Staying on the right side of the law

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Vanessa Barnett, commercial lawyer, Charles Russell
Digital impact conference
www.charitycomms.org.uk/events

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Staying on the right side of the law

  1. 1. 5 THINGS What every charity should know about social media Vanessa Barnett Partner, TMT @vanessabarnett
  2. 2. THE LAW (AND OTHER STUFF)  Mostly old laws, with a bit of the new  Four key areas of law:  Intellectual property  Data protection/privacy  Defamation/contempt  Employment  One key set of terms and conditions (well, sort of)  Social media platform T+Cs
  3. 3. ONE – RESPECT MY AUTHORITY (INTELLECTUAL PROPERTY)
  4. 4. http://southparkstudios.mtvnimages.com/shared/downloads/images/season-14/1403/1403_cartmanJunkieA.jpg
  5. 5. Flikr attribution: naixn
  6. 6. Flikr attribution: grendelkhan
  7. 7. Flickr attribution: p_a_h
  8. 8. Getting the right rights in  Creating new content  Commercial production  Assignment always preferable!  User generated content  Assignment unlikely, but very wide licence  Employees/consultants  Using existing third party content  Commercial licence  Content libraries  Creative Commons  Be careful licence rights wide enough  Exclusive/non-exclusive  Territory  Media  Devices  Language
  9. 9. Copyright myths  Everything on the Internet is in the public domain, so I can use it  No, only stuff where copyright has actually expired is in the public domain  If there’s no copyright notice, I can use it  No, no notice is needed to get copyright, it just arises and the creators are protected – notices, these days, are for information  If I change it, I have not made a copy, so I can use it  No, that’s still a copy which has been derived from the original, so still an infringing copy  If I just copy part of it, it’s not a copy, so I can use it  No, because a copy can be the whole or a substantial part (and that’s qualitative – think of the Mona Lisa smile!)  If I don’t make any money out of it, it’s not commercial, so it’s permitted  No, the exceptions which allow use of copyright works without permission are very narrow (e.g. research, private study, news reporting, etc)
  10. 10. The „right‟ to „share‟
  11. 11. TWO – DON‟T BE A DATA DUFFUS
  12. 12. Privacy and Electronic Communications Regulations  Need a positive indication of consent – but that doesn‟t automatically mean a tick box  Directive defines „the data subject‟s consent‟ as: „any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed‟  ICO read this as some form of communication where the individual knowingly indicates consent, saying: “This may involve clicking an icon, sending an email or subscribing to a service. The crucial consideration is that the individual must fully understand that by the action in question they will be giving consent.”
  13. 13. The „soft‟ opt in – how far can you stretch it?  PECR say no need for consent if:  Obtained details from the intended recipient in the context of a sale or negotiations for the sale of a product or service AND  The marketing relates to sender‟s own/similar products or services AND  The recipient is given a simple means of refusing the communications (but an opt-out or otherwise) at data collection and on every subsequent communication  So careful with mailing list purchases too!
  14. 14. All boils down to this Tell people what you are doing with personal data Do what you have told them!
  15. 15. THREE – NO SUCH THING AS #INNOCENT
  16. 16. http://www.thetimes.co.uk/tto/multimedia/archive/00320/102030342_Paul_Cham_320099c.jp g
  17. 17. Paul Chambers
  18. 18. Sally Bercow http://www.independent.co.uk/news/uk/crime/twitter-libel-sally-bercow-says-she-has-learned- the-hard-way-as-she-settles-with-tory-peer-lord-mcalpine-over-libellous-tweet-8630653.html
  19. 19. Jordan
  20. 20. #ad #spon  Disclosure of paid promotions or endorsements  Use ‘#ad’ hashtag or #spon if someone has been paid to promote your charity  The position of charity „ambassadors‟ is unclear
  21. 21. FOUR – WE ARE ALL IN IT TOGETHER (UNFORTUNATELY!)
  22. 22. Responsibility for employees
  23. 23. FIVE – DON‟T FORGET THE CONTRACT STUFF
  24. 24. Common themes for social media platform T+Cs  Don‟t spam  Don‟t bully, intimidate or harrass  No nudity or pornographic content  Don‟t infringe or violate rights of third parties (including copyright!)  Don‟t publish confidential stuff  Don‟t associate with us  Get logos right simples
  25. 25. Facebook specifics  Promotions  Facebook Promotions Guidelines – keep it legal and if any ‘gambling’ element, need consent from Facebook  Ads  Facebook Pages Terms  Relevant and appropriate for audience  Appropriately targeted!  Data  Get consent and be transparent  Cannot use for purpose outside of consents  No tagging without consent!
  26. 26. Twitter specifics  Don‟t send unsolicited @ replies or mentions  When you post something on Twitter you grant Twitter a licence to do what it wants with your content!  Promoted tweets must be appropriately targeted, comply with all applicable laws and regulations, and accurately reflect your brand  Remember @[your charity] will be responsible for all promoted content on Twitter on its behalf
  27. 27. FINALLY
  28. 28. THANK YOU

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