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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 ...

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 Social Media, Blogging & the Law - An Inbound Marketer's Guide Presentation Transcript

  • 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.
  • Agenda
    • About Kuno Creative
    Chad H. Pollitt Director of Social Media & Search Marketing Kuno Creative @CPollittIU LinkedIn.com/in/seofortwayne Twitter: #KunoLaw
  • 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
  • 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
  • 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
  • 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
  • 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
  • About Kuno Creative Kuno Creative helps small to medium sized businesses find and capture leads through Inbound Marketing. Twitter: #KunoLaw
  • 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
  • Introduction
    • Kenan Farrell, Attorney
    • CEO, KLF Legal, Indianapolis, IN
      • Intellectual Property, Entertainment
      • www.KLFLegal.com
    Twitter: #KunoLaw Kenan Farrell CEO KLF Legal @KLFLegal LinkedIn.com/in/kenanfarrell
  • 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
  • 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
  • Twitter: #KunoLaw (c) Kenan L. Farrell 2010
  • Today’s AGENDA (c) Kenan L. Farrell 2010
    • 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
  • 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?
    (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • Laws vary state-by-state. You publish to all states. You may be subject to 50 different laws. (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • Social Media Policy (c) Kenan L. Farrell 2010 http://socialmediagovernance.com/policies.php Twitter: #KunoLaw
  • 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. 
    (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • Comment Policy
    • Post a comment policy to inform readers:
    • what you will allow on your blog
    • what you will not allow, and
    • what they are allowed to do.
    (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • Comments (c) Kenan L. Farrell 2010 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
  • 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.
    (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • Internet – no barriers to copying (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • The Internet Is Built on Copying (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • 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.
    (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • The law favors “transformative” use. (c) Kenan L. Farrell 2010 “ 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
    • 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
  • How to avoid copyright infringement
    • CREATE 100% ORIGINAL CONTENT
    • USE CONTENT LICENSED FOR REUSE*
    • GIVE CREDIT WHERE CREDIT IS DUE!
    (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • Copyright Troll (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    • 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
    (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • 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
  • 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
  • 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
    (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
    • Pepsi®, McDonalds®, Apple®
    • or
    Trademark 101 (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • 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
  • 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."
    (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • Criminal Law (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 Twitter: #KunoLaw
  • tinyurl.com/reallydumbfacebookposts (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • DEFAMATION
    • Defamation is the issuance of a false statement about another person, which causes that person to suffer harm.
    (c) Kenan L. Farrell 2010
    • Slander involves spoken defamatory statements.
    • Libel involves defamatory statements in a printed or fixed medium, such as a newspaper, book or blog.
    Twitter: #KunoLaw
  • DEFAMATION (c) Kenan L. Farrell 2010 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.
    • 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 (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • 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
    • 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 2010 Twitter: #KunoLaw
  • PRIVACY
    • 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.
    (c) Kenan L. Farrell 2010 Publication of private information (Indiana): Twitter: #KunoLaw
  • “ Newsworthy” (c) Kenan L. Farrell 2010 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
  • “ 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
  • Wikileaks (c) Kenan L. Farrell 2010 Twitter: #KunoLaw
  • 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
  • Net Neutrality (c) Kenan L. Farrell 2010 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
  • Professional Bloggers (c) Kenan L. Farrell 2010
    • How should you structure your business?
    • Two key features to consider in structuring your business are:
      • liability protection
      • 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
  • Contact:
    • /KLFLegal
    (c) Kenan L. Farrell 2010 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: [email_address]
  • 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
    #KunoLaw
    • 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
    • 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
  • Questions & Answers
    • Slides Posted at: SlideShare.net/KunoCreative
    Twitter: #KunoLaw