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- 1. Marketing+Sales+Communication +Legal = Social Strategy © 2012 Foley Hoag LLP. All Rights Reserved.
- 2. Attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this presenter does not constitute a attorney/client relationship. Copyright © 2012 Foley Hoag LLP. All rights reserved. We ’re serious.
- 3. Source: Fred Cavazza.net MARKETING COMMUNICATIONS SOCIAL MEDIA BUSINESS DEVELOPMENT SOCIAL MEDIA Awareness Interest Desire Hire
- 8. This is not Rocket Science
- 9. Everyday News = Social Gaffes
- 22. © 2012 Foley Hoag LLP. All Rights Reserved . Jasmine Trillos-Decarie Director of Marketing & Business Development Foley Hoag LLP @JasmineDecarie [email_address] Thank you!
Hinweis der Redaktion
- Welcome to my world. For those of you who heard Peter Shankman’s presentation yesterday I am sure that he spent quite some time telling everyone that social media is pretty easy just “Don’t be Stupid” Well, since my presentation today is focused on helping you not be stupid by making sure all the right players are involved in your social strategy, I thought I would be smart and start with my disclaimer. I may be in Marketing and Business Development but this is not advertising and, since I am not a lawyer, we definitely do not have an attorney client relationship and any results that you perceive from this presentation are not guaranteed How many of you are from regulated industries? Pharma? Law? Financial Services? How many of you have internal social media plans How many of you have external social media plans? How many of you use social media?
- Given that a quick look at the attendance list shows that almost everyone at this conference is in some form of marketing or sales role and you were all smart enough to come here, I am going to assume that this is not new news to you and you already understand how social helps both marketing and sales, or in my world, business development and they both have integral roles to play in connection with any social strategy
- ALEX Broadly speaking, we ’re going to cover 2 topics: IP and Liability for web-based businesses and entrepreneurs – whether you are a startup company or just a blogger
- This is
- They may know all about The Facebook but what they do not know about business, the company culture and
- For those of you who spent some of your traveling time yesterday reading the news, you might have seen this article. It talked about how a person who was tweeting for his company and had 42,500 took the company handle he was tweeting under @PhoneDog_Noah to @Noahkravitz and took all the companies followers with him when he switched jobs. What can the company do, not much except sue him. However, the company could have been prevented this simply by having good legal advice when they started their social strategy. If an attorney had reviewed twitter’s policies, they would have known this type of change is not only allowed but takes less than a minute to do. They could have allowed him to Tweet but under the company name and had his boss set up the account so he did not have access to make this change, they could have and should likely have had an employment contract in place that would prevent this.
- Obviously the last item is just embarrasing to the company and is not going to result in any real damage, especially if it is actually true. I am from NY and live in MA and I have to say that if this had been said about Boston drivers that I might have had to buy a Chrysler (well, ok, I might not go that far) However, what if the tweet had been about a specific driver or had
- PAUL Elements need to be verified Courtney Love sued for defamation for comments made on Twitter Tony LaRusso sued Twitter for comments made on Twitter 4 lawsuits against reviewers on Yelp Libel is written publication Slander is oral publication
- ALEX FTC is concerned about transparent and honest endorsements
- As many of you know, collection of data on people living in the EU is regulated much more strictly than in the US and it does not matter where your company is based. The law covers the EU citizen If you are collecting data on anyone and if you have an FB page or followers you are at some level or another a big thing you should do when you get back to work is talk to your legal team about COPPA – You want to make sure you are not violating this by collecting info on children that are under 13. The woman who presented the Harry Potter social media story yesterday was a lawyer and made some excellent points on this. One option is to have an age gate but, as she said, that would actually confirm the age of the person and once you definitively know their age it triggers other areas of this Act that you do not necessarilly want to deal with. There are changes coming to this and they are expected to make it even stricter. If nothing else you should make sure that if you think someone is to young you remove their posts and do not follow them back.
- PAUL This slide is about OTHER PEOPLE ’S content © Infringement : While the Internet makes it easy to copy text and images, doing so will likely violate copyright law Can result in both criminal and civil liability, including treble damages and attorney fees under the U.S. Copyright Act, 17 U.S.C. Section 101, et. Seq Right of Publicity : Posting photos or videos of people without their permission can also result in liability based on breach of privacy rights. The best practice is to obtain a release of likeness from each person in a photo or video before posting it, particularly if it could be argued that the content is for a commercial purpose or use Trademark : Unauthorized use of TMs on a social media site may lead to legal liability for trademark infringement, dilution or unfair competition. “fair use” is probably limited to stating the name in regular font. It is not permissible to use the trademarks of others to create a false impression of endorsement, affiliation or sponsorship.
- ALEX This Slide is About YOUR content