[NMMC] Legal issues in social media

(This is a synopsis of talk given by Paul Jacobson, New Media Lawyer, given at New Media Marketing Conference)

The most important thing to remember is to not panic when considering the legal aspects of the online activity. Simply balance risks with benefits.

Issues to consider:

• Freedom of expression
• Content licensing
• Privacy
• Unlawful competition

Freedom of expression

What you say has implications. As an example, when The Times got hold of Manto’s medical file. The Times asserted that they have right to spread the word, Manto asserted she had right to privacy. This is an example of competing rights: rights of privacy vs freedom of expression. It is a balancing act. (In this case, the files had to go back, but journalists could write about it.)

Content Licensing

Exclusive rights, works embodying intellectual content

You can authorise others to perform certain acts with your content.

It is restrictive. You have right to publish, republish it etc. Nobody else can use your rights.

For examples, bloggers often use photos in blogs. Problem is, this is often in conflict with copyright.

Creative Commons

Free licenses that permit a range of uses of content licensed under them. Work within framework established by Copyright. Gets around need for lawyer.

Unlawful Competition

Social Media is about relationships.

Who has the relationships/ Who do they belong to?

What happens when your top salesperson builds up relationships with your customers, and then leaves your company, taking the customers/audience with him?

The stick:

Restraint of trade provisions

Monitor data transfers and employee communication

Disciplinary procedures

The carrot:

Get involved in relationship building exercises with customers

Look after employees

Take an interest in who is saying what to whom

Privacy

How much do you publish online? What happens to that stuff that you put online?

With Social Media, this can be tricky. Read the terms of use. Be sensible about sensitive information. There can be outages and exploits.

What can you do?

Take your chances, but this is not an ideal solution.

Read the fine print.

Read the privacy policy.

Read the terms of use.

For example, Google docs has it in their terms and conditions that they can use your documents in their marketing efforts. Theoretically, your budget can be displayed on Google’s home page.

Draw lines in the sand.

Decide what you will never disclose.

Claim your identity on the web.

(Claim ID allows you to claim your stuff online)

Run for the hills?

No, its not all bad

Social Media has much to offer businesses

The main thing is to be aware of the risks….

…and provide for them.

Note: For photographs, videos and blog posts by Zoopy, the official social media sharing partner for the New Media Marketing conference, go to www.zoopy.com/newmedia.