A presentation addressing the legal implications of social media.. These issues include privacy, copyright, trademark, and trade secrets issues for employers, employees and ISPs, as well as the SPAM Act and FTC rules. ALL RIGHTS RESERVED. Contact me at dsaper [at]saperlaw.com if you'd like to use the presentation or if you have any questions.
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
Social Media Law: The Legal Do's and Don'ts of Social MediaShawn Tuma
This presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...Shawn Tuma
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
A presentation addressing the legal implications of social media.. These issues include privacy, copyright, trademark, and trade secrets issues for employers, employees and ISPs, as well as the SPAM Act and FTC rules. ALL RIGHTS RESERVED. Contact me at dsaper [at]saperlaw.com if you'd like to use the presentation or if you have any questions.
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
Social Media Law: The Legal Do's and Don'ts of Social MediaShawn Tuma
This presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...Shawn Tuma
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
Visual Resources Association Annual Conference
March 27-30, 2018, Philadelphia
Session: The Brave New Media of Visual Resources: Managing Intellectual Property Rights on the Frontier
Presenter: Lael Ensor-Bennett, Assistant Curator, Johns Hopkins University
Virtual Assets in Probate
Estates lawyers need to learn the new issues surrounding digital assets and online communications. Are you documenting virtual assets? What are the wishes of the deceased on the disposal of online profiles? Have you preserved access to crucial internet communications and document storage? Estate law now goes beyond tangible property and must include virtual assets. Is your law firm prepared?
In this one-hour, CLE-eligible, webinar join Joshua Lenon, Clio’s lawyer in residence, and Rich Martin from Directives Online as they review what steps elder and estates lawyers need to take to document and preserve crucial online information when building a probate-focused law firm. Topics will include:
- Classifying digital assets
- Accessing online documents and communications post-mortem
- Comparing wills to trusts for online assets disposition
- Tools to manage decedents’ digital assets
Social Media and Your Staff by Brian Miller and Jean Boyle, solicitors at Sto...Brian Miller, Solicitor
Brian Miller and Jean Boyle, solicitors at Stone King take you through the legal implication of using social media and how to ensure your staff are aware of the consequences of using it in your organisation.
Federal law enforcement agencies recently demanded that Apple break the encryption used by iOS in the Apple v FBI fight in 2015, but backed down when an exploit was used to break into the iPhone.What followed was a pause in the demand for encryption backdoors for a few years, but that break has been short lived. This talk will update attendees on the history of the demands for encryption backdoors, from the Clipper chip to the creation of CALEA, and summarize recent demands from law enforcement to the tech industry to weaken strong encryption and allow law enforcement to access any data, any time.
L'idea è quella di dar vita a dei seminari da proporre a istituti scolastici secondari, rivolti a studenti delle classi quarte, durante i quali saranno presentati i nuovi strumenti di informazione, dialogo e partecipazione adottati da istituzioni, PA, associazioni e istituti di ricerca che offrono al cittadino una fotografia del paese attraverso dati, informazioni ed erogazione di servizi.
La missione di " Alfabetizzazione civica" è quella di formare nuovi cittadini che non solo conoscano realmente l’architettura istituzionale del proprio Paese ma che siano capaci di utilizzare in maniera pro-attiva gli strumenti che i soggetti pubblici, politici e le associazioni, mettono loro a disposizione per informarsi, comprendere e partecipare consapevolmente alla vita pubblica.
I nuovi strumenti di dialogo e controllo sono spesso più affini alle generazioni dei nativi digitali ma la non conoscenza di questi e la difficoltà a raggiungerli, porta i giovani cittadini al disinteresse verso quello spazio ideale che viene ancora percepito come “altro”.
Non si fa che chiedere a gran voce un Paese trasparente, aperto ed efficiente, un'amministrazione trasparente, aperta ed efficiente, un sistema politico trasparente, aperto ed efficiente ma non si investe sulla formazione civica di quelle generazioni che potrebbero sfruttare a pieno le potenzialità del nuovo abito con il quale si cerca di vestire il sistema pubblico di questo Paese.
Crediamo che sia necessario fornire alle nuove generazioni una “cassetta degli attrezzi digitali” che permetta loro di analizzare la società di oggi, rapportarsi con quella di ieri per costruire quella di domani.
A cosa mira il nostro impegno? Ad un Paese capace di crescere attraverso un sano trasferimento di conoscenze e competenze, un Paese che accompagna i propri ragazzi verso la strada della consapevolezza e che quando trova delle deviazioni non si limita a vietarne l’accesso, ma ne spiega le ragioni. Un Paese nel quale dubbi, problemi e idee diventino lo stimolo per dar vita ad un rinnovato rapporto che leghi indissolubilmente Istituzioni, politica e società facendo leva sull'innovazione tecnologica.
Alfabetizzazione civica è un progetto che nasce per coinvolgere i ragazzi nella vita pubblica del proprio Paese, sia a livello locale che nazionale, mettendoli nelle condizioni di fruire criticamente degli strumenti utilizzati dallo Stato, passando dal concetto di “procedura” a quello di “processo” nel quale sentirsi attori.
Erica Desai is a healthcare worker based in Richmond, Virginia who loves to cook and bake in her spare time. She learned to cook from her family members when she was a teenager, and has been passionate about it ever since.
Visual Resources Association Annual Conference
March 27-30, 2018, Philadelphia
Session: The Brave New Media of Visual Resources: Managing Intellectual Property Rights on the Frontier
Presenter: Lael Ensor-Bennett, Assistant Curator, Johns Hopkins University
Virtual Assets in Probate
Estates lawyers need to learn the new issues surrounding digital assets and online communications. Are you documenting virtual assets? What are the wishes of the deceased on the disposal of online profiles? Have you preserved access to crucial internet communications and document storage? Estate law now goes beyond tangible property and must include virtual assets. Is your law firm prepared?
In this one-hour, CLE-eligible, webinar join Joshua Lenon, Clio’s lawyer in residence, and Rich Martin from Directives Online as they review what steps elder and estates lawyers need to take to document and preserve crucial online information when building a probate-focused law firm. Topics will include:
- Classifying digital assets
- Accessing online documents and communications post-mortem
- Comparing wills to trusts for online assets disposition
- Tools to manage decedents’ digital assets
Social Media and Your Staff by Brian Miller and Jean Boyle, solicitors at Sto...Brian Miller, Solicitor
Brian Miller and Jean Boyle, solicitors at Stone King take you through the legal implication of using social media and how to ensure your staff are aware of the consequences of using it in your organisation.
Federal law enforcement agencies recently demanded that Apple break the encryption used by iOS in the Apple v FBI fight in 2015, but backed down when an exploit was used to break into the iPhone.What followed was a pause in the demand for encryption backdoors for a few years, but that break has been short lived. This talk will update attendees on the history of the demands for encryption backdoors, from the Clipper chip to the creation of CALEA, and summarize recent demands from law enforcement to the tech industry to weaken strong encryption and allow law enforcement to access any data, any time.
L'idea è quella di dar vita a dei seminari da proporre a istituti scolastici secondari, rivolti a studenti delle classi quarte, durante i quali saranno presentati i nuovi strumenti di informazione, dialogo e partecipazione adottati da istituzioni, PA, associazioni e istituti di ricerca che offrono al cittadino una fotografia del paese attraverso dati, informazioni ed erogazione di servizi.
La missione di " Alfabetizzazione civica" è quella di formare nuovi cittadini che non solo conoscano realmente l’architettura istituzionale del proprio Paese ma che siano capaci di utilizzare in maniera pro-attiva gli strumenti che i soggetti pubblici, politici e le associazioni, mettono loro a disposizione per informarsi, comprendere e partecipare consapevolmente alla vita pubblica.
I nuovi strumenti di dialogo e controllo sono spesso più affini alle generazioni dei nativi digitali ma la non conoscenza di questi e la difficoltà a raggiungerli, porta i giovani cittadini al disinteresse verso quello spazio ideale che viene ancora percepito come “altro”.
Non si fa che chiedere a gran voce un Paese trasparente, aperto ed efficiente, un'amministrazione trasparente, aperta ed efficiente, un sistema politico trasparente, aperto ed efficiente ma non si investe sulla formazione civica di quelle generazioni che potrebbero sfruttare a pieno le potenzialità del nuovo abito con il quale si cerca di vestire il sistema pubblico di questo Paese.
Crediamo che sia necessario fornire alle nuove generazioni una “cassetta degli attrezzi digitali” che permetta loro di analizzare la società di oggi, rapportarsi con quella di ieri per costruire quella di domani.
A cosa mira il nostro impegno? Ad un Paese capace di crescere attraverso un sano trasferimento di conoscenze e competenze, un Paese che accompagna i propri ragazzi verso la strada della consapevolezza e che quando trova delle deviazioni non si limita a vietarne l’accesso, ma ne spiega le ragioni. Un Paese nel quale dubbi, problemi e idee diventino lo stimolo per dar vita ad un rinnovato rapporto che leghi indissolubilmente Istituzioni, politica e società facendo leva sull'innovazione tecnologica.
Alfabetizzazione civica è un progetto che nasce per coinvolgere i ragazzi nella vita pubblica del proprio Paese, sia a livello locale che nazionale, mettendoli nelle condizioni di fruire criticamente degli strumenti utilizzati dallo Stato, passando dal concetto di “procedura” a quello di “processo” nel quale sentirsi attori.
Erica Desai is a healthcare worker based in Richmond, Virginia who loves to cook and bake in her spare time. She learned to cook from her family members when she was a teenager, and has been passionate about it ever since.
Doing Good Is Good Business -ARM Keynote Erica Kochi UNICEF InnovationErica Kochi
Technology has already changed the way we live but still has the potential to do so much more. In emerging markets, if applied properly, it can be a driving force for good. It also provides immense opportunities for the bottom lines of technology companies.
With the ever-changing climate of social media, it’s hard to know what’s “in” and what will help grow your business. Social media, digital marketing and new technology holds tremendous opportunities for companies looking to drive new business, retain customers, create engagement and increase revenue. So many changes have come through social media in the past few years, and no doubt that more are on their way in 2016. Interested in where it is all going? What should be in store for you for the next year? Join Erica Campbell Byrum, Director of Social Media for For Rent Media Solutions as she shares insight into social media trends to help you develop a social program that is proactive versus reactive.
Erica Campbell Byrum, Director of Social Media for For Rent Media Solutions presented this at the Freeman Web Meeting event on 9/29/16.
The Nature of Power - Presented by Erica & Ernie WisnerDiegoFooter
How does our work fit into the larger goals of sustaining life on Earth? Personal global perspectives paired with a sweeping look at how we handle basic energy-transfer problems: heating, cooling, refrigeration, movement.
We explore some solid-state technologies – structures with few moving parts – that perform sophisticated tasks with simple materials. These structures take advantage of natural gradients to allow their inventors to sell shaved ice in pre-industrial deserts, cook sanitary food in a war zone while evading enemy detection, or keep a home comfortable winter and summer using little to no fuel input.
Learn more at permaculturevoices.com.
Building a Creative and Compelling Brand Voice on Social MediaErica McGillivray
Desire to standout on social media? Bored of the same old copy? Erica McGillivray, marketing consultant, will show you how to build out a strategy behind your brand voice and get real on social media.
As organizations consider SharePoint Online as an option for hosting their SharePoint environments, you may ask yourself how an enterprise can actually move a large number of SharePoint sites to the cloud. In this session we will discuss a large scale SharePoint migration to Office 365 which starts with several highly customized sites and multiple versions of SharePoint. We will look at the project structure and plan, staffing, benefits and pitfalls, technical considerations, lessons learned, and how you can plan for a successful move to SharePoint Online.
Social Media for Planned Giving ProfessionalsErica Klinger
Presentation used at the 2016 Washington Planned Giving Annual Conference in Seattle to ignite and education planning giving professionals on social media.
High School Career Development ProgramsErica Swallow
During my final quarter at the MIT Sloan School of Management, I conducted an independent study about social entrepreneurship in the education sector, primarily focused on current players and existing opportunities in the space. I collaborated with education non-profit Noble Impact to determine how the high school education system might be transformed by greater involvement from communities and businesses.
My research entailed three stages: Internet research, phone and in-person interviews with key players at non-profits and businesses, and creation of a final report, which you’ll find attached to this email.
My research was focused on four questions:
- How are high school students currently engaged in career development?
- Which businesses are most engaged in K-12 education? How and why?
- What scalable opportunities exist to solve the skills gap between the classroom and workforce?
- What should I do after MIT Sloan to have the greatest impact in education?
The final report covers my key findings for the first two questions – insights were pulled from interviews with recruiters, students, non-profit leaders, and corporate giving professionals. The report also covers potential opportunities that Noble Impact or other organizations could implement to improve career-oriented programming offered to high school students. Lastly, the report gives a very brief insight into where my head’s at for post-Sloan plans.
INSPIRATION FOR THIS PROJECT
I was inspired to conduct this project for two key reasons: Education has been a life-changer for me, and Noble Impact’s work inspired me to think harder about how I could contribute to improving education in America.
As a first-generation college (and graduate) student, I’ve observed and relished in the difference furthering my education has made in my life, as compared with the trajectories of my siblings, cousins, and elders. Education not only pulled me out of poverty, but it also opened my mind to the many ways in which I could l contribute to the world.
Last year, I was invited to judge Noble Impact’s Arkansas High School Startup Weekend, and I was amazed by what the students were capable of producing: Full product prototypes, pitch presentations, and compelling arguments for why their business ideas were important. At the time, I didn’t consider how I might contribute to their experience beyond my duty as a judge, but as my second year of Sloan began to wrap up, I reflected upon my two years in business school and realized that my time in Little Rock with those motivated, talented students was the most inspiring time of my MBA. After starting a dialogue with Noble Impact CEO Eric Wilson, I decided I couldn’t end my semester without a deep dive into the education world. And thus, this project was born.
In the age of social media, intellectual property can be murky territory. In this presentation, Primum Marketing Communications, a Milwaukee-based agency, covers social media implications on copyrights, trademarks, patents, defamation and trade secrets. The presentation also takes a look at some Terms of Service and Privacy Policies for several popular social media sites and covers best practices for marketing your brand without crossing the legal line.
Protecting Your Intellectual Property and your BrandNow Dentons
In this presentation FMC's Margot Patterson discusses protecting intellectual property and brands through discussion related to the Copyright Modernization Act, how Social Media is changing marketing practices and best practices for third-party content (partners & consumers).
Social Media Marketing 03 24 2010 Updated 04 08 10Matthew Asbell
An updated version of my previous presentation, providing some social media basics, an overview of intellectual property issues in the use of social media for marketing, and ethics/professional responsibility concerns for attorneys utilizing social media to market themselves
The Wild, Wild Web, Social Media Law TXCHANGE with Jeff SchultzThe Net Impact
Is a re-pin violating copyright? Who owns the content I post on Facebook? Are clients on my LinkedIn profile still a "trade secret"?
For modern organizations, social media is a key component of any internet marketing strategy. However, revolutionary technologies like Facebook, Twitter, and Pinterest have completely changed traditional ideas of intellectual property, employment obligations, and personal privacy. To keep up with the ever-changing online landscape, social media law is constantly evolving. A new legal frontier that is truly uncharted.
Watch this presentation from Jeff Schultz, Partner and Chair of the Social Media Practice Group at Armstrong Teasdale LLP.
The Dark Side of Social Media: Legal Issues
Legal Aspects of Abuse and Misuse of Social Media
(Facebook, Twitter, etc.)
Final project of Legal Aspects of Information Systems courses
By mprabuw & Said Altinsik
Lewis Silkin's Don't get it wrong #socialmedia Seminar PresentationLewis Silkin
This presentation is from Lewis Silkin’s Don't get it wrong #socialmedia semina on the 17th April 2012. Simon Morrissey and Jo Farmer, Partners in the Media, Brands and Technology department look at social media and the legal and regulatory aspects of its use in advertising.
You can view the youtube playlist of the videos that accompany this presentation here: http://youtu.be/4edioYoxClM; or on our website here: http://www.lewissilkin.com/Knowledge/2012/April/Dont-get-it-wrong-socialmedia.aspx
Online Advertising and Social Media ComplianceDoug Devitre
Creating multiple social media profiles all over the Internet may be putting the real estate brokerage at risk. This fast‐ paced course will help licensees implement best practices online to limit liability, comply with SDREC requirements and utilize social media as an effective form of communication.
Learning Objectives include:
• Identify potential risks a licensee may be liable for under SD license law.
• List the intellectual property violations that may occur when licensee upload multiple forms of content to the
web.
• Develop a brokerage policy and rules for engagement for licensees to follow when using social media sites.
This presentation begins with a brief introduction of the history and goals behind copyright. It then explores some of the basics of copyright, including questions about copyright eligibility, copyright duration, registration, obtaining copyright permissions and its distinction from other intellectual property rights (patent, trademark) and plagiarism. Finally, considerable time is spent discussing copyright law's Fair Use Exemption, one of the more confusing -- yet most important -- issues in copyright for student journalists. The presentation includes a number of true-to-life examples that should help students understand where the legal boundaries lie.
Augmented reality is rapidly bringing the physical and digital worlds closer. While this can create value for businesses, it also means new challenges such as who owns augmented spaces that government and businesses need to work together to regulate. https://deloi.tt/2YwQKXe
NAFCU - Keeping Your Marketing Pitches CompliantE Andrew Keeney
Your marketing department faces numerous rules and regulations set by NCUA and the CFPB. Failure to comply with advertising regulations can result in damaging your brand, and excessive monetary penalties assessed against your credit union. Join nationally recognized credit union attorney Andy Keeney, co-chair of Kaufman & Canoles' credit union team, as he identifies how you can successfully blend marketing and compliance. Andy is a frequent lecturer on a wide variety of credit union marketing topics such as sweepstakes, contests, social media and teaser ads. Register for this important webcast now.
IWMW 2001: Practical Web Strategies: Conflict, Ethics and Your Web Site (5)IWMW
Slides for the workshop session on “Practical Web Strategies: Conflict, Ethics and Your Web Site (5)” (session A3) at the IWMW 2001 event held at Queen's University Belfast on 25-27 June 2001.
See http://www.ukoln.ac.uk/web-focus/events/workshops/webmaster-2001/sessions.html#a3
Acorn Recovery: Restore IT infra within minutesIP ServerOne
Introducing Acorn Recovery as a Service, a simple, fast, and secure managed disaster recovery (DRaaS) by IP ServerOne. A DR solution that helps restore your IT infra within minutes.
This presentation, created by Syed Faiz ul Hassan, explores the profound influence of media on public perception and behavior. It delves into the evolution of media from oral traditions to modern digital and social media platforms. Key topics include the role of media in information propagation, socialization, crisis awareness, globalization, and education. The presentation also examines media influence through agenda setting, propaganda, and manipulative techniques used by advertisers and marketers. Furthermore, it highlights the impact of surveillance enabled by media technologies on personal behavior and preferences. Through this comprehensive overview, the presentation aims to shed light on how media shapes collective consciousness and public opinion.
This presentation by Morris Kleiner (University of Minnesota), was made during the discussion “Competition and Regulation in Professions and Occupations” held at the Working Party No. 2 on Competition and Regulation on 10 June 2024. More papers and presentations on the topic can be found out at oe.cd/crps.
This presentation was uploaded with the author’s consent.
Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...Orkestra
UIIN Conference, Madrid, 27-29 May 2024
James Wilson, Orkestra and Deusto Business School
Emily Wise, Lund University
Madeline Smith, The Glasgow School of Art
0x01 - Newton's Third Law: Static vs. Dynamic AbusersOWASP Beja
f you offer a service on the web, odds are that someone will abuse it. Be it an API, a SaaS, a PaaS, or even a static website, someone somewhere will try to figure out a way to use it to their own needs. In this talk we'll compare measures that are effective against static attackers and how to battle a dynamic attacker who adapts to your counter-measures.
About the Speaker
===============
Diogo Sousa, Engineering Manager @ Canonical
An opinionated individual with an interest in cryptography and its intersection with secure software development.
Have you ever wondered how search works while visiting an e-commerce site, internal website, or searching through other types of online resources? Look no further than this informative session on the ways that taxonomies help end-users navigate the internet! Hear from taxonomists and other information professionals who have first-hand experience creating and working with taxonomies that aid in navigation, search, and discovery across a range of disciplines.
3. What We’ll Cover
1. Freedom of speech
1. Copyright
3. Fair use
4. Trademarks
5
4. What We’ll Cover
5. Libel, slander & defamation
6. Online marketing law
7. SLAPPs
8. Resources
6
5. 2 things to remember:
• Think twice before you hit publish!
• Laws are struggling to keep up with
changes in technology and media
7
6. Legal quiz #1:
If your blog gets caught violating the law —
whether it’s copyright infringement, libel, or a
misleading, overpromising marketing claim,
who’s legally liable?
A) You
B) Your Internet service provider
C) It depends on which state in which
you’ve published
8
10. Freedom of speech
• It’s a misnomer:
No, you can’t really say anything you
damn please on your blog.
• WordPress is so easy to use=its riskiness
• Students and marketers, beware.
12
14. Who’s been called out on
copyright issues?
• MSN bloggers & producers
• Mike Hipple, a very nice Seattle photographer
• Cheezburger Network
• The TODAY Show
• The Seattle Weekly (just yesterday!)
• Roni Loren, Blogher.com (700 posts revised!)
16
18. WordPress & copyright
I agree: “…to not infringe the proprietary
rights, including but not limited to the
copyright, patent, trademark or trade secret
rights, of any third party.”
http://en.wordpress.com/tos/
20
19. Unique photos & attributions
• Using unique photos—and giving proper
credit to photographers—is good for SEO.
• One of Google’s SEO ranking factors is ALT
text. (describe photo + give credit to
photographer)
• http://www.w3schools.com/tags/att_img_alt.asp
21
20. Play nice & remember this guy
Photo of CJ Gunther by Matt Campbell
22
21. Copyright: The good news
• You own the copyright to your blog,
just by having created it.
• Exception: If you’re blogging for a
company.
23
23. Got awesome blog content?
Protect it.
http://www.copyright.gov
25
24. What’s public domain?
It refers to material that can be freely used
based on the date of creation and/or its
creator’s year of death
Disney lobbied to change copyright law to
keep Mickey Mouse out of the public
domain.
26
27. Fair use
Refers to how much of someone’s
copyrighted work you can reproduce without
paying its creator, or first getting written
permission.
It’s usually ok to briefly quote part of
someone else’s writing with attribution
29
29. Be extra careful with:
• Songs & song lyrics
• Recipes (with trademarked ingredients)
• Works of art
• Photos
• Don’t go there: Anything related to
Disney or Gershwin
31
30. Legal quiz #2
What’s probably the fastest way for
a blogger to get into a legal mess?
32
31. Answer:
Music.
Even background music in videos is subject
to takedown notices.
It’s safest to get (& pay for) permission to
use a song via ASCAP or BMI, or create
your own music
33
33. Trademarks: Respect the ®
• If a product or company name is
trademarked, it’s been filed with the U.S.
Trademark Office.
• It can take years for a company or product to
earn registered trademark status. Respect it.
• Give credit to any product names or taglines,
etc. that are marked with ™ or ®. Licensing
fees may apply, too.
35
35. LSD
• A statement isn’t libelous if it’s true—but
you need to be able to prove the truth.
• Laws pertaining to LSD vary by country.
And laws that pertain to your blog are
determined by the country it’s read in, not
the one it’s created or published in.
37
41. Thinking about the future
As software gets smarter, it’ll be even easier
for companies and copyright owners to track
down copyright violations and send cease &
desist warnings.
43
42. Need Legal Help?
1) Nolo Press: http://www.nolo.com
2) Online Media Legal Network:
https://www.omln.org
3) Locally: FocalLaw.com
44
44. Resources 1 of 5
• ASCAP (American Society of Composers, Authors and Publishers), for obtaining
online reproduction rights to many songs :
http://www.ascap.com
&
http://www.ascap.com/~/media/files/pdf/licensing/general/brochures/ascap_keeps_yo
u_in_tune_with_the_copyright_law.pdf
• Copyright terms: https://copyright.cornell.edu/resources/publicdomain.cfm
• Cornell Legal Library: www.law.cornell.edu/
+ legal encyclopedia: http://www.law.cornell.edu/wex
• Defamation: http://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-
29718.html
• Digital Media Law Project: http://www.dmlp.org
46
45. Resources 2/5
• Digital Millennium Copyright Act: http://www.ala.org/advocacy/copyright/dmca
• Doocing: http://corporate.findlaw.com/intellectual-property/dooces-wild-how-
employers-can-survive-the-new-technological.html
https://digital.law.washington.edu/dspace-
law/bitstream/handle/1773.1/190/82washlrev121.pdf?sequence=1
• Electronic Freedom Foundation on intellectual
property:https://www.eff.org/issues/bloggers/legal/liability/IP
• Fair use:
http://fairuse.stanford.edu/overview/fair-use/cases/
• General legal issues for
bloggers:http://weblogs.about.com/od/bloggingethics/tp/Legal-Issues-Bloggers-Must-
Understand.htm
47
48. OMG more resources 5/5
• Disney/Sonny Bono copyright/public domain extensions:
http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act
• & the case where a local firm took on Disney:
http://www.printmag.com/interviews/modern-dog-copyright-and-the-burden-
of-proof/
• Plagiarism prevention:
http://mashable.com/2012/08/29/plagiarism-online-services/
50
Aeron
--And I don’t use exclamation points liberally—each writer gets two a year!
--Publishing is forever!
--Karma is a bitch!
--The Wayback Machine and many web analytics tools can show what was published, even if just for a minute.
--Supreme Court case this week: video streaming
--You may think you don’t need to worry about this stuff—but you should, especially if your goal is to get big and gain a lot of traffic.
--If any of these terms are intimidating, take that as your instincts kicking in.
--When in doubt, get legal advice
--Nordstrom ran every single blog post (and website update) through their in-house legal team before publishing.
Not every company can afford to do this—startups especially—which is all the more reason to be careful and know what you’re potentially getting into, legally.
--**International laws!! Your blog is subject to the laws of the country in which it’s read, not created. 8-0
--ISPs got smart & demanded that they no longer be liable (2008)
This is (partly!) why lawyers are paid so much.
Also: It’s illegal to tape record or video record people without permission in some states, FYI for anyone interviewing.
If you want to cure insomnia, check out Nolo.com’s page on copyright
--This photo source is one of the open source options I list in the references & resources.
Also see: Libel
--It’s a Constitutional right—First Amendment—but has its limits
--Not even going to cover obscenity law…sorry!
--LSD, and obscenity law of course are parts of FoS that are limited.
--As awesome as the constitution is, the First Amendment is one of the most problematic amendments…
(did you know you can watch porn in SPL? Legally?)
(Just this week, the Supreme Court ruled a video-streaming company was illegal & it’s getting shut down.)
http://www.npr.org/blogs/thetwo-way/2014/06/25/325488386/tech-firm-aereo-performs-an-illegal-service-supreme-court-says
--Students are NOT fully protected by Freedom of Speech, but often aren’t aware they’re not. This used to pertain only to where printed publications were distributed, but with the rise of
electronic distribution, schools are cracking down.
DETAILS:
Hazelwood vs Kuhlmeier, a case of the school paper printing stories about teen pregnancy & divorce. Student publications are seen as educational activities, not public forums, and are therefore subject to stricter limitations on freedom of speech
http://en.wikipedia.org/wiki/Hazelwood_School_District_v._Kuhlmeier
Spurred by Vietnam: Tinker v. Des Moines Indept. Sch. Dist., 393 U.S. 503, 506 (1969). School upset about anti-Vietnam demonstration on campus. If a publication “disrupts school discipline,” the students’ freedom of speech rights can be restricted.
Lewd communications were restricted in 1986: Bethel Sch. Dist. v. Fraser, 478 U.S. 675, 683-86 (1986), right near us in Pierce County, WA.
http://en.wikipedia.org/wiki/Bethel_School_District_v._Fraser
http://aclj.org/education/student-free-speech-rights
--Employees of various companies may not be allowed to blog on their own time, either—depends on your contract.
--This limitation on students includes college students! **Rights depends on where the publication is distributed **Even if there’s no libel involved. Rapes, college administration issues, etc. are especially prone to censorship.
When it comes to copyright, don’t be oblivious.
--Copyright law: This is where intellectual property lawyers get involved.
--Copyright is confusing!! http://www.nolo.com/legal-encyclopedia/copyright-basics-faq-29079-4.html
If you have insomnia:
All works published in the United States before 1923 are in the public domain -- that is, not protected by copyright law.
Works published after 1922 but before 1978 are protected for 95 years from the date of publication. But if the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years.
If the author died over 70 years ago and the work was never published, copyright terminated on December 31, 2002. If the author died over 70 years ago, and a previously unpublished work was published before December 31, 2002, the copyright will last until December 31, 2047.
--How to copyright your own work?
Publication date is important
--register with the copyright office, but expect a wait!
--You can contact ASCAP, one of the major music licensing houses, to purchase rights to a song.
--Just a few examples!!
--MSN: Freelance bloggers fired! Fashion Week coverageSteven Meisel photo used without permission or credit PLUS an uncomplimentary quotation about is latest collection
--MSN: Fired a freelance writer for “accidentally recycling” copy from Esquire (plagiarism)
--TODAY Show: Interviewing people at Starbucks, with background music running. Videos pulled from distribution.
--Harrod’s: April Fool’s joke that fooled the Wall Street Journal into thinking a stock price crisis was imminent
--Roni Loren: Using photos without permission (see Resources for URL). Updated 700 blog posts!!
--Cheezburger: Getting cease and desist letters from Matt Damon’s agent
**Seattle Weekly “borrowed” a photo yesterday and Capitol Hill blog called them on it
*=over 40 words
If you’ve cropped out a watermark, you’ve ripped off someone.
Getty Images: Going warning letters are asking for $8.000 or more for image use violations.
Mike Hippel: $60,000
Just bc your blog is little, don’t think like a small-potatoes operation. Act like your blog has 20,000 followers (because that’s where you’d like to be someday, right?)
Just because everyone else seems to be “borrowing” photos and image doesn’t mean you should.
This is also true for attributions for stock photos.
**invisible watermarks
This is CJ Gunther, a professional photographer, shooting the Vancouver Olympics.
Note he’s far from home freezing his ass off, and carrying a camera that weighs more than a small child.
If you’ve ever cropped out a watermark, remember this: there are invisible watermarks. He works for the European Press Agency, and also runs a photography business on the side.
If you copy photos on the Internet, you’re ripping off nice people like CJ, and doing a disservice to all web content creators.
Also—karma is a bitch. Think about that before you “borrow” a photo or crop out a watermark.
*: If you created it for your company, they own the rights.
Especially for awesome photos
Especially for an extra-awesome post (esp. if you want to turn it into a book)
**Make a recurring appointment on your phone to update it every Dec. 31. !!
**cheap, but the wait is about 9 months
https://wordpress.org/plugins/dmrightscom-content-copyright-protection/
https://wordpress.org/plugins/digiproveblog/faq/
-- Copyrights aren’t always labeled, but that doesn’t mean something is in the public domain!
The estate of Sonny Bono, Cher’s ex-husband, was also involved in this
NEED A PH.D. to keep track of this craziness. Confusing as hell.
DON”T DARE use any images of Disney
--Think of it as the opposite of copyrigth
*Fair use: A legally squidgy area, so watch it.
40 words of a novel or book, or less than that for an article
it’s taken on a case-by-case basis, depending on the length of the work, and is subject to legal interpretation, so watch it.
http://fairuse.stanford.edu/overview/fair-use/cases/
In doubt? Don’t use it or contact a lawyer
Actually a wicked interesting site…
JD Salinger, Harry Potter, Prince…interesting & good stuff here
Not as bad as it sounds…
(Hooray Washington state for having legislated protections for you!)
May be incurred by bloggers who raise the ire of developers, politicians, etc.
Example: Blogging about Ballard’s out of control housing construction could raise the ire of the construction company, who could file a suit claiming slander or libel…
Criticizing a politician could also get you
Invisible watermarks
Photo- and face-recognition software advances
http://fairuse.stanford.edu/overview/fair-use/cases/
More fair use:
http://www.blogher.com/bloggers-beware-you-can-get-sued-using-photos-your-blog-my-story
--Marketing claims must be substantiated!
--Push marketing (e.g.: emails or newsletters that you send to customers or people who’ve requested them) are covered more strictly than pull marketing (ads that people merely stumble across, such as an online ad). Be careful of email subject lines to not overpromise!
--ASCAP is supporting the Songwriter Equity Act: http://www.ascap.com/playback/2014/05/wcm-blog/shannon-hurley-pandora-sea.aspx
--Contests are now on the Federal Trade Commission’s radar due to the proliferation of Internet (esp. Facebook!) contests.
--Recording phone conversations can be important---it seems to be a trick among (insecure) celebrities.
If a source asks you to run your article or post by them before publication, and they don’t like one or more direct quotes, and you say that you have the conversation tape recorded (without permission), they can renege and demand that you not publish the piece.
These are also pretty affordable!
More on Getty Images’ take-down notices: http://www.avvo.com/legal-answers/cease-and-desist-letter-received-from-getty-images-5053.html