Social Media & The Law Guide

#UTCDIGMKTG

SOCIAL MEDIA
&THE LAW
by an attorney on the run from the law

©2013 jeremyﬂoyd.com

01.
START
WITH A
POLICY
We’ll come back to this...


02.
COPYRIGHT
USC TITLE 17


“ 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


RIGHTS image 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

image used via CC license via FLICKR allensima

SLANDER slander = spoken

f image used via CC license via Flickr allensima

image used via CC license on Flickr via jeffeaton

LIBEL

04.
VICARIOUS
LIABILITY
“Employer being held liable for the actions of the employee
carried out in the normal course of employment.”


05.
DISCLOSURE
AND TERMS

DISCLOSURE
image 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
PROTECTED
not protected speech - Bland v. Roberts


image used via CC license via Flickr pocius

PARTIES TO
LAWSUIT
E-discovery laying it all out there


07.
BUSINESS
TORTS

TRADE
SECRETS
PhoneDog v. Kravitz


TORTIOUS
INTERFERENCE
WITH A BUSINESS
CONTRACT

08.
LIABILITY FOR
BLOG
COMMENTS
Generally, 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

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


01.
START
WITH A
POLICY

image used via CC license via Flickr ed_welker

don’t
START FROM SCRATCH
bit.ly/policy-guidelines | 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 SECRETS
image used via CC license via Flickr renaissancechambara

GUIDELINE V. POLICY

images used via CC license via Flickr becominggreen / thefangmonster

image used via CC license via Flickr mccaffry
LEGAL REVIEW

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

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

Social Computing Guidelines
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
___________________ recognizes social media social media efforts. Allof business interaction. To
resource for _______ staff involved in our as an emerging realm who contribute to social media on
foster participation that reflects our company values, wefollow the following official guidelines as a
behalf of ___ are expected to understand and to offer these guidelines.
resource for _______ staff involved in our social media efforts. All who contribute to social media on
behalf We acknowledge theto understand and to follow thesemedia and will update our guidelines as new
of ___ are expected ongoing developments in social guidelines.
technologies and tools require.
We acknowledge the ongoing developments in social media and will update our guidelines as new
technologies and Social Media
Defining tools require.
Broadly defined social media includes a family of Interactive Communication Technologies (ICT) which
Defining Social Media
allow users to interact with each other in some way – by sharing information (personal and public), files,
Broadly definedand videos. Social mediafamily of Interactive Communication Technologies (ICT) which
images, social media includes a platforms include blogs, wikis, communities or social networks,
allow users to interact with each other in websites, socialsharing information (personalmessaging. files,
message boards, content sharing some way – by bookmarking sites, and text and public),
images, and videos. Social media platforms include blogs, wikis, communities or social networks,
message boards,of Social Media Participationbookmarking sites, and text messaging.
Benefits content sharing websites, social and Strategy
Benefits of Social recognizes that social mediaStrategyan opportunity for listening and engaging.
___________ Media Participation and provides
Listening
___________ recognizes that social media provides an opportunity for listening and engaging.
Listening its nature, social media facilities an ongoing conversation, a continuos exchange of information and
By
media. ___________ sees an opportunity to listen and learn more about our market, our industry, our
By its nature, social mediaas our brand ongoing conversation, a continuos exchange of information and for
customers, as well facilities an perception in the market. We acknowledge there is an opportunity
media.passive listening and collection of relevant informationmore aboutan opportunity for active two-way
___________ sees an opportunity to listen and learn as well as our market, our industry, our
customers, as well as our media perception in the market. We acknowledge there is an opportunity for
research via social brand platforms.
passive listening and collection of relevant information as well as an opportunity for active two-way
Engagement
research via social media platforms.
___________ offers a variety of competencies to our market. We can contribute to the ongoing social
Engagement
media interaction in ways that both benefit the community at large as well as inform our clients and
___________ offers a varietyspecific ways we can support and service them. to the ongoing social
potential clients about of competencies to our market. We can contribute
media interaction in ways that both benefit the community at large as well as inform our clients and

TEMPLATE
potential clients about Guidelines we can support and service them.
Social Media specific ways
Social Media Guidelinesan asset to our whole company if we exercise personal responsibility. A consist
Social media can be
approach to the way we all engage in social media helps build trust between us and clients, suppliers,
Social and the general public who also engage in social media. With this goal of building trust consist we’ve
media can be an asset to our whole company if we exercise personal responsibility. A in mind,
approach to the way we all engage in social media helps build trust between us without hindering open and
developed guidelines that should encourage responsible communication and clients, suppliers,
and the general public who also use the following media. With this goal of building trust in mind, we’ve
free participation. Please engage in social guidelines to direct your engagement in all ___________
developed guidelines that should encourage responsible communication without hindering open and
related engagement with social media platforms.
free participation. Please use the following guidelines to direct your engagement in all ___________
1. Take with social media platforms.
related engagementResponsibility - You are personally responsible for your activity and content in various
social media platforms.
1. Take Responsibility - You are personally responsible for your activity and content in various
2. media platforms. - Write in your own voice and from your own perspective based on your
social Be Who You Are
position, expertise and personality. Identify your name and position with ___________
2. Be Who You Areyou discuss ___________and from or engageperspective based on yourof
whenever - Write in your own voice matters your own in social media on behalf
position, expertise andDon’t publishIdentify your name and position or on___________
___________ . personality. ___________ -related content with behalf of ___________
whenever you discuss ___________ matters or engage in social media on behalf of
anonymously or under a pseudonym. (See “Be Honest”)
___________ . Don’t publish ___________ -related content or on behalf of ___________
anonymously or under a pseudonym. (See “Be Honest”)

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

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

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

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

ELEMENTS

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