Social Media Legal, Regulatory & Compliance: Risks & Issues

Editor's Notes

1. 1. Note limited exceptions (e.g. government works, public domain) and work-for hire
2. 1. Note limited exceptions (e.g. government works, public domain) and work-for hire
3. 1. Note limited exceptions (e.g. government works, public domain) and work-for hire
4. 1. Note limited exceptions (e.g. government works, public domain) and work-for hire
5. Note limited exceptions (e.g. government works, public domain) and work-for hire South Carolina case involving user’s experience with BidZerk; placed link on his blog: no infirngment U.S. suit against Australian advertiser for using photo without permission
6. Note limited exceptions (e.g. government works, public domain) and work-for hire South Carolina case involving user’s experience with BidZerk; placed link on his blog U.S. suit against Australian advertiser for using photo without permission
7. Note limited exceptions (e.g. government works, public domain) and work-for hire South Carolina case involving user’s experience with BidZerk; placed link on his blog U.S. suit against Australian advertiser for using photo without permission Twitter's terms of service say you own your own posts; copyright law applies. Fair Use?
8. Note limited exceptions (e.g. government works, public domain) and work-for hire South Carolina case involving user’s experience with BidZerk; placed link on his blog U.S. suit against Australian advertiser for using photo without permission Twitter's terms of service say you own your own posts; copyright law applies. Fair Use?
9. Note limited exceptions (e.g. government works, public domain) and work-for hire South Carolina case involving user’s experience with BidZerk; placed link on his blog U.S. suit against Australian advertiser for using photo without permission Twitter's terms of service say you own your own posts; copyright law applies. Fair Use? In 2007, CCIA filed FTC complaint against Major league sports; Brooklyn Law School professor and EFF staff attorney Wendy Seltzer
10. 1. Facebook legal policies: Advertising Guidelines and Pages Policies prohibit, false, misleading or deceptive practices.
11. Get Permission Check your facts & Sources
12. 1. Coca-cola: 2009 2d most popular Facebook page; Coke contacted creators and partnered with them
13. 1. Coca-cola: 2009 2d most popular Facebook page; Coke contacted creators and partnered with them
14. 1. Coca-cola: 2009 2d most popular Facebook page; Coke contacted creators and partnered with them
15. 1. Coca-cola: 2009 2d most popular Facebook page; Coke contacted creators and partnered with them
16. 1. WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial.
17. WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial. Yes, but remember Title VII protected classes; University of Kentucky sued for religious discrimination under Title VII of the Civil Rights Act. The case, Gaskell v. University of Kentucky, rare example of a lawsuit by a scientist for religious persecution. Search committee looked at personal web site and concerned about views on creationism
18. WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial. Yes, but remember Title VII protected classes In Yath v. Fairview Clinics, 767 N.W. 2d 34 (Minn. App. 2009), a patient sued Fairview Cedar Ridge Clinic, two employees and others invasion of privacy, after learning that clinic employees had reviewed her medical file, learned that she had a sexually transmitted disease, disclosed this information to other people, and the information showed up on MySpace.
19. WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial. Yes, but remember Title VII protected classes In Yath v. Fairview Clinics, 767 N.W. 2d 34 (Minn. App. 2009), a patient sued Fairview Cedar Ridge Clinic, two employees and others invasion of privacy, after learning that clinic employees had reviewed her medical file, learned that she had a sexually transmitted disease, disclosed this information to other people, and the information showed up on MySpace. Feb . 7, 2011: NLRB announced a settlement involving the discharge of a CT ambulance service employee for posting negative comments about a supervisor on her Facebook page. Under the National Labor Relations Act, employees may discuss the terms and conditions of their employment with co- workers and others. The NLRB complaint also alleged that the company maintained overly-broad rules in its employee handbook regarding blogging, Internet posting, and communications between employees
20. WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial. Yes, but remember Title VII protected classes In Yath v. Fairview Clinics, 767 N.W. 2d 34 (Minn. App. 2009), a patient sued Fairview Cedar Ridge Clinic, two employees and others invasion of privacy, after learning that clinic employees had reviewed her medical file, learned that she had a sexually transmitted disease, disclosed this information to other people, and the information showed up on MySpace.
21. WSJ article Feb, 22, 2011: Prosecution and defense lawyers are scouring the site for personal details about members of the jury pool that could signal which side they might sympathize with during a trial. Yes, but remember Title VII protected classes In Yath v. Fairview Clinics, 767 N.W. 2d 34 (Minn. App. 2009), a patient sued Fairview Cedar Ridge Clinic, two employees and others invasion of privacy, after learning that clinic employees had reviewed her medical file, learned that she had a sexually transmitted disease, disclosed this information to other people, and the information showed up on MySpace.
22. 1. In 2007 When registering at thedollpalace.com, for example, a child under 13 is told “you need a parent’s permission to continue. Is a parent with you right now.” The child can then select “yes” or “no.” The “yes” selection allows the child to click “ok” at the bottom of a permission page. The “no” selection prompts a child to enter an e-mail address. An e-mail is sent to that address asking for consent; no subsequent verification is made.
23. 1. In 2007 When registering at thedollpalace.com, for example, a child under 13 is told “you need a parent’s permission to continue. Is a parent with you right now.” The child can then select “yes” or “no.” The “yes” selection allows the child to click “ok” at the bottom of a permission page. The “no” selection prompts a child to enter an e-mail address. An e-mail is sent to that address asking for consent; no subsequent verification is made.
24. 1. In 2007 When registering at thedollpalace.com, for example, a child under 13 is told “you need a parent’s permission to continue. Is a parent with you right now.” The child can then select “yes” or “no.” The “yes” selection allows the child to click “ok” at the bottom of a permission page. The “no” selection prompts a child to enter an e-mail address. An e-mail is sent to that address asking for consent; no subsequent verification is made.