but an exception
    Hopefully a little bit of each of these will occur today
  • Sharon angle’s campaign
    Infringing content in blog posts
    Righthaven promises in a 26-page motion that it won’t file any more lawsuits unless the defendant has copied at least 75 percent of the text of an article that Righthaven owns the copyright to.
  • Many of its lawsuits arise, not from articles posted by a website or blog owner, but from comments and forum posts by the site’s readers.
    Under the DMCA, a website enjoys effective immunity from civil copyright liability for user content, provided they, promptly remove infringing material at the request of a rightsholder.
    Paramount and mtv
  • What many don’t realize is that to claim immunity, you must register a DMCA Takedown Agent
    If you run a U.S. blog or a community site that accepts user content, register a DMCA agent and sending $105 and the form.
  • DMCA not enough
  • In addition to music and film sites, Dropbox, Rapidshare – one-click hosting sites
    Mp3 blogs – usually hold up under fair use, but DOJ could act differently
    Sites that discuss p2p
    Wikileaks? Govt information
    allow the Attorney General to censor sites even when no court has found they have infringed copyright or any other law.
  • (2) Interactive computer serviceThe term “interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
    (3) Information content providerThe term “information content provider” means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.
  • ordered by the court to provide users’ IP address and other information
  • French computer user name to the word “rapist” in web searches. The man was convicted of the “corruption of a minor” and sentenced to three years in jail earlier this year. However, he is considered innocent under French law until all of his appeals have been exhausted.
    Is it Google's responsibility to keep your cleared name from being paired with crimes you didn't commit?
    Requiring Google to control information is another way to say you give Google control of information.
    Another point --- World-wide web
    Is it Google's responsibility to keep your cleared name from being paired with crimes you didn't commit?
  • Citizen Kane – September 5, 1941
  • Use similar technology as copyright trolls to scour internet for violations
  • Social Media, Blogging & the Law - An Inbound Marketer's Guide

    1. 1. Avoiding the Legal Pitfalls of Using Blogs for Inbound Marketing Kenan Farrell, CEO KLF Legal @KLFLegal LinkedIn.com/in/kenanfarrell Presented By: In Partnership with: Columbia Financial International, Inc.
    2. 2. Agenda • About Kuno Creative Chad H. Pollitt Director of Social Media & Search Marketing Kuno Creative @CPollittIU LinkedIn.com/in/seofortwayne Twitter: #KunoLaw
    3. 3. Agenda • About Kuno Creative • Introduction – Kenan Farrell Chad H. Pollitt Director of Social Media & Search Marketing Kuno Creative @CPollittIU LinkedIn.com/in/seofortwayne Twitter: #KunoLaw
    4. 4. Agenda • About Kuno Creative • Introduction – Kenan Farrell • Avoiding the Legal Pitfalls of Using Blogs for Inbound Marketing Chad H. Pollitt Director of Social Media & Search Marketing Kuno Creative @CPollittIU LinkedIn.com/in/seofortwayne Twitter: #KunoLaw
    5. 5. Agenda • About Kuno Creative • Introduction – Kenan Farrell • Avoiding the Legal Pitfalls of Using Blogs for Inbound Marketing • How Lawyers are Using Social Media Chad H. Pollitt Director of Social Media & Search Marketing Kuno Creative @CPollittIU LinkedIn.com/in/seofortwayne Twitter: #KunoLaw
    6. 6. Agenda • About Kuno Creative • Introduction – Kenan Farrell • Avoiding the Legal Pitfalls of Using Blogs for Inbound Marketing • How Lawyers are Using Social Media • The New Legal Networking Guide Chad H. Pollitt Director of Social Media & Search Marketing Kuno Creative @CPollittIU LinkedIn.com/in/seofortwayne Twitter: #KunoLaw
    7. 7. Agenda • About Kuno Creative • Introduction – Kenan Farrell • Avoiding the Legal Pitfalls of Using Blogs for Inbound Marketing • How Lawyers are Using Social Media • The New Legal Networking Guide • Questions & Answers Chad H. Pollitt Director of Social Media & Search Marketing Kuno Creative @CPollittIU LinkedIn.com/in/seofortwayne Twitter: #KunoLaw
    8. 8. About Kuno Creative Kuno Creative helps small to medium sized businesses find and capture leads through Inbound Marketing. Twitter: #KunoLaw
    9. 9. About Kuno Creative Inbound Marketing Services • Creating Great Content • SEO • Social Media • Monitoring • Engagement • Marketing • PPC, SEM • Email Marketing • Lead Nurturing • HubSpot Certified Partner Twitter: #KunoLaw
    10. 10. Twitter: #KunoLaw Introduction Kenan Farrell CEO KLF Legal @KLFLegal LinkedIn.com/in/kenanfarrell Kenan Farrell, Attorney •CEO, KLF Legal, Indianapolis, IN – Intellectual Property, Entertainment – www.KLFLegal.com
    11. 11. Introduction Kenan Farrell, Attorney •CEO, KLF Legal, Indianapolis, IN – Intellectual Property, Entertainment – www.KLFLegal.com Chairman of the Indianapolis Bar Association’s Sports and Entertainment Committee Twitter: #KunoLaw Kenan Farrell CEO KLF Legal @KLFLegal LinkedIn.com/in/kenanfarrell
    12. 12. Introduction Kenan Farrell, Attorney •CEO, KLF Legal, Indianapolis, IN – Intellectual Property, Entertainment – www.KLFLegal.com Chairman of the Indianapolis Bar Association’s Sports and Entertainment Committee Past Chair of the Solo and Small Firm Committee Twitter: #KunoLaw Kenan Farrell CEO KLF Legal @KLFLegal LinkedIn.com/in/kenanfarrell
    13. 13. Twitter: #KunoLaw(c) Kenan L. Farrell 2010
    14. 14. (c) Kenan L. Farrell 2010 Today’s AGENDA • Intellectual Property (Copyright, Trademark) • Corporate Blogging • Criminal Law • Defamation (Truth as Defense, Public v. Private Figures) • Privacy (Publication of Private Information, “Newsworthy”) • Net Neutrality • Wikileaks • Business Entity Formation for Professional Bloggers Twitter: #KunoLaw
    15. 15. (c) Kenan L. Farrell 2010 Dear KLF Legal, • What obligation do I have to give attribution to an original source? • To what extent can I use the content of a news story? • Do I have any obligation to not delete comments from my wall/comment board? Twitter: #KunoLaw
    16. 16. (c) Kenan L. Farrell 2010 Laws vary state-by-state. You publish to all states. You may be subject to 50 different laws. Twitter: #KunoLaw
    17. 17. (c) Kenan L. Farrell 2010 Social Media Policy http://socialmediagovernance.com/policies.php Twitter: #KunoLaw
    18. 18. (c) Kenan L. Farrell 2010 Corporate Blogging • Disclosure of non-public information through the use of blogs can expose a company to liability for violating securities regulations on selective disclosure.  • Information NOT allowed in blog postings: – buying and selling stock – product launches – regulatory proceedings or investigations – results of product trials • If a disclosure does occur, the company needs to immediately evaluate the extent of the disclosure and determine if some form of follow up is required.  Twitter: #KunoLaw
    19. 19. Comment Policy Post a comment policy to inform readers: 1.what you will allow on your blog 2.what you will not allow, and 3.what they are allowed to do. (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    20. 20. (c) Kenan L. Farrell 2010 Comments You have a First Amendment right to publish your blog in the way that you want, which includes the right to choose who may participate in discussions on your blog.  You’re able to delete comments that are offensive or off-topic.  Respect the voice of others. Twitter: #KunoLaw
    21. 21. (c) Kenan L. Farrell 2010 Copyright 101  Copyright are exclusive rights granted to the creator of an original work  Bundle of Rights 1) reproduction of the work 2) preparation of derivative works 3) distribution of copies of the work 4) public performances of the work 5) public display of the work. Twitter: #KunoLaw
    22. 22. (c) Kenan L. Farrell 2010 Internet – no barriers to copying Twitter: #KunoLaw
    23. 23. (c) Kenan L. Farrell 2010 The Internet Is Built on Copying Twitter: #KunoLaw
    24. 24. (c) Kenan L. Farrell 2010 It’s Technically Infringement, but it may be a “Fair Use” Fair Use factors: • the purpose and character of the use, including whether such use is of a 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; and • the effect of the use upon the potential market for or value of the copyrighted work. Twitter: #KunoLaw
    25. 25. (c) Kenan L. Farrell 2010 The law favors “transformative” use. “transformative” - the original use, purpose, or intent of the material has been changed significantly into something substantially different in both appearance and objective Twitter: #KunoLaw
    26. 26. All images and text in the presentation are used for purposes such as: •criticism •comment •news reporting •teaching •scholarship •research Fair Use Twitter: #KunoLaw(c) Kenan L. Farrell 2010
    27. 27. (c) Kenan L. Farrell 2010 How to avoid copyright infringement CREATE 100% ORIGINAL CONTENT USE CONTENT LICENSED FOR REUSE* GIVE CREDIT WHERE CREDIT IS DUE! Twitter: #KunoLaw
    28. 28. (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    29. 29. (c) Kenan L. Farrell 2010 Copyright Troll Twitter: #KunoLaw
    30. 30. (c) Kenan L. Farrell 2010 • Last week Righthaven filed its 167th copyright infringement suit in federal court • Righthaven seeks $150,000 in damages and forfeiture of the defendants' website domain name • Cases generally settling for less than $5,000 Twitter: #KunoLaw
    31. 31. DMCA Takedowns Google Wins Viacom Copyright Lawsuit – 6/23/10 • YouTube’s “mere knowledge” of infringing activity “is not enough.” • YouTube had no way of knowing whether a video was licensed by the owner, was a “fair use” of the material “or even whether its copyright owner or licensee objects to its posting. • DMCA Sec. 512 - limiting the liability of online services from copyright infringement of their users (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    32. 32. DMCA Takedown Notice (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    33. 33. (c) Kenan L. Farrell 2010 S. 3804: Combating Online Infringement and Counterfeits Act (COICA) Twitter: #KunoLaw
    34. 34. (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    35. 35. (c) Kenan L. Farrell 2010 Trademark 101 • A trademark is a 1) distinctive sign or indicator 2) used to identify products or services as originating from a unique source, and 3) to distinguish its products or services from those of other entities. Reduces consumer confusion Reduces unfair competition Twitter: #KunoLaw
    36. 36. (c) Kenan L. Farrell 2010 Pepsi®, McDonalds®, Apple® or Trademark 101 Twitter: #KunoLaw
    37. 37. Trademark Checklist Get your domain name(s), Facebook username, Twitter account, etc. At bare minimum, do a Google search for similar marks When budget permits, seek federal registration Always use a proper trademark notice (™ for common law rights, ® if you’ve obtained registration) (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    38. 38. (c) Kenan L. Farrell 2010 Nominative Fair Use You are permitted to use somebody else’s trademark if using the trademark is necessary to identify the products, services, or company you’re talking about, and you don’t use the mark to suggest the company endorses you.  "shopping for books at Walmart” "playing a Playstation game” "wearing Oakley sunglasses." Twitter: #KunoLaw
    39. 39. (c) Kenan L. Farrell 2010 Criminal Law Twitter: #KunoLaw
    40. 40. (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    41. 41. (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    42. 42. (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    43. 43. (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    44. 44. (c) Kenan L. Farrell 2010 tinyurl.com/reallydumbfacebookposts Twitter: #KunoLaw
    45. 45. (c) Kenan L. Farrell 2010 DEFAMATION • Defamation is the issuance of a false statement about another person, which causes that person to suffer harm. • Slander involves spoken defamatory statements. • Libel involves defamatory statements in a printed or fixed medium, such as a newspaper, book or blog. Twitter: #KunoLaw
    46. 46. (c) Kenan L. Farrell 2010 DEFAMATION Twitter: #KunoLaw • Anyone who repeats someone else’s statements is just as responsible for the defamatory content as the original speaker if they knew, or had reason to know, of the defamation.  • Section 230 of Communications Decency Act provides strong protection.
    47. 47. (c) Kenan L. Farrell 2010 • Private individual only has to prove you acted negligently, which is to say that a “reasonable person” would not have published the defamatory statement.  • A public figure must show “actual malice” – that you published with either knowledge of falsity or in reckless disregard for the truth. – A “public figure” is someone who has actively sought, in a given matter of public interest, to influence the resolution of the matter.  DEFAMATION Twitter: #KunoLaw
    48. 48. No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Communications Decency Act Sec. 230 (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    49. 49. User Comments If the bubble touches me, you’re going to be arrested for assault (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    50. 50. French Court Convicts Google of Defamation After Linking Convicted Rapist With Rape – Sept. 27, 2010 (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    51. 51. (c) Kenan L. Farrell 2010 PRIVACY Publication of private information (Indiana): • A public disclosure of private information concerning the plaintiff that would be highly offensive and objectionable to a reasonable person of ordinary sensibilities; • to persons who have no legitimate interest in the information; • in a manner that is coercive and oppressive. Twitter: #KunoLaw
    52. 52. (c) Kenan L. Farrell 2010 “Newsworthy” Private information is newsworthy if some reasonable members of the community could entertain a legitimate interest in it. Public has a legitimate interest in almost all recent events, even if it involves private information about participants, as well as a legitimate interest in the private lives of prominent or notorious figures (such as actors, actresses, professional athletes, public officers, noted inventors, or war heroes). Twitter: #KunoLaw
    53. 53. “Newsworthy” • Newsworthiness is not limited to reports of current events, but extends to articles for the purposes of education, amusement, or enlightenment. • However, a court may look at whether the private information is pertinent to an otherwise newsworthy story. (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    54. 54. (c) Kenan L. Farrell 2010 Wikileaks Twitter: #KunoLaw
    55. 55. Right of Publicity • Individual's right to control and profit from the commercial use of his/her name, likeness and persona • In many states, defendants often must pay attorney fees to the plaintiff if a claim is successful. (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    56. 56. (c) Kenan L. Farrell 2010 Net Neutrality Really really really F’d. The First Amendment issue of our time. Neutrality - No restrictions by ISPs and governments on content, sites, platforms, on the kinds of equipment that may be attached, and no restrictions on the modes of communication allowed Twitter: #KunoLaw
    57. 57. (c) Kenan L. Farrell 2010 Professional Bloggers • How should you structure your business? • Two key features to consider in structuring your business are: 1) liability protection 2) desired tax treatment. • There are several ways to form a business including: sole proprietorship, partnerships, corporations, limited liability companies, and limited liability partnerships. Twitter: #KunoLaw
    58. 58. (c) Kenan L. Farrell 2010 Contact: /KLFLegal Facebook.com Twitter.com LinkedIn.com/in/kenanfarrell Twitter: #KunoLaw } www.KLFLegal.com Phone: 317.808.0000 Blog: klflegal.wordpress.com Blog: indianaintellectualproperty.wordpress.com Email: kfarrell@klflegal.com
    59. 59. #KunoLaw Attorneys & Law Firms Are using social media for… •Personal & Professional Networking •Blogging (Personal & Firm) •Litigation Research & Voir Dire •Communication with Clients •Marketing – Brand awareness – Lead generation
    60. 60. • Facts & Fiction • Social Media & the Law • New Media Marketing • Lead Generation • Personal / Firm Brand • Rules of Engagement • Real-World Examples • 6-month Plan From: Columbia Financial International and Kuno Creative Special Offer for Attorneys & Firms The New Legal Networking Guide E-book: How to Use Social Media to Get New Clients for Your Law Firm Twitter: #KunoLaw
    61. 61. Special offer: $50 off (reg. $249) http://NewLegalNetworking.com Discount Code: “KunoLaw” Special Offer for Attorneys & Firms The New Legal Networking Guide E-book: How to Use Social Media to Get New Clients for Your Law Firm From: Columbia Financial International and Kuno Creative Twitter: #KunoLaw
    62. 62. Questions & Answers Twitter: #KunoLaw Slides Posted at: SlideShare.net/KunoCreative
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