Introduction Fundraising Social media ◦ Trademark ◦ Defamation Minors CAN SPAM Act ◦ E-mail Marketing
Online giving accounted for $4-6 billion in donations last year in US alone Social networks and blogs/websites are the fourth most popular online activities Email is falling behind Social networks as method of exchanging and sharing information Average age of online donors is rising each year
The average gift size among nonprofits grew from $56 to $60 Online gifts are larger than the average gift from traditional channels
“Organizations and web designers must be aware that the traditional rules with respect to prohibitions on providing particular services, treatment of advertising income, sales activity, as well as lobbying restrictions still apply to website activities.”2000 EO CPE at 140.
Tax-exempts are not exempt from all taxes, only from those taxes that would otherwise apply to income received from activities that are substantially related to their exempt purposes.
On-line Charity Malls ◦ % of purchase price goes to charity Virtual Storefronts ◦ Section 513(c) Fragmentation Rule IRS will review each piece of merchandise
◦ Trademark Seek permission Avoid using other’s trademarks◦ Copyright Who owns the work Monitor for misuse Use symbols
Obtain Licenses from All Authors and Speakers ◦ Video ◦ Text Applies to All Intellectual Property ◦ Text, Graphics, Photos, Video
Adopt a standard policy and practice for all to sign All authors sign standard agreements ◦ Obtain right to publish AND post online Speakers grant rights to post online
Develop club policy that addresses permissible use Monitoring Reserve right to remove content and comments, block users, etc Our community is an echo of our voice…we must set the tone.
◦ Antitrust◦ Defamation◦ Contributory Copyright Infringement◦ Political Activity◦ Providing or promoting “Professional” Advice
Emails that advertise or promote a commercial product or service, such as membership in the organization or the sale of organization publications, events, etc. Members generally excluded
Give clear notice of opportunity to opt-out. ◦ MUST be in every email message. Provide a functioning opt-out in every email message. This can be a return email address or other Internet-based mechanism that is capable of receiving opt-out requests for at least 30 days after the transmission of the original message. Further, if the recipient has opted-out, the sender may not exchange or otherwise transfer or release the email address of the recipient even within the club. Email service protects Club from fines and other liabilities. Constant Contact, easy to use, protects us.
Provide a valid physical postal address of the sender. Clear and conspicuous notice that email is a solicitation Make sure the "from" line accurately and clearly reflects the sender. Use a valid subject line directly related to content.
Photo Subject holds rights of publicity• get release from parent or guardian before use photo beyond consent.• consider children’s issues on Internet. Gain rights for all future uses
1. Children’s Online Privacy Protection Act of 1998 (COPPA) • Collection of PII directly from a minor (children under 13) • Collecting and storing Personally Identifiable Information
Obtain from everyone in film/video. Make sure you have all people and possible, future rights needed. Photo participant release; Photographer release Privacy Rights: separate from commercial use (invasion of privacy could apply to putting someone’s picture on the Internet).
Draft a privacy protection policy: What personal information is being gathered about user How the information will be used Who the information will be shared with, if anyone Choices available regarding how collected information is used Safeguards in place to protect the information from loss, misuse, or alteration How user can update or correct inaccuracies in his or her information. Provide mechanism for consent, access and correction.