Social media and the law presentation 8-22-11

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Social media and the law presentation 8-22-11

  1. 1. SOCIAL MEDIA STRATEGY &SOCIAL MEDIA LAW PRESENTATION BY: DeWayne Pope, Red Mountain Law Andrea Walker, W. Social Marketing, LLC
  2. 2. BEST PRACTICES OFSOCIAL MEDIA STRATEGY
  3. 3. EFFECTIVE STRATEGY FORSHARING YOUR MESSAGE
  4. 4. INBOUND MARKETING VERSUS OUTBOUND MARKETING
  5. 5. OUTBOUND MARKETING
  6. 6. INBOUND MARKETINGQualified leads come to youBuild relationshipsTrustKnowledge
  7. 7. HOW TO GET CUSTOMERS TO COME TO YOU...
  8. 8. Quality content
  9. 9. CONTENT MEDIUMS
  10. 10. YOUR SOCIAL MEDIA R.O.T.
  11. 11. WHY R.O.T.? (RULE OF THUMB)Most content erodes due to lack of interestor mis-managementSocial networking profiles are left “rottingaway”Mis-conception about ROI of social media
  12. 12. RULE OF THUMB #1Social media is NOT sales
  13. 13. RULE OF THUMB #2 Remember it’s social media ...Talk WITH people ... not AT them More importantly, get people talking about YOU!
  14. 14. RULE OF THUMB #380% information & 20% self-promotion REMEMBER this ratio!
  15. 15. RULE OF THUMB #4 Make them feel special!Increase fans by incentivizing and promoting sharing.
  16. 16. RULE OF THUMB #4Social media is all about close relationships! People do business with people they like.
  17. 17. RULE OF THUMB #6Address negative posts professionally and publicly.
  18. 18. SOCIAL MEDIA RULES OF THUMBSocial media is NOT sales.Get people talking.80% information & 20% self-promotionMake them feel specialPeople do business with people they like.Address negative posts professionally and publicly.
  19. 19. SOCIAL MEDIA & THE LAW
  20. 20. START WITH A SOCIAL MEDIA POLICYProvide clear guidance to employeesProvisions to protect: Company intellectual property (trademarks, copyrights, patents) Confidential company informationDon’t impose unnecessary or impractical restrictionson use of social media
  21. 21. KNOW WHAT YOU’RE USINGReview terms of use & privacy policies of third-partysocial media sites Restrictions on use of social media site (e.g., advertising, marketing, promotions) Facebook prohibits businesses from administering promotions through Facebook without prior written consent
  22. 22. Legal responsibilities assumed with use of site(e.g., responsibility for complying with takedownprovisions of the DCMA)Ownership of intellectual property used on orinformation collected or generated through use ofthe site
  23. 23. PROTECT YOUR DIGITAL SPACE Establish clear, written terms of use & privacy policies for all social media sites, services and applications Require affirmative acceptance Include provisions to protect company intellectual property from misuse Include provisions to minimize liability
  24. 24. User-generated content Digital Millennium Copyright Act of 1998 (DMCA) Safe harbor for copyright infringement by acts of users Notice & takedown procedures
  25. 25. Section 230 of Communications Decency Act of1996 (CDA) Immunity for publishing tortious statements made by third parties
  26. 26. COMPLY WITH APPLICABLE LAWSDefamationFalse advertising No posting of fake reviews
  27. 27. Securities laws (publicly traded company) Prohibits market manipulation, insider trading, selective disclosure & disclosure of material non- public info Monitor statements by employees
  28. 28. Promotions, contests & sweepstakes laws Sweepstakes-type promotions that require a purchase by participants are illegal in the US USPS & FCC also enforce federal laws governing contests and prize promotions
  29. 29. Each state has laws that may require promoters to make disclosures, seek licensing, or post a bond.Industry-specific laws
  30. 30. CONSENTObtain consent before use of employees’ or third-parties’ names, images or informationUse comprehensive release document to explainpurpose & extent to which company will use names,images or information
  31. 31. DON’T VIOLATE EMPLOYEERIGHTS UNDER THE NLRADon’t restrict employee speech or take adverseemployment actions to extent employees use socialmedia to communicate about organizing, unions orother rights protected under NLRAEnsure NLRA compliance even in non-unionworkplace
  32. 32. DISCLOSE MATERIALCONNECTIONS WITH BLOGGERSFTC requires advertisers to disclose connectionswith endorsers of their products if: payment to endorser provision of free productsAdvise blogger of obligation to disclose
  33. 33. CONSIDER LEGAL RISKSOF SM BACKGROUND CHECKSAvoid making decisions based on protected classmembership revealed through social mediaUse same protocols for social media screeningComply with Fair Credit Reporting ActDo not access password-protected electronicresources without proper authorization from ownerMake decisions using vetted & accurate info
  34. 34. REVIEW INSURANCE POLICIES CGL insurance policies may not cover liability arising out of certain online activities Possible additional insurance: cyber liability insurance that covers data breaches, privacy and data security business interruption media & content liability
  35. 35. CONTACT INFO DeWayne Pope Red Mountain Law dpope@dpopemail.com (205) 618-8908 Andrea Walker W. Social Marketing, LLCandrea@wsocialmarketing.com (205) 835-2493

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