The document discusses the intersection of law and social media, highlighting issues such as free speech rights in schools, defamation, intellectual property rights, copyrights, and business contracts online. It explains the legal protections for personal expression and potential liabilities for online content, including the responsibilities of bloggers and businesses regarding trademark and copyright infringement. Additionally, it emphasizes the importance of monitoring brand reputation and understanding the implications of online communications.

1. Law and the Social WebKaren Evans, JD

2. DisclaimerPhoto: Nikkitambo via flickr http://www.flickr.com/photos/nikkitambo/4163252701/

3. Free Speech OnlineDo ISPs/networking sites violate your 1st Am rights when they terminate your account/change items for violating ToS? (e.g., HJ_Heinz to NOTHJHeinz)

4. What if your child’s school suspends her for speech on Facebook, etc.?

5. Can you say anything you want online?Free Speech OnlineSince public schools are government actors, they have to respect rights to free speechIf speech involves prohibited conduct (drug use, etc.), probably okay for school to enforce rulesIf speech involves opinion (“Mrs. X sucks”), probably not okay for school to enforce – but this is a developing area still

6. Free Speech OnlineDefamation (ex: Horizon Realty)False statement of fact, made negligently or with intent to harmAbout another person/company (“changing names to protect the innocent” might not help)That is harmful to that person/companyAnd is published to at least one 3rd partyDefense: Truth

7. Free Speech OnlineDefamation of a public figure:“Public figure” can mean what you think it means (government official, celebrity, etc.) or a “limited purpose public figure” (someone w/ access to media, who voluntarily put self in a controversy)Public figure plaintiff must prove actual malice

8. Free Speech OnlineWhat if someone defames another person on my blog or community site?You’re protected as long as you didn’t personally select that comment/material for publicationNo liability if user simply postsProbably no liability if you tend to edit/remove posts

9. IP Issues: TrademarksStarbucks, McDonald’s and 7-Eleven marks are property of their respective owners.

10. IP Issues: TrademarksMore than 1 person can own the same mark for unrelated goods(e.g., SABRE for boats and spectrometers)It’s all about first use in commerce(courts may allow 2 users for same mark, but divide geographic territory)

11. IP Issues: TrademarksCommon law trademarks: The Gene & Betty Hoots storyBurger King logos are trademarks of respective owners. Photo by Jeremy Hobson for Marketplace http://marketplace.publicradio.org/display/web/2007/11/27/burger_king/

12. IP Issues: Protecting Your MarkDon’t misuse it or you might lose itRisk: Genericide (aspirin, trampoline)Risk: Losing rights (abandonment)Monitor (Google Alerts, Twitter search, etc.) and warn infringersEnforce (ask nicely, C&D letters, arbitration through ICANN’s UDRP, civil suit)

13. IP Issues: CybersquattingAnti-Cybersquatting Protection ActCan’t register a domain name containing another person’s name (or trademark) with bad faith intent to profitDoes not prevent “gripe sites” (www.googlesux.com)

14. IP Issues: Using Others’Twitter is a registered trademark of Twitter, Inc. and Facebook is a registered trademark of Facebook, Inc.http://www.flickr.com/photos/saz2k45/2942984114/

15. IP Issues: CopyrightA Copyright is…A Copyright is not…Rights: Exclusive right to publish, modify, license, etc. for the life of the author plus 70 yearsImage from flickr user MikeBlogs http://www.flickr.com/photos/mikeblogs/3020966666/

16. IP Issues: Copyright – Using Others’Best practice: ask permissionApplies to photographs, blog posts, articles, sound recordings, etc.Licenses/assignments require a “signed writing”

17. IP Issues: CopyrightsBloggers’ concernsInfringement by others (have terms on your site explaining whether others are free to share; can use CC license, too)Liability for commenters/users infringing on your site (Sec 230 applies here, too)Reproducing articles in their entirety (refrain)

18. IP Issues: Copyrights – Fair UseA defense, not a rightCourts consider:Purpose and character of the useNature of the copyrighted workAmount of the work used vs work as a wholeEffect of the use upon potential market value for the copyrighted work

19. I can put this logo here to talk about the show…But I can’t create a Seinfeld Aptitude Test book and sell itIP Issues – Copyright – Fair Use

20. IP Issues: Trade SecretsSocial media encourages more employees to use their voice – the risk is the one-to-many communications could result in intellectual property being compromised.

21. Issues in the WorkplaceEmployee posts on social media sites may constitute constructive notice of harassment…

22. Issues in the Workplace…perhaps especially if employer claims to monitor employee use of social media

23. Doing Business Online: ContractsMost types of contracts do not need to be in writing.

24. Exceptions include sale of goods for more than $500, contracts that cannot be performed within one year, and promises to pay someone else’s debt

25. Still, always best to get it on paper while the relationship is still goodDoing Business Online: ContractsTerms of Service on a website – if a link is available, and they are fair, are enforceable. Just be careful when changing them, and try to have a click-through agreement if practicable

26. Contracts must have definite terms – so they can be formed through e-mail and other communication media Doing Business Online: FTC DisclosuresKaren’s Food BlogMy Doritos ExperienceThey were AWESOME!(I didn’t even open them) They made my hair 10 times thicker!!(No, no they didn’t)(oops…forgot to mention that Doritos sent them to me for free…)Doritos is a registered trademark of FritoLay, who hasn’t given me any for free. Yet.

27. “What happens in Vegas stays on Google” – Scott Monty…and on your hard drive. Tweets, Facebook posts and other communications are subject to electronic discovery rules

28. Lessons LearnedThink before you put your message out thereDisclose relationships when necessaryWatch out for infringement – and infringersLet your employees talk, but be aware of what’s going onMonitor your brand

29. Questions?Karen Evans, JDe.mail: kevans@ltu.eduTwitter: @KarenEvansTMMany thanks to PriyaMarwahDoornbos of PMD Legal e.mail: priya@pmdlegal.com and the SMCD organizers

30. Do you have any questions?Thank you.