YouSued.comLaw & Social Data         By: David M. AdlerLeavens, Strand, Glover & Adler, LLC 203 North LaSalle Street, Suit...
UseofSocial
OverviewMany Businesses & Individuals Lack ResourcesInadequate understanding of legal and regulatory requirementsRights ow...
CopyrightProtects ContentRights   Acquired Automatically 17 USC §201(a)   Employees/Work-Made-For-HireInfringement IssuesD...
Right of PublicityRight to control and to choose whether and howto use an individual’s identity for commercialpurposesPers...
TrademarksScopeCopycats: Brandjacking / CybersquattingComparative AdvertisingLiability For Trademark InfringementDefensesP...
DefamationDefinition:    Slander (statements) and libel (written, broadcast, or    published)    FALSE claim, either expre...
Content & Speech RegulationObscenity / Communications Decency Act - ObsceneMaterialsChildren: Childrens Online Privacy Pro...
Marketing IssuesCAN-SPAM   Email   Text/Mobile MessagingPromotions   Sweepstakes / Contests Governed by State LawsFTC   En...
Workplace IssuesThe NLRB released 3 Reports, the latest May 30, 2012    An employer violates the Act if a rule “would reas...
PrivacyInternet/Connected Devices/Social Media createHUGE Privacy Risks   Collection/Analysis/Sharing personal data is dri...
Due DiligenceContracts/Policies/Procedures   Social Media & Privacy   BYOD   Affiliates/Sponsors/ContractorsClearance   Co...
Thank You!David M. Adler | Leavens, Strand, Glover & Adler, LLC         203 North LaSalle Street, Suite 2550              ...
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Tech Week Chicago 2012: Law & Social Data

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TechWeek Chicago 2012 was great success. Packed room with entrepreneurs eager to understand legal issues facing their business. If you were unable to attend, here is my portion of the presentation.

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Tech Week Chicago 2012: Law & Social Data

  1. 1. YouSued.comLaw & Social Data By: David M. AdlerLeavens, Strand, Glover & Adler, LLC 203 North LaSalle Street, Suite 2550 Chicago, Illinois 60601 @adlerlaw
  2. 2. UseofSocial
  3. 3. OverviewMany Businesses & Individuals Lack ResourcesInadequate understanding of legal and regulatory requirementsRights owners and Users can benefitIgnorance = Risk content removed civil and criminal penalties Lost time, money and business opportunitiesLearn the “Rules of the Road” for creation, commercialization andenforcement of the rights and obligationsDisclaimer: While I’d be delighted to represent you, this is NOT legaladvice and I am not your lawyer.
  4. 4. CopyrightProtects ContentRights Acquired Automatically 17 USC §201(a) Employees/Work-Made-For-HireInfringement IssuesDigital Millennium Copyright Act (DMCA)Non-Preemptable Common Law Claims Hot news, Breach of Contract, Digital TrespassFair Use = After the Fact Defense; Highly Facts &Circumstances Dependent; ≠Permission
  5. 5. Right of PublicityRight to control and to choose whether and howto use an individual’s identity for commercialpurposesPersonal Identity Attributes: (i) name, (ii)signature, (iii) photograph, (iv) image, (v)likeness, or (vi) voice19 states with Rt. Of Publicity Statutes, 28 statesrecognize common law rightDefenses: identity not used (Question of fact), deminims use, transformative use
  6. 6. TrademarksScopeCopycats: Brandjacking / CybersquattingComparative AdvertisingLiability For Trademark InfringementDefensesProduct Placement
  7. 7. DefamationDefinition: Slander (statements) and libel (written, broadcast, or published) FALSE claim, either express or implied Per Se (crime, disease, integrity, sexual conduct) & Per QuodDefamation In Cyberspace (Section 230) Former Head / VP Indian Cricketing League fined US$140,000 for Libelous Tweet.Selected Defenses:IL: (i) fair report privilege, (ii) substantial truth, & (iii)opinion and fair comment
  8. 8. Content & Speech RegulationObscenity / Communications Decency Act - ObsceneMaterialsChildren: Childrens Online Privacy Protection Act(COPPA) & Childrens Internet Protection Act (CIPA)State RegulationFirst AmendmentState Laws NY bills S6779 A8688 - would ban “anonymous” speech AZ bill 2529 – criminalizes any speech that could be construed as cyber-bullying WA SB 6251 – criminalizes providing access to third parties “offensive” materials by online service providers
  9. 9. Marketing IssuesCAN-SPAM Email Text/Mobile MessagingPromotions Sweepstakes / Contests Governed by State LawsFTC Endorsement / Testimonial GuidelinesRegulate Industries: FTC, FDA, FINRA, SEC, NLRBPlatforms/Transmedia
  10. 10. Workplace IssuesThe NLRB released 3 Reports, the latest May 30, 2012 An employer violates the Act if a rule “would reasonably tend to chill employees in the exercise of their Section 7 rights.”Practical Applications. Top 5 Mistakes: No Policy. According to Grant Thornton, as of Nov. 2011, 79% of companies surveyed did not have social media policies Policy Unenforceable. In 2011, the NLRB had received 129 cases involving social media Policy Unclear. Training employees is just the beginning; AU telecom co. Telstra (40,000+ employees) mandates training “3Rs” – responsibility, respect and representation Policy Outdated. Oct. 2011 FTC settles with Frostwire, developer of p2p file-sharing application over the default privacy settings Loss of Trade Secrets. Phonedog. Christou v. Betaport
  11. 11. PrivacyInternet/Connected Devices/Social Media createHUGE Privacy Risks Collection/Analysis/Sharing personal data is driving the digital economy. Industry & Government Initiatives: Do Not Track; Privacy Bill of Rights; GPS/Geo-location Data Guidelines: No Surprises: Disclose What, With Whom Shared & Why Real Choices: Opt-in v. Opt Out User Control: Ability to change one’s mind Trusted Third Parties: Know with Whom Data is shared Sensible Settings Limited Data
  12. 12. Due DiligenceContracts/Policies/Procedures Social Media & Privacy BYOD Affiliates/Sponsors/ContractorsClearance Copyright/Trademark/Right of PublicityCompliance State & Federal Regulations
  13. 13. Thank You!David M. Adler | Leavens, Strand, Glover & Adler, LLC 203 North LaSalle Street, Suite 2550 Chicago, Illinois 60601 Direct: (866) 734-2568 Fax: (312) 275-7534 www.ecommerceattorney.com www.lsglegal.com adlerlaw.wordpress.com @adlerlaw

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