Staying on the right side of the law
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Transcript of Staying on the right side of the law
5 THINGS
What every charity should
know about social media
Vanessa Barnett
Partner, TMT
@vanessabarnett
THE LAW (AND OTHER STUFF)
Mostly old laws, with a bit of the new
Four key areas of law:
Intellectual property
Data protection/privacy
Defamation/contempt
Employment
One key set of terms and conditions (well, sort of)
Social media platform T+Cs
ONE – RESPECT MY AUTHORITY
(INTELLECTUAL PROPERTY)
http://southparkstudios.mtvnimages.com/shared/downloads/images/season-14/1403/1403_cartmanJunkieA.jpg
Flikr attribution:
naixn
Flikr attribution:
grendelkhan
Flickr attribution:
p_a_h
Getting the right rights in
Creating new content Commercial production
Assignment always preferable!
User generated content
Assignment unlikely, but very wide licence
Employees/consultants
Using existing third party content Commercial licence
Content libraries
Creative Commons
Be careful licence rights wide enough Exclusive/non-exclusive
Territory
Media
Devices
Language
Copyright myths
Everything on the Internet is in the public domain, so I can use it
No, only stuff where copyright has actually expired is in the public domain
If there’s no copyright notice, I can use it
No, no notice is needed to get copyright, it just arises and the creators are protected – notices, these days, are for information
If I change it, I have not made a copy, so I can use it
No, that’s still a copy which has been derived from the original, so still an infringing copy
If I just copy part of it, it’s not a copy, so I can use it
No, because a copy can be the whole or a substantial part (and that’s qualitative – think of the Mona Lisa smile!)
If I don’t make any money out of it, it’s not commercial, so it’s permitted
No, the exceptions which allow use of copyright works without permission are very narrow (e.g. research, private study, news reporting, etc)
The „right‟ to „share‟
TWO – DON‟T BE A DATA
DUFFUS
Privacy and Electronic
Communications Regulations
Need a positive indication of consent – but that doesn‟t
automatically mean a tick box
Directive defines „the data subject‟s consent‟ as:
„any freely given specific and informed indication of his wishes by
which the data subject signifies his agreement to personal data
relating to him being processed‟
ICO read this as some form of communication where the
individual knowingly indicates consent, saying:
“This may involve clicking an icon, sending an email or subscribing to
a service. The crucial consideration is that the individual must fully
understand that by the action in question they will be giving consent.”
The „soft‟ opt in – how far can you
stretch it?
PECR say no need for consent if:
Obtained details from the intended recipient in the context of a sale
or negotiations for the sale of a product or service AND
The marketing relates to sender‟s own/similar products or services
AND
The recipient is given a simple means of refusing the
communications (but an opt-out or otherwise) at data collection and
on every subsequent communication
So careful with mailing list purchases too!
All boils down to this
Tell people what you are doing with
personal data
Do what you have told them!
THREE – NO SUCH THING
AS #INNOCENT
http://www.thetimes.co.uk/tto/multimedia/archive/00320/102030342_Paul_Cham_320099c.jp
g
Paul Chambers
Sally Bercow
http://www.independent.co.uk/news/uk/crime/twitter-libel-sally-bercow-says-she-has-learned-
the-hard-way-as-she-settles-with-tory-peer-lord-mcalpine-over-libellous-tweet-8630653.html
Jordan
#ad #spon
Disclosure of paid promotions or endorsements
Use ‘#ad’ hashtag or #spon if someone has been paid to
promote your charity
The position of charity „ambassadors‟ is unclear
FOUR – WE ARE ALL IN IT
TOGETHER (UNFORTUNATELY!)
Responsibility for employees
FIVE – DON‟T FORGET THE
CONTRACT STUFF
Common themes for social media
platform T+Cs
Don‟t spam
Don‟t bully, intimidate or harrass
No nudity or pornographic content
Don‟t infringe or violate rights of third parties (including
copyright!)
Don‟t publish confidential stuff
Don‟t associate with us
Get logos right
simples
Facebook specifics
Promotions
Facebook Promotions Guidelines – keep it legal and if any ‘gambling’ element, need consent from Facebook
Ads
Facebook Pages Terms
Relevant and appropriate for audience
Appropriately targeted!
Data
Get consent and be transparent
Cannot use for purpose outside of consents
No tagging without consent!
Twitter specifics
Don‟t send unsolicited @ replies or mentions
When you post something on Twitter you grant Twitter a
licence to do what it wants with your content!
Promoted tweets must be appropriately targeted, comply with
all applicable laws and regulations, and accurately reflect
your brand
Remember @[your charity] will be responsible for all
promoted content on Twitter on its behalf
FINALLY
THANK YOU