Guest post by Indra Gardiner, founding partner and COO at BG Creative. She spends her days thinking about social media, public relations and digital strategies for her agency’s consumer focused clients. You can find her on Twitter or, if you’re lucky, behind a rolling pin making a fresh pie.
Hide! The Lawyers Are Coming
Social networks give people the ability to share incredible volumes of content. People are sharing photos, ideas, writings and video. All that stuff? It’s called intellectual property and in each case it belongs to somebody.
A recent presentation at the PRSA Counselors Academy, by Michael Lasky, Partner and Chair of the Public Relations Law Practice at the law firm of Davis & Gilbert in NY, provided a wake up call to those in attendance about how the law is slowly creeping into the social landscape and why responsible marketers had better pay attention. Download Michael’s presentation here.
Been Caught Stealing
Let’s start with content creation and copyright issues. We all know how much “lifting” goes on in the Internet. Those who create content in an environment of “sharing” often find their ideas, photos and sometimes entire paragraphs repurposed without their permission. Having clear language on blogs and websites puts the public on notice about your position vis a vis copyright. In other words put a copyright, all rights reserved on your content or the bottom of your blog. One day you may need to point to it if you or your client is ripped off and you want to take legal action.
Read the fine print. Have you read the Terms link provided by Facebook, Twitter or YouTube? In the case of Facebook, once you sign up for an account and click agree, you have granted them non-exclusive, transferable, sub-licensable, royalty-free, worldwide rights to use any IP (intellectual property) content that you post on or in connection with Facebook (“IP License”). Did you catch that part about being transferable and sub-licensable? Basically they can take that gorgeous photo that you paid a photographer to shoot for your product, hotel or client and use it however they want. You don’t lose ownership rights, but you do lose control over how your content can be used. This is particularly important when managing branded client materials. Did your content creator (photographer, writer, designer) give you permission to post their work on Facebook or YouTube and hand over their control to Mark Zuckerberg?
A Policy of Protection
While speaking recently to a room full of ad agency folks, I asked the audience if they had a social media policy in place for their staff. I found myself facing a room full of blank stares. Yikes. If your team uses social media at work, particularly for clients, you’ve got to have a policy. Todd Defren and Dell have both shared excellent examples to build from.
The FTC encourages social media policies be in place and reviewed. Remember all the hubbub last fall when the FTC released its Guidelines for Blogging and Social Media? Marketers have a responsibility to ensure that bloggers are providing disclosure and that statements are not misleading or unsubstantiated.
Companies must also uphold privacy laws. In 2007, a breach of contract suit was brought against 1-800-Flowers.com Inc. because the plaintiff’s wife learned about her husband’s infidelity directly from the online florist who, despite a privacy policy on its site, sent a card to their home thanking him for his business. She promptly divorced him so he turned around and sued them.
Having a privacy policy or a social media policy is not enough. You have to train employees too. Having a social media policy is considered an enforcement action by the FTC, which can be important if you are sued for misleading or unsubstantiated claims on a blog or by a blogger. Plus it provides the opportunity to clearly state your transparency policies around actions like employees posting on discussion boards for clients, endorsements and objectionable content.
We’re going to see more and more case law around social media, intellectual property and online piracy and privacy. And the lawyers will be ready.
(photo by Mark Collins)
Protecting Yourself From Social Media Lawsuits http://ow.ly/18e0DF
Protecting Yourself From Social Media Lawsuits http://ht.ly/18e0BA
#mktg Protecting Yourself From Social Media Lawsuits – Guest post by Indra Gardiner, founding partner and COO at BG … http://ht.ly/18e09s
#mktg Protecting Yourself From Social Media Lawsuits – Guest post by Indra Gardiner, founding partner and COO at BG … http://ht.ly/18e09r
Social Biz: Protecting Yourself From Social Media Lawsuits http://ow.ly/18dZGZ
Protecting Yourself From Social Media Lawsuits – Guest post by Indra Gardiner, founding partner and COO at BG Creati… http://ow.ly/18dZGu
Social Biz: Protecting Yourself From Social Media Lawsuits http://ow.ly/18dZGZ: Social Biz: Protecting… http://bit.ly/dyan2q #socialmedia
Protecting Yourself From Social Media Lawsuits – Guest post by Indra Gardiner, founding partner and COO at BG Creati… http://ow.ly/18dZ7m
Protecting Yourself From Social Media Lawsuits http://bit.ly/95e9C5
Protecting Yourself From Social Media Lawsuits: Guest post by Indra Gardiner, founding partner and COO at BG Creat… http://bit.ly/d1fDVk
Protecting Yourself From Social Media Lawsuits http://j.mp/a2HMDi
Protecting Yourself From Social Media Lawsuits: Guest post by Indra Gardiner, founding partner and COO at BG Creat… http://bit.ly/bFzTai
Social Media Lawsuits Protect Yourself From Them | Guest Posts http://goo.gl/fb/deQlY #smpg
Social Media Lawsuits Protect Yourself From Them | Guest Posts … http://bit.ly/czNoXg
RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
Indra,
You raise good points about intellectual property, licensing and FTC affiliate disclosure since those are often those “gray” area concerns among businesses and individuals. However, I find these are limiting as the intent of the post appears to be to share several different angles of legal vulnerability through social media.
IANAL, but I want to share a few other areas that people should know:
* Libel/Slander – Just make sure everything is truthful and accurate.
* 2257 Compliance – Does your website have UGC, how do you manage seemingly-adult content and its compliance?
* COPPA – Do minors use your website and do you mine data for marketing? Keep it in compliance.
* Freedom of the Press/Media – Should you feel obligated to cite sources if asked for it? Know the limitations and the extent here.
*FTC Disclosure Requirements – The recent changes from the FTC don't just apply to bloggers; rather, anyone who is compensated for promoting a product/service. No “results may vary” safe harbor statements, either.
* Employee/Employer Social Media Conflicts – What should an employer do when they find offending content? Termination may not be legal and could open up a world of legal risk. Not hiring either could be just as risky.
Those are just a few. I laid the bait and shared a riff on each one. I don't know the full extent to each piece, but would love a legal expert to take these on and help us out in the social media space. If you look at all these, these aren't social media lawsuits per se, but rather about content, licensing and the responsibility a person burdens.
Overall helpful, but would love a more extensive post on this subject.
~joe
Protecting Yourself From Social Media Lawsuits http://dlvr.it/2sTSF
Protecting Yourself From Social Media Lawsuits – http://bit.ly/auJCWV
Good advice and a few facts to be aware of: "Protecting Yourself from Social Media Lawsuits" http://bit.ly/ad0fD5
RT @benasmith: Good advice and a few facts to be aware of: "Protecting Yourself from Social Media Lawsuits" http://bit.ly/ad0fD5
A MUST read! From @bgindra – Protecting Yourself From Social Media Lawsuits http://bit.ly/bZovRp #pr #law
RT @benasmith: Good advice and a few facts to be aware of: "Protecting Yourself from Social Media Lawsuits" http://bit.ly/ad0fD5
Protecting Yourself From Social Media Lawsuits http://bit.ly/b1Aya0
RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
Great read from @bgrinda RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
RT @MikeCorak: RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
Social Media Lawsuits Protect Yourself From Them | Guest Posts | Social Media Consulting – Convince & Convert http://shrten.com/3r64
RT @benasmith: Good advice and a few facts to be aware of: "Protecting Yourself from Social Media Lawsuits" http://bit.ly/ad0fD5
Protecting Yourself From Social Media Lawsuits http://bit.ly/bk01Qy an important read for everyone using SM
Good advice – RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
BEST post I've seen on legal aspects of social media http://bit.ly/cVCHXy
RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
Hide, the lawyers are coming! A look at legal issues on social media http://bit.ly/d9vcHx
RT @forfeng: Protecting Yourself From Social Media Lawsuits http://bit.ly/bk01Qy an important read for everyone using SM
RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
Protecting Yourself From Social Media Lawsuits http://bit.ly/b9eR91
Legal awareness required on the social media front, too… http://lnkd.in/EBgPYD
Protecting Yourself From Social Media Lawsuits (Understand what this can mean to you and your business!) – http://dld.bz/nh3a
>In other words put a copyright, all rights reserved on your content or the bottom of your blog.
Thanks for the reminder; just did it.
For you fellow WordPressers out there, go to Appearance > Editor and open footer.php. You'll see a line that resembles this:
© 2008-09 <?php bloginfo('name'); ?>. |
I've just changed mine to
© 2008-10 <?php bloginfo('name'); ?>. All rights reserved on the content of this blog. |
Your mileage may vary, your attorney may advise different language and these may not be the droids you seek. But do something.
Must read guest post on @jaybaer's Convince and Convert about social media & law by @bgindra. http://bit.ly/cVCHXy
Hey, take some time n protect yourself from a social media lawsuit http://ow.ly/2exRM
Hey, take some time n protect yourself from a social media lawsuit http://ow.ly/2exRM
Protecting Yourself From Social Media Lawsuits: http://bit.ly/cMcCuu (@jaybaer)
Protecting Yourself From Social Media Lawsuits: http://bit.ly/cMcCuu (@jaybaer)
RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
RT @jaybaer: Protecting Yourself From Social Media Lawsuits http://bit.ly/auJCWV
Smart stuff: How to protect yourself from social media lawsuits, @bgindra guesting on @Jaybaer blog http://bit.ly/c1FTzn
Smart stuff: How to protect yourself from social media lawsuits, @bgindra guesting on @Jaybaer blog http://bit.ly/c1FTzn