Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago   Social Media Laws     Liza Barry-Kessler, J.D.Ph.D. S...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                            Overview•Federal Trade Commi...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                           Disclaimer•This presentation ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago          Federal Trade Commission•The FTC is responsibl...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago              The FTC Guides•Disclose any material relat...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - ChicagoWhat Kind of Disclosure is Required?                 Cle...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                                   Clear?•No “legalese” ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                          Conspicuous?•Sponsored post? A...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - ChicagoExample: Affiliate Link (WantNot.net)                   ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Example: Sponsored Post(CreatingMotherhood.com)        ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago          Sponsored Content in Social Media•Twitter: Has...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - ChicagoGiveaways: Lotteries, Contests, and Sweepstakes•When can...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                 Giveaways: Lotteries•A “lottery” is whe...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago               Giveaways: Contests•A contest is where yo...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago           Giveaways: SweepstakesMost blog giveaways are...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago         Giveaways: Sweepstakes (2)•If you allow interna...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago  Intellectual Property:Copyright, Trademark, and       ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                 What is Copyright?“Copyright is a form ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                 What is Trademark?“A trademark is a wor...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                Copyright (in the US)•When you write a b...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago            Who Owns the Copyright?•Copyright ownership ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                 Copyright Violations•What can you do wh...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                Sample Takedown•Detailed example:http://...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                 Statutory Requirement“I have a good fai...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                                  Fair UseCopyright is n...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago          Four Factors in Fair Use•The purpose and chara...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago   When in Doubt   Get Permission                       ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - ChicagoBloggers: Is Your Social MediaActivity a Business or a H...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                        Business, IF…•There is a reasona...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago     Non-Cash/Miscellaneous Income???•Anything that you ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago     Ok…I’m in Business. Now What?•Blog Policies•Incorpo...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                              Blog Policies?What should ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                      Incorporating•First, check your st...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago               Too Many Acronyms!!!What you really need ...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago    Independent Contractor/Freelancer•If you accept inde...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago   I Blog with a Mission – Am I a Non-Profit?•IRS 501(c)...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                               Hiring PeopleMaybe you ha...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                         Having EmployeesYou can hire pe...
Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago                              Resources•FTC Internet Adv...
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#BBSummit12 Social Media Laws Presentation

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#BBSummit12 Social Media Laws Presentation by Liza Barry Kessler

July 21, 2012 - Chicago

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  • DISCUSS! This is easy in a blog post. This is much harder on Twitter. And still required.
  • Do not try this at home. 
  • #BBSummit12 Social Media Laws Presentation

    1. 1. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Social Media Laws Liza Barry-Kessler, J.D.Ph.D. Student, Information Policy #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    2. 2. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Overview•Federal Trade Commission Guides•Copyright, Trademark, and IntellectualProperty•Bloggers: Are you a business?•Resources #bbsummit12•Q&A by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    3. 3. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Disclaimer•This presentation is meant to inform you aboutthe laws that generally apply to how bloggersand brands work together.•This is not legal advice. I am not your lawyer.•Your state may have additional applicable laws.•Don’t panic. #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    4. 4. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Federal Trade Commission•The FTC is responsible for regulating “unfair ordeceptive trade practices,” including ads.•Many state consumer protection agencies alsohave jurisdiction over ads and other consumercommunications.•Laws apply to both #bbsummit12bloggers & brands. by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    5. 5. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago The FTC Guides•Disclose any material relationshipbetween a blogger and a brand: – free product for review, – affiliate link, – advertisement, or – sponsorship #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    6. 6. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - ChicagoWhat Kind of Disclosure is Required? Clear and Conspicuous #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    7. 7. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Clear?•No “legalese” or confusing wording.•“Brand A sent me this gadget to try, and Ithought….”•“This post is sponsored by Brand B.”•“Brand C (an advertiser #bbsummit12on this blog) makes the by@SocialRevUpbest….” Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    8. 8. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Conspicuous?•Sponsored post? At the TOP of the post. Not thebottom. Really.•Affiliate link? Hovertext or next to the link.•Placing disclosure info on a separate page isnot conspicuous enough for the FTC, however, a“blog policies” page maystill be a good idea. #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    9. 9. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - ChicagoExample: Affiliate Link (WantNot.net) #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    10. 10. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Example: Sponsored Post(CreatingMotherhood.com) #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    11. 11. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Sponsored Content in Social Media•Twitter: Hashtags #spon or #ad•Facebook: Has Terms of Service and its own set of rulesand regulations about sponsored content – contractual,not “law.” YOU have to follow the law, contract riskslosing FB access but not litigation.•Vlog/YouTube: Say it upfront. Or disclose via graphics,early, long enough to be #bbsummit12clear. by@SocialRevUp Brands & Bloggers Summit 2012•Your voice/brand language. http://www.SocialRevUp.com
    12. 12. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - ChicagoGiveaways: Lotteries, Contests, and Sweepstakes•When can you give something away on yourblog?•What do you need to be careful about if youdecide to do a giveaway? #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    13. 13. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Giveaways: Lotteries•A “lottery” is when you charge for the chance to win.These are heavily regulated by many states, and youshould consult a lawyer in your jurisdiction before you doanything on your blog that involves asking people forsomething “of value” in order to maybe win a prize.•Money is the obvious trigger, but what is #bbsummit12a “retweet” worth? by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    14. 14. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Giveaways: Contests•A contest is where you give a prize for some kindof non-random achievement, like funniest pictureor cutest baby.•Be clear about the rules, follow what you saidyou were going to do. #bbsummit12•Check your state!!! by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    15. 15. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Giveaways: SweepstakesMost blog giveaways are random entry, ie, “leavea comment and you could win this bag ofgoodies.” This is legally a sweepstakes.•State and federal agencies govern sweepstakes: – The Dept of Justice, #bbsummit12 – US Postal Service, and by@SocialRevUp – The FTC, and STATES! Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    16. 16. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Giveaways: Sweepstakes (2)•If you allow international participation, you mustcomply with laws from other countries.•If you allow minors, you may have additionalspecial rules.•If you allow children under 13, you must follow #bbsummit12the COPPA regulations. by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    17. 17. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Intellectual Property:Copyright, Trademark, and Exceptions #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    18. 18. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago What is Copyright?“Copyright is a form of protection provided by thelaws of the United States (title 17, U.S. Code) tothe authors of ‘original works of authorship,’including literary, dramatic, musical, artistic, andcertain other intellectual works.” #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    19. 19. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago What is Trademark?“A trademark is a word, phrase, symbol or design,or a combination thereof, that identifies anddistinguishes the source of the goods of one partyfrom those of others.”This is primarily an issue #bbsummit12for brands. by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    20. 20. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Copyright (in the US)•When you write a blog post, it is automaticallycovered by federal copyright law. Same withoriginal pictures, videos, podcasts, and music.•If you find your work posted by someone elsewithout your consent, you can send their webhost a takedown notice. #bbsummit12•No copyright for recipes. Brands & Bloggers Summit 2012 by@SocialRevUp http://www.SocialRevUp.com
    21. 21. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Who Owns the Copyright?•Copyright ownership is a major issue whenworking with others, especially for money.•Do you have a contract or “Writers Agreement?”It should spell out ownership/rights of writtenmaterial being produced.•This is particularly an #bbsummit12issue for group blogs, by@SocialRevUp Brands & Bloggers Summit 2012news/editorial sites. http://www.SocialRevUp.com
    22. 22. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Copyright Violations•What can you do when you find your workreproduced online without your permission?•Ask the person to remove it.•Send a takedown notice to their ISP/Web Host.•Register your copyrightand file a claim against #bbsummit12 by@SocialRevUpthem. Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    23. 23. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Sample Takedown•Detailed example:http://foodblogalliance.com/a/how-to-deal-with-co•Elements required: Identify infringing content,URL of both infringing content and sourcecontent, and request that the infringing contentberemoved. #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    24. 24. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Statutory Requirement“I have a good faith belief that use of the copyrightedmaterials described above as allegedly infringing is notauthorized by the copyright owner, its agent, or thelaw. I swear, under penalty of perjury, that theinformation in the notification is accurate and that I amthe copyright owner or am authorized to act on behalfof the owner of an exclusive #bbsummit12right that is allegedly by@SocialRevUp infringed.” <signed> Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    25. 25. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Fair UseCopyright is not sacrosanct.“In its most general sense, a fair use is any copying ofcopyrighted material done for a limited and“transformative” purpose, such as to comment upon,criticize, or parody a copyrighted work. Such uses canbe done without permission from the copyright owner.In other words, fair use is a defense against a claim ofcopyright infringement.” #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    26. 26. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Four Factors in Fair Use•The purpose and character of the use,•The nature of the copyrighted work,•The amount and substantiality of the portiontaken, and•The effect of the use upon the potentialmarket. #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    27. 27. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago When in Doubt Get Permission #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    28. 28. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - ChicagoBloggers: Is Your Social MediaActivity a Business or a Hobby? #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    29. 29. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Business, IF…•There is a reasonable expectation of earning aprofit;•The IRS says it is for profit if it made a profit 3of the last 5 years, including the current year;•In-Kind and other non-cash income counts! #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    30. 30. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Non-Cash/Miscellaneous Income???•Anything that you receive, of value, in exchangefor your effort/endorsement/work etc, counts asincome.•Trips, registration for a conference, clothing,review items, electronics, event tickets,gambling winnings…. #bbsummit12•Tax evasion is how they Brands & Bloggers Summit 2012 by@SocialRevUpgot Al Capone…. http://www.SocialRevUp.com
    31. 31. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Ok…I’m in Business. Now What?•Blog Policies•Incorporating as a Business•Independent Contractor or Freelancer•Non-Profit Status•Hiring People #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    32. 32. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Blog Policies?What should people reading your blog know about howyou do business?•Do you accept review items? Individual advertisers?Political advertising? Are there limits? Sponsors? Whatdo you provide? Advertising/Disclosure Policy.•What data do you collect? What do you do with it?Privacy Policy. #bbsummit12•Do you delete comments? by@SocialRevUp Brands & Bloggers Summit 2012When/why? Comment Policy. http://www.SocialRevUp.com
    33. 33. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Incorporating•First, check your state Secretary of State website or other state government info portal.•OFTEN basic incorporation is do-it-yourself•Your choices generally include: – Sole proprietership – LLP #bbsummit12 – LLC by@SocialRevUp – S or C Corporation Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    34. 34. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Too Many Acronyms!!!What you really need to know is this: If you areworking with other people, incorporating yourbusiness can help you all be clear about how thebusiness works, who is responsible for what, andwho gets what share of the profits.•If you are working alone, #bbsummit12incorporating MAY help by@SocialRevUp Brands & Bloggers Summit 2012protect your personal assets. http://www.SocialRevUp.com
    35. 35. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Independent Contractor/Freelancer•If you accept independent contractassignments to produce work for other people –for example, sponsored blog posts on yourpersonal blog, or product reviews for a 3rd partysite – you may be considered by the IRS to be“self employed.” #bbsummit12•The tax implications are by@SocialRevUp Brands & Bloggers Summit 2012serious. Learn them! http://www.SocialRevUp.com
    36. 36. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago I Blog with a Mission – Am I a Non-Profit?•IRS 501(c)(3) Organization:Purpose must be religious, charitable, scientific, testingfor public safety, literary, educational, amateur sportscompetition, or the prevention of cruelty to children oranimals.•IRS 501(c)(4) Organization:“Social Welfare” organization, #bbsummit12usually has a local focus. by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com
    37. 37. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Hiring PeopleMaybe you have a group blog, or want to hire expertwriters for some specific topic on your blog. Hiringpeople, even volunteers, should be carefully thoughtthrough.•Writers agreements should spell out who will own whichrights to the written work, and what happens ifthe site shuts down. #bbsummit12•Written contracts with by@SocialRevUp Brands & Bloggers Summit 2012designers, lawyers, etc. http://www.SocialRevUp.com
    38. 38. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Having EmployeesYou can hire people to do stuff without their necessarilybecoming your employee. However, if you hire someoneas an employee, you should know a few things:•Bloggers are engaged in “interstate commerce,” sofederal minimum wage laws apply.•Overtime laws also apply, although not necessarily tomanagement employees #bbsummit12who are salaried. by@SocialRevUp Brands & Bloggers Summit 2012•State laws also apply. http://www.SocialRevUp.com
    39. 39. Rev-ing Up Connections @ Hard Rock Hotel - July 21, 2012 - Chicago Resources•FTC Internet Advertising:http://business.ftc.gov/documents/bus28-advertising-and-marketing-internet-rules-road•Small Business/Blogger Legal Help:http://www.newmediarights.org/•Internal Revenue Service:http://www.irs.gov #bbsummit12 by@SocialRevUp Brands & Bloggers Summit 2012 http://www.SocialRevUp.com

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