Social Media and the Law 2013: Actions to Policy

#UTCDIGMKTG

SOCIAL MEDIA &THE LAWby an attorney on the run from the law

©2013 jeremyfloyd.com

01.START WITH APOLICYWe’ll come back to this...


02.COPYRIGHTUSC TITLE 17


http://www.copyright.gov/title17/92chap1.html%23106

http://www.copyright.gov/title17/92chap1.html%23106

“Copyright is not an absolute. Potato chips are absolute.

If this is my potato chip, then

it's not yours. You can't touch it,

eat it or use it for any reason

whatsoever, not without asking

first.

Seth Godin


http://sethgodin.typepad.com/seths_blog/2012/01/simple-thoughts-about-fair-use.html

http://sethgodin.typepad.com/seths_blog/2012/01/simple-thoughts-about-fair-use.html

RIGHTSimage used via CC license via Flickr fboyd

LINKING VS.LIFTING


LICENSE


FAIR USE• The purpose and character of the use, including whether such use

is of commercial nature or is for nonprofit educational purposes

• The nature of the copyrighted work

• The amount and substantiality of the portion used in relation to

the copyrighted work as a whole

• The effect of the use upon the potential market for, or value of,

the copyrighted work

image used via CC license via Flickr roland

03.DEFAMATION


ELEMENTS• Defendant's publication to a third person

• Defamatory material- if public figure, prove ACTUAL

MALICE

• Of and concerning plaintiff

• Statement was false

• Some fault on the part of the publisher

• Damages (the intensity / aggravation of these factors

affects potential damages)

10 ©2013 jeremyfloyd.com

SLANDER slander = spoken

f

image used via CC license via FLICKR allensima

image used via CC license via Flickr allensima

LIBEL

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on

http://www.flickr.com/photos/jeffeaton/

http://www.flickr.com/photos/jeffeaton/

04.VICARIOUSLIABILITY“Employer being held liable for the actions of the employee

carried out in the normal course of employment.”


05.DISCLOSURE AND TERMS


DISCLOSUREimage used via CC license via Flickr AR McLin

SWEEPSTAKES

image used via CC license via Flickr psyberartist

PRIVACY POLICY & TERMS OF SERVICE


06.PRIVACY


NOT PROTECTEDnot protected speech - Bland v. Roberts


image used via CC license via Flickr pocius

PARTIES TO LAWSUITE-discovery laying it all out there


07.BUSINESS TORTS


TRADE SECRETSPhoneDog v. Kravitz


TRADE SECRETS

TORTIOUS INTERFERENCE WITH A BUSINESS CONTRACT


HARASSMENT

08.LIABILITY FOR BLOG COMMENTSGenerally, the owner of the blog is not liable for the comments

posted on the blog unless the blog owner alters the contents of

the comment in some way, which “re-publishes” the material.


09.EMPLOYMENT


DISCRIMINATION


http://www.nytimes.com/2013/01/22/technology/employers-social-media-policies-come-under-regulatory-scrutiny.html?pagewanted=all&_r=0







Employers may not prevent: • Coworkers from "friending" each other• Employees speaking negatively about the

company (although it's not advisable)• Use of trademarks, etc. (in some cases it can be

considered fair use and not infringing)• Employees speaking to the press - especially

about labor disputes• Employees from using social media on company

time


10.CONTRIBUTE WITH CARE


"I FIND IT IRONIC THAT DETROIT IS KNOWN AS THE#MOTORCITY AND YET NO ONE HERE KNOWS HOW TO F***ING DRIVE,"on the Chrysler account


http://www.huffingtonpost.com/2011/03/09/chrysler-twitter-account-_n_833571.html#

http://www.huffingtonpost.com/2011/03/09/chrysler-twitter-account-_n_833571.html#

01.START WITH APOLICY


START FROM SCRATCHdon’t

bit.ly/policy-guidelines | bit.ly/policy-guidelines2

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http://bit.ly/policy-guidelines

http://bit.ly/policy-guidelines

http://bit.ly/policy-guidelines2

http://bit.ly/policy-guidelines2

TEAM BUILT

image used via CC license via Flickr nateone

FOLLOWS INDUSTRY REGULATIONS

image used via CC license via Flickr jbtaylor

TRADE SECRETSimage used via CC license via Flickr renaissancechambara

LEGAL REVIEW

image used via CC license via Flickr m

ccaffry


Social Computing Guidelines

___________________ recognizes social media as an emerging realm of business interaction. To foster participation that reflects our company values, we offer the following official guidelines as a resource for _______ staff involved in our social media efforts. All who contribute to social media on behalf of ___ are expected to understand and to follow these guidelines. We acknowledge the ongoing developments in social media and will update our guidelines as new technologies and tools require.Defining Social MediaBroadly defined social media includes a family of Interactive Communication Technologies (ICT) which allow users to interact with each other in some way – by sharing information (personal and public), files, images, and videos. Social media platforms include blogs, wikis, communities or social networks, message boards, content sharing websites, social bookmarking sites, and text messaging. Benefits of Social Media Participation and Strategy___________ recognizes that social media provides an opportunity for listening and engaging. ListeningBy its nature, social media facilities an ongoing conversation, a continuos exchange of information and media. ___________ sees an opportunity to listen and learn more about our market, our industry, our customers, as well as our brand perception in the market. We acknowledge there is an opportunity for passive listening and collection of relevant information as well as an opportunity for active two-way research via social media platforms.Engagement___________ offers a variety of competencies to our market. We can contribute to the ongoing social media interaction in ways that both benefit the community at large as well as inform our clients and potential clients about specific ways we can support and service them.Social Media GuidelinesSocial media can be an asset to our whole company if we exercise personal responsibility. A consist approach to the way we all engage in social media helps build trust between us and clients, suppliers, and the general public who also engage in social media. With this goal of building trust in mind, we’ve developed guidelines that should encourage responsible communication without hindering open and free participation. Please use the following guidelines to direct your engagement in all ___________ related engagement with social media platforms.

1. Take Responsibility - You are personally responsible for your activity and content in various social media platforms.

2. Be Who You Are - Write in your own voice and from your own perspective based on your position, expertise and personality. Identify your name and position with ___________ whenever you discuss ___________ matters or engage in social media on behalf of ___________ . Don’t publish ___________ -related content or on behalf of ___________ anonymously or under a pseudonym. (See “Be Honest”)

Social Computing Guidelines ! ! ! ! ! ! ! ! © 2012 Jeremy P. Floyd

October 2012 - jeremyfloyd.com ! ! ! ! ! ! ! Social Computing Guidelines, 1

Social Computing Guidelines

___________________ recognizes social media as an emerging realm of business interaction. To foster participation that reflects our company values, we offer the following official guidelines as a resource for _______ staff involved in our social media efforts. All who contribute to social media on behalf of ___ are expected to understand and to follow these guidelines. We acknowledge the ongoing developments in social media and will update our guidelines as new technologies and tools require.Defining Social MediaBroadly defined social media includes a family of Interactive Communication Technologies (ICT) which allow users to interact with each other in some way – by sharing information (personal and public), files, images, and videos. Social media platforms include blogs, wikis, communities or social networks, message boards, content sharing websites, social bookmarking sites, and text messaging. Benefits of Social Media Participation and Strategy___________ recognizes that social media provides an opportunity for listening and engaging. ListeningBy its nature, social media facilities an ongoing conversation, a continuos exchange of information and media. ___________ sees an opportunity to listen and learn more about our market, our industry, our customers, as well as our brand perception in the market. We acknowledge there is an opportunity for passive listening and collection of relevant information as well as an opportunity for active two-way research via social media platforms.Engagement___________ offers a variety of competencies to our market. We can contribute to the ongoing social media interaction in ways that both benefit the community at large as well as inform our clients and potential clients about specific ways we can support and service them.Social Media GuidelinesSocial media can be an asset to our whole company if we exercise personal responsibility. A consist approach to the way we all engage in social media helps build trust between us and clients, suppliers, and the general public who also engage in social media. With this goal of building trust in mind, we’ve developed guidelines that should encourage responsible communication without hindering open and free participation. Please use the following guidelines to direct your engagement in all ___________ related engagement with social media platforms.

1. Take Responsibility - You are personally responsible for your activity and content in various social media platforms.

2. Be Who You Are - Write in your own voice and from your own perspective based on your position, expertise and personality. Identify your name and position with ___________ whenever you discuss ___________ matters or engage in social media on behalf of ___________ . Don’t publish ___________ -related content or on behalf of ___________ anonymously or under a pseudonym. (See “Be Honest”)

Social Computing Guidelines ! ! ! ! ! ! ! ! © 2012 Jeremy P. Floyd

October 2012 - jeremyfloyd.com ! ! ! ! ! ! ! Social Computing Guidelines, 1

http://bit.ly/jfloyd-social-guideline

TEMPLATE




ELEMENTS

1.Signed employee agreement2.Clear “who” may speak on behalf of the company.3. Protect proprietary / confidential information4. Advise about copyright infringement.5. Clearly defined “scope” of behavior.6. Establish editorial process around publication7. Safeguards against multiple account management.8. Clear engagement rules for recruiting.


Social Media and the Law 2013: Actions to Policy

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