Social Media: Implications for Intellectual Property Lawblaine_5
With the rise of social media comes the rise of user-generated content that infringes the intellectual property rights of others. Learn about areas of concern such as defamation, patent, copyright, trademark and trade secret, how to establish effective social media policies for clients that prevent infringement, and how to educate your client to control and monitor use of their IP in social media.
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.
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.
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
Social Media: Implications for Intellectual Property Lawblaine_5
With the rise of social media comes the rise of user-generated content that infringes the intellectual property rights of others. Learn about areas of concern such as defamation, patent, copyright, trademark and trade secret, how to establish effective social media policies for clients that prevent infringement, and how to educate your client to control and monitor use of their IP in social media.
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.
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.
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
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
Friends, Faux Pas, Tweets and Traps: How Elected Officials Can Use Social Med...Walter Neary
These are slides from a 75-minute presentation sponsored by the Association of Washington Cities and the cities of Everett and Lakewood. You can hear the webinar recording through a link at http://www.awcnet.org/portal/studionew.asp?Mode=b1&WebID=1&UID=&MenuActionTypeID=81&MenuActionParm=31&OriginPage=/portal/studionew.asp&EDate=&ChannelLinkID=8716
The YouTube video that is referenced in the segment is at http://www.youtube.com/watch?v=AcW1OebCf-w
These slides were prepared by Ramsey Ramerman, assistant city attorney, Everett, and Walter Neary, city councilman in Lakewood, Washington. The slides were designed by the folks at http://cornerstoneleadershiponline.com/
The March conference referenced toward the end is OpenGovWest: http://opengovwest.wordpress.com/
Your professional reputation online matters. This presentation explains who is using the internet and social media in the United States, opportunities for lawyers to connect online, the harm that may result from not claiming your firm's social media profile and what to do when faced with negative criticism.
Trademark Partners Catherine Holland and Jeff Van Hoosear recently authored "To Tweet or Not to Tweet - Social Media and Intellectual Property Issues" for the Orange County Business Journal.
An introduction so various technologies for parents. Included are: Home Computers, Viruses, Safe Web Surfing, Social Networks, Cell Phones and Texting, and Reputation Management.
Tech-Smart Parents and Preschoolers
There's plenty of focus on safety for teens and pre-teens online. But what about the youngest techies? Did you know that over 6% of kids in the US have social network profile... at birth! How do online technologies effect preschoolers? We’ll talk about: your home computer, tablets and smartphones, web surfing, games and social networks. This talk is for digital natives, digital immigrants, parents, or anyone who would like to learn more about these technologies!
This training will help you navigate the copyright, fair use, and usage rights of including third-party content in your digital project. Whether you seek to embed video from other sources for analysis, post material you scanned from a visit to the archives, add images, upload documents, or more, understanding the basics of copyright and discovering a workflow for answering copyright-related digital scholarship questions will make you more confident in your publication. We will also provide an overview of your intellectual property rights as a creator and ways to license your own work.
The workshop was delivered over Zoom on November 10, 2020.
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
Friends, Faux Pas, Tweets and Traps: How Elected Officials Can Use Social Med...Walter Neary
These are slides from a 75-minute presentation sponsored by the Association of Washington Cities and the cities of Everett and Lakewood. You can hear the webinar recording through a link at http://www.awcnet.org/portal/studionew.asp?Mode=b1&WebID=1&UID=&MenuActionTypeID=81&MenuActionParm=31&OriginPage=/portal/studionew.asp&EDate=&ChannelLinkID=8716
The YouTube video that is referenced in the segment is at http://www.youtube.com/watch?v=AcW1OebCf-w
These slides were prepared by Ramsey Ramerman, assistant city attorney, Everett, and Walter Neary, city councilman in Lakewood, Washington. The slides were designed by the folks at http://cornerstoneleadershiponline.com/
The March conference referenced toward the end is OpenGovWest: http://opengovwest.wordpress.com/
Your professional reputation online matters. This presentation explains who is using the internet and social media in the United States, opportunities for lawyers to connect online, the harm that may result from not claiming your firm's social media profile and what to do when faced with negative criticism.
Trademark Partners Catherine Holland and Jeff Van Hoosear recently authored "To Tweet or Not to Tweet - Social Media and Intellectual Property Issues" for the Orange County Business Journal.
An introduction so various technologies for parents. Included are: Home Computers, Viruses, Safe Web Surfing, Social Networks, Cell Phones and Texting, and Reputation Management.
Tech-Smart Parents and Preschoolers
There's plenty of focus on safety for teens and pre-teens online. But what about the youngest techies? Did you know that over 6% of kids in the US have social network profile... at birth! How do online technologies effect preschoolers? We’ll talk about: your home computer, tablets and smartphones, web surfing, games and social networks. This talk is for digital natives, digital immigrants, parents, or anyone who would like to learn more about these technologies!
This training will help you navigate the copyright, fair use, and usage rights of including third-party content in your digital project. Whether you seek to embed video from other sources for analysis, post material you scanned from a visit to the archives, add images, upload documents, or more, understanding the basics of copyright and discovering a workflow for answering copyright-related digital scholarship questions will make you more confident in your publication. We will also provide an overview of your intellectual property rights as a creator and ways to license your own work.
The workshop was delivered over Zoom on November 10, 2020.
Presentation on two multi-family housing projects in Philadelphia that employed green infrastructure to capture stormwater from 100% of the site and which generated increased profits and sales, as compared to conventional development.
"What Could Go Wrong?" - We're Glad You Asked!Shawn Tuma
Dallas cybersecurity and data privacy attorney Shawn Tuma delivered this presentation on social media law to Social Media Breakfast on February 22, 2018.
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.
Media law for community journalists and bloggersjtownend
A presentation given to participants at the Community Journalism Conference, Cardiff University, 16 January 2013, setting out the legal landscape for online publishers and asking for responses to a survey
Plagiarism, Copyright and Fair Use in Business Communicationsschubert b2b
Copyright and Fair Use: Learn how to toe the line in business communications without crossing it. This presentation will give you the basics on what you need to know about copyright and plagiarism when it comes to any business writing, including marketing communications, website and advertising copy, PowerPoint slides and proposals.
Green America presents The Open Brand: Beyond Green WashingEarthsite
Sustainability Marketing in a World of Radical Transparency.
Social media technology is driving the shift towards a more open culture, a more open government, and most notably, a more open way of marketing. People are Twittering about your brand right now and the way you respond today will determine the future of brand management.
At the same time, corporate sustainability marketing initiatives are getting labeled as green washing because they lack transparency that is foundational to building authentic brand trust.
In this talk, you will learn how to leverage social media technology to be an Open Brand leader, transcending green washing and building trusted relationship with your customers. See current case studies of corporate green initiatives that have succeeded and failed. Learn how to show your green, authentically.
Epistemic Interaction - tuning interfaces to provide information for AI supportAlan Dix
Paper presented at SYNERGY workshop at AVI 2024, Genoa, Italy. 3rd June 2024
https://alandix.com/academic/papers/synergy2024-epistemic/
As machine learning integrates deeper into human-computer interactions, the concept of epistemic interaction emerges, aiming to refine these interactions to enhance system adaptability. This approach encourages minor, intentional adjustments in user behaviour to enrich the data available for system learning. This paper introduces epistemic interaction within the context of human-system communication, illustrating how deliberate interaction design can improve system understanding and adaptation. Through concrete examples, we demonstrate the potential of epistemic interaction to significantly advance human-computer interaction by leveraging intuitive human communication strategies to inform system design and functionality, offering a novel pathway for enriching user-system engagements.
Key Trends Shaping the Future of Infrastructure.pdfCheryl Hung
Keynote at DIGIT West Expo, Glasgow on 29 May 2024.
Cheryl Hung, ochery.com
Sr Director, Infrastructure Ecosystem, Arm.
The key trends across hardware, cloud and open-source; exploring how these areas are likely to mature and develop over the short and long-term, and then considering how organisations can position themselves to adapt and thrive.
Essentials of Automations: Optimizing FME Workflows with ParametersSafe Software
Are you looking to streamline your workflows and boost your projects’ efficiency? Do you find yourself searching for ways to add flexibility and control over your FME workflows? If so, you’re in the right place.
Join us for an insightful dive into the world of FME parameters, a critical element in optimizing workflow efficiency. This webinar marks the beginning of our three-part “Essentials of Automation” series. This first webinar is designed to equip you with the knowledge and skills to utilize parameters effectively: enhancing the flexibility, maintainability, and user control of your FME projects.
Here’s what you’ll gain:
- Essentials of FME Parameters: Understand the pivotal role of parameters, including Reader/Writer, Transformer, User, and FME Flow categories. Discover how they are the key to unlocking automation and optimization within your workflows.
- Practical Applications in FME Form: Delve into key user parameter types including choice, connections, and file URLs. Allow users to control how a workflow runs, making your workflows more reusable. Learn to import values and deliver the best user experience for your workflows while enhancing accuracy.
- Optimization Strategies in FME Flow: Explore the creation and strategic deployment of parameters in FME Flow, including the use of deployment and geometry parameters, to maximize workflow efficiency.
- Pro Tips for Success: Gain insights on parameterizing connections and leveraging new features like Conditional Visibility for clarity and simplicity.
We’ll wrap up with a glimpse into future webinars, followed by a Q&A session to address your specific questions surrounding this topic.
Don’t miss this opportunity to elevate your FME expertise and drive your projects to new heights of efficiency.
LF Energy Webinar: Electrical Grid Modelling and Simulation Through PowSyBl -...DanBrown980551
Do you want to learn how to model and simulate an electrical network from scratch in under an hour?
Then welcome to this PowSyBl workshop, hosted by Rte, the French Transmission System Operator (TSO)!
During the webinar, you will discover the PowSyBl ecosystem as well as handle and study an electrical network through an interactive Python notebook.
PowSyBl is an open source project hosted by LF Energy, which offers a comprehensive set of features for electrical grid modelling and simulation. Among other advanced features, PowSyBl provides:
- A fully editable and extendable library for grid component modelling;
- Visualization tools to display your network;
- Grid simulation tools, such as power flows, security analyses (with or without remedial actions) and sensitivity analyses;
The framework is mostly written in Java, with a Python binding so that Python developers can access PowSyBl functionalities as well.
What you will learn during the webinar:
- For beginners: discover PowSyBl's functionalities through a quick general presentation and the notebook, without needing any expert coding skills;
- For advanced developers: master the skills to efficiently apply PowSyBl functionalities to your real-world scenarios.
The Art of the Pitch: WordPress Relationships and SalesLaura Byrne
Clients don’t know what they don’t know. What web solutions are right for them? How does WordPress come into the picture? How do you make sure you understand scope and timeline? What do you do if sometime changes?
All these questions and more will be explored as we talk about matching clients’ needs with what your agency offers without pulling teeth or pulling your hair out. Practical tips, and strategies for successful relationship building that leads to closing the deal.
JMeter webinar - integration with InfluxDB and GrafanaRTTS
Watch this recorded webinar about real-time monitoring of application performance. See how to integrate Apache JMeter, the open-source leader in performance testing, with InfluxDB, the open-source time-series database, and Grafana, the open-source analytics and visualization application.
In this webinar, we will review the benefits of leveraging InfluxDB and Grafana when executing load tests and demonstrate how these tools are used to visualize performance metrics.
Length: 30 minutes
Session Overview
-------------------------------------------
During this webinar, we will cover the following topics while demonstrating the integrations of JMeter, InfluxDB and Grafana:
- What out-of-the-box solutions are available for real-time monitoring JMeter tests?
- What are the benefits of integrating InfluxDB and Grafana into the load testing stack?
- Which features are provided by Grafana?
- Demonstration of InfluxDB and Grafana using a practice web application
To view the webinar recording, go to:
https://www.rttsweb.com/jmeter-integration-webinar
Let's dive deeper into the world of ODC! Ricardo Alves (OutSystems) will join us to tell all about the new Data Fabric. After that, Sezen de Bruijn (OutSystems) will get into the details on how to best design a sturdy architecture within ODC.
Kubernetes & AI - Beauty and the Beast !?! @KCD Istanbul 2024Tobias Schneck
As AI technology is pushing into IT I was wondering myself, as an “infrastructure container kubernetes guy”, how get this fancy AI technology get managed from an infrastructure operational view? Is it possible to apply our lovely cloud native principals as well? What benefit’s both technologies could bring to each other?
Let me take this questions and provide you a short journey through existing deployment models and use cases for AI software. On practical examples, we discuss what cloud/on-premise strategy we may need for applying it to our own infrastructure to get it to work from an enterprise perspective. I want to give an overview about infrastructure requirements and technologies, what could be beneficial or limiting your AI use cases in an enterprise environment. An interactive Demo will give you some insides, what approaches I got already working for real.
UiPath Test Automation using UiPath Test Suite series, part 3DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 3. In this session, we will cover desktop automation along with UI automation.
Topics covered:
UI automation Introduction,
UI automation Sample
Desktop automation flow
Pradeep Chinnala, Senior Consultant Automation Developer @WonderBotz and UiPath MVP
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Search and Society: Reimagining Information Access for Radical FuturesBhaskar Mitra
The field of Information retrieval (IR) is currently undergoing a transformative shift, at least partly due to the emerging applications of generative AI to information access. In this talk, we will deliberate on the sociotechnical implications of generative AI for information access. We will argue that there is both a critical necessity and an exciting opportunity for the IR community to re-center our research agendas on societal needs while dismantling the artificial separation between the work on fairness, accountability, transparency, and ethics in IR and the rest of IR research. Instead of adopting a reactionary strategy of trying to mitigate potential social harms from emerging technologies, the community should aim to proactively set the research agenda for the kinds of systems we should build inspired by diverse explicitly stated sociotechnical imaginaries. The sociotechnical imaginaries that underpin the design and development of information access technologies needs to be explicitly articulated, and we need to develop theories of change in context of these diverse perspectives. Our guiding future imaginaries must be informed by other academic fields, such as democratic theory and critical theory, and should be co-developed with social science scholars, legal scholars, civil rights and social justice activists, and artists, among others.
Search and Society: Reimagining Information Access for Radical Futures
Social Media - the legal risks (AIM)
1. Social Media – The legal risks and
how to overcome them
Jamie White
2. Welcome
• What is Social Media?
• The laws impacting upon Social Media
• Case Studies
• Useful tips
• Summary
3.
4. What is Social Media?
• In general terms, involves the communication of published
matter among users of a particular media service or
„portal‟.
• Social media also includes other forums, which facilitate
communication, dialogue and interactive engagement of
members.
5. Popular forms of Social
Media
Facebook YouTube Twitter
social networking online video sharing online micro-blogging
service service service
900 million users 490 million users 250 million users
LinkedIn Pinterest
business-oriented virtual pin board
social networking service
service 12 million users
175 million users
6. Social Media – the positives and
negatives
Upside of Social Media Downside of Social Media
• New way to interact with • Mass audience
customers • News travels quickly
• Mass audience • Potential for damage to
• Instant publication brand
• News travels quickly • Legal liability
• Improve branding • Takes on persona of
author
7. Relevant Laws
Laws that often come in to play relate to:
• Defamation
• Trade practices
• Employment
• Copyright
• Trade marks
• Privacy
8. Defamation
What is defamation?
A cause of action, which involves
publication of material that unfairly
attributes the reputation of another.
9. Defamation
How to establish defamation?
• Someone must have made a defamatory statement;
• The statement must have identified the person claiming
defamation; and
• The statement must have been published.
10. Defamation
Can a business be defamed?
• Must have less than ten employees or be a non-profit
organisation.
• If ten or more employees, the tort of injurious falsehood will be the
relevant cause of action.
How to establish injurious falsehood?
• The statements made must be false;
• The statements must have been made with malice; and
• The statements must have caused damage.
11. Defamation: Case Studies
• Facebook – Christopher Cross (19 years of age)
• First Australian case to deal with social media.
• Cross posted false and malicious material about a police officer.
• Pleaded guilty to criminal defamation charges.
• Second person in S.A. to be convicted of this charge.
• Cross – “didn‟t realise you could get in trouble for things on the
internet”.
• Twitter– Marieke Hardy (TV personality)
• Hardy wrongly identified Meggitt as being author of “hate blog”.
• Hardy, via Twitter, named and shamed Meggitt.
• Meggitt sued Hardy for defamation.
• Confidential settlement was reached between Hardy and Meggitt.
• Meggitt is suing Twitter for defamation (as publisher) - first time under
Australian law.
12. Trade Practices
Competition and Consumer Act 2010 (formerly the Trade
Practices Act 1974)
• Objective - to enhance the welfare of Australians through
the promotion of competition and fair-trading and
provision for consumer protection.
• Most common provision relate to misleading and
deceptive conduct.
13. Trade Practices: Case Study
NEWSFLASH!
• Facebook – Smirnoff
• Re third party comments left on Facebook page
• Complaint made to the Advertising Standards Board (ASB)
• Re „fan‟-generated obscenity, racism, sexism and depictions of
irresponsible drinking
• Smirnoff has obligation to police the activity of „fans‟ on its Facebook
page
• Cited ACCC v Allergy Pathways (2011) – ASB is capable of holding
Smirnoff liable
• Smirnoff – Facebook page is a networking tool, rather than a
medium for advertising
• ASB – A company‟s Facebook page is a marketing tool if used “to
draw the attention of a segment of the public to a product in a
manner calculated to promote or oppose the product.”
14. Trade Practices: Case Study
• Implications of this case:
• Using social media for promotion of products means legal
scrutiny, particularly relating to:
• advertising and marketing standards; and
• misleading and deceptive conduct.
• Owner of Facebook page is responsible for ALL content posted.
15. Trade Practices: Case Study
Facebook and Twitter – Allergy Pathway Pty Ltd (AP)
• 2009 – ACCC brought a successful action against AP re
false product testimonials.
• In addition to other undertakings, AP undertook to not
make false representations for a period of three years.
• 2010 – AP breached undertakings.
• AP and Director in contempt of court.
• Key issue: whether AP could be held responsible for posts
made third by parties on AP‟s Twitter pages and
Facebook wall?
• Court held: YES – AP knew that persons had published
the false testimonials and did not take steps to remove
them.
• Consequence: Company and sole director fined $7,500
16. Employment
• Social media sites are gradually blurring the line between
employees‟ private lives and their employment.
• Employers are realising that the workplace extends far
beyond the office or physical workplace.
• There is increasing concern about the ability to control
what employees post on social media websites and the
impact of this on their business reputation and employee
relationships.
• Employers beware – recent decisions by Fair Work
Australia acknowledge that there may be a connection
between employment and an employee‟s social media
activities. However, certain requirements must be met
before termination is considered justifiable
17. Employment: Case Studies
Facebook – Damien O‟Keefe
• Rant against his employer – via his own computer on his day off.
• Employment terminated (The Good Guys).
• Action for unfair dismissal – unsuccessful.
• Employer had policies in place.
Twitter – Catherine Deveny
• Journalist for „The Age‟ Newspaper.
• Distasteful tweets at Logies re Bindy Irwin.
• Termination of employment.
• Ms Deveny - “Just like passing notes in class”.
Excessive use of social media – Richard O‟Connor
• 3000 „chats‟ online via Gmail „Chat‟.
• Termination of employment.
• Unfair dismissal claim.
• Employer failed to follow FWA directions.
• Commissioner – “...excessive use of social media could result in
termination”.
18. Trade Marks
What is a trade mark?
• Letter, word, name, signature, numeral, device, brand, he
ading, label, ticket, aspect of
packaging, shape, colour, sound or scent, or any
combination of these.
• A trade mark is used to distinguish the goods or services
of one trader from those of other traders.
19. Trade Marks
What is trade mark infringement?
• Trade mark infringement occurs where a person, without
the consent of the owner, uses a trade mark that is the
same (or similar to) that registered trade mark in relation
to similar goods or services.
• Examples of trade mark infringement
20. Copyright
What is copyright?
• Copyright protects the form of expression of ideas, but not
the ideas themselves.
• Copyright protects original artistic, literary, musical and
dramatic works.
• Copyright often relates to books, website
copy, proposals, manuals, photographs, illustrations and
sound recordings.
21. Copyright
What is copyright infringement?
• Copyright infringement takes place where a
person, without the authorisation of a copyright
owner, does any of the following acts with respect to a
substantial part of an original work:
• reproduces a work in material form;
• publishes a work;
• performs a work in public;
• communicates a work in public; or
• makes an adaptation of a work.
22. Copyright
What is a substantial part?
• Quality, rather than quantity.
• Court cases provide guidance here.
• No „10%‟ rule – Myth!
• What is an insubstantial part?
• 'Help-Help-Driver-in-Danger-Call-Police-Ph.000‟ (the „Help
Phrase‟).
• Court held: The Help Phrase is “no more than a simple instruction”.
• Consequence: No copyright in the Help Phrase.
23. What about copyright in a „tweet‟?
• Does a 140-character message amount to an “original
literary work”?
• Not likely – too insubstantial to attract copyright protection.
• What about a Twitter „feed‟?
• Perhaps.
• In any case, pursuant to Twitter‟s Terms of Service:
• A „Tweeter‟ issues Twitter with a licence to use content, including
the right to sub-licence; and
• Twitter issues a sub-licence for other people to retweet the original
message.
24. Privacy
• No right to privacy in Australia.
• The Privacy Act 1988 (Cth) (the Act)
• The Act applies to businesses with annual turnover exceeding
$3,000,000.
• Under the Act, “personal information” means information or opinion
(whether true or not), about an individual, whose identity is
apparent, or can be reasonably ascertained, from the information or
opinion.
25. Privacy
• National Privacy Principles (contained in the Act) regulate
matters such as:
• the collection of personal information;
• the use and disclosure of personal information;
• data quality and security;
• openness, access and correction;
• trans-border data flow.
26.
27. Taking action against third parties
Three main ways to take action:
1. Directly via prescribed channels.
2. Use of „cease and desist‟ letters.
3. Via court action.
28. Prescribed Channels
Facebook
• Action – file a notice of intellectual property infringement
with Facebook.
• Possible outcomes:
• Prompt removal or disabling of access to infringing content; and/or
• Termination of the accounts of repeat infringers.
29. Prescribed Channels
YouTube
• Action – file an official copyright infringement notification
with YouTube.
• Possible outcome:
• Claimant information will be published on YouTube website in place
of disabled content.
• Publisher has an opportunity to file a „Counter-notification‟.
30. Prescribed Channels
Pinterest
Re copyright:
• Action – file a DMCA Notice of Alleged Infringement with
Pinterest‟s Designated Copyright Agent.
• Possible outcomes:
• Pinterest will take whatever action, in its sole discretion, it deems
appropriate, including removal of the challenged material from the
website.
• Publisher has an opportunity to file a „Counter-Notice‟.
31. Prescribed Channels
Pinterest
Re trade marks:
• Action – notify Pinterest of infringement via the Trademark
Complaint Form.
• Possible outcomes:
• Accounts with usernames, Pin Board names, or any other content
that misleads others or violates another‟s trademark may be
updated, transferred or permanently suspended.
• If infringement takes place on the Pinterest website, Pinterest will
review your submission and take whatever action, in its sole
discretion, it deems appropriate, including temporary or permanent
removal of the trademark from the Pinterest website.
32. Caution regarding false claims
False claims re copyright or trade mark
infringement may amount to a „groundless
threat‟:
• a declaration re no grounds for making the
threat;
• an injunction re further threats;
• an action against you for „damages‟; and/or
• an „unjustified threat‟ under legislation.
33. Pinterest: Hot Issue
• By providing the platform (the
Pinterest website), is Pinterest
authorising copyright infringement?
• In 2005, the court held in two separate
cases that the providers of websites
and software, which assisted copyright
infringement to take place, will amount
to authorisation of copyright
infringement.
• Parallels?
34. „Cease and Desist‟ Letters
• Place the infringing party on notice.
• Cause them to „cease and desist‟ infringing conduct
(demand compliance).
• Serve as evidence to a dispute.
35. Court Action
• Seek remedies from a court.
• Court action should be used as a last resort
(expensive, stressful and disruptive to business).
36. Reducing Legal Risk
• Social Media Terms.
• Social media training (education).
• Social Media Policies.
37. Reducing Legal Risk
Social Media Terms
• A document to manage legal risks and liabilities
associated with your social media pages.
• It sets out terms and conditions upon which a person
must observe and comply when:
• posting content on your social media pages;
• engaging in discussions on your social media pages;
• interacting with others on your social media pages; and
• if applicable, purchasing goods or services via your social media
pages.
• Displayed via a prominent link on your website.
38. Reducing Legal Risk
Social Media Training
• Train employees to ensure they understand how to
engage safely and within the company‟s guidelines and
strategy.
• Failure to train employees may expose your company to
risks, including damage to brand and/or reputation and
employment disputes.
• Train key people within your organisation to pass on
information to others or train all employees.
39. Reducing Legal Risk
Social Media Policies
• Social media can be addictive, time consuming and
sometimes, a drain on employer resources.
• An effective Social Media Policy will:
• manage use of social media by employees;
• increase the productivity of employees;
• reduce the risk of damage to the reputation of a business;
• reduce the risk of wasted resources due to excessive use of social
media;
• define acceptable and prohibited use of social media in work and
personal situations;
• set out consequences for breach (i.e. possible termination); and
• above all, reflect your company‟s view on employee use of social
media.
40. The „Social Media‟ Olympics
• Via Facebook, posted
this photograph of
them in a Californian
shooting range.
• Australian Olympic
Committee (AOC)
imposed sanctions.
• Self-imposed social
media ban.
41. • Via Twitter, teenage girl abused
Seebohm re her post-race conduct.
• Abusive debate via Twitter ensued
(Seebohm‟s brother and fans defended
her).
• Seehbom cited social media as being a
distraction to her performance.
• Seebohm‟s Personal Coach - “I‟d like to
throw some of those phones away”.
• Australian Team Coach - wished his
swimmers would “leave alone” social
media during competition.
42. Swimming Australia Social
Media, Blogging and Internet Guidelines
• Vague and general – as expected.
• Swimming Australia empowered to:
• issue „Take Down‟ Notices;
• impose other sanctions; and/or
• take legal action for damages.
• Note: Swimming Australia/ AOC‟s decision to not ban use
of social media during competition period.
• Revised Guidelines for 2016?
43. Legal Tips
1. Monitor the marketplace.
2. Have policies and training in place.
3. Protect your brands via trade mark registration.
4. Have enforcement strategies in place.
5. Pick your fights.
6. Get specialist advice.
44. Summary/ Conclusion
• Laws of the paper-based world also apply online.
• Mitigate legal risk when engaging in social media.
• Seek specialist advice.
Disclaimer
Whilst best efforts have been made to ensure the accuracy of the information presented in these
slides, they serve as a general guide only. You must seek your own independent legal advice, specific
to your circumstances.
Copyright
All material in this presentation is subject to Australian copyright laws.
45. Question time
• Questions?
Thank you for your attendance at today’s presentation
‘Social Media – the legal risks
and how to overcome them’.