Corporate Social Media Management Conference October 2008

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Information about Corporate Social Media Management Conference October 2008
Business & Mgmt

Published on December 20, 2008

Author: pauljacobson



These are slides from a presentation I prepared for the Corporate Social Media Management Conference in October 2008.

New Media: managing your legal risks 1

Paul Jacobson Web and Digital Media Lawyer 2


The are risks 4

Don’t panic 5

The legal stuff ... 6

Issues to consider ... ✦ Freedom of expression ✦ Content licensing ✦ Privacy ✦ Unlawful competition 7

(we call it “Freedom of Expression”) 8

This is the right ... 9

There are competing rights ... 10

versus “Freedom of the press does not mean that the press is free to ruin a reputation or break a confidence, or to pollute the cause of justice or to do anything that is unlawful. However freedom of the press does mean that there should be no censorship. No unreasonable restraint should be placed on the press as to what they should publish.” 11

It is all about balance 12

Content licensing 13


What is copyright? ✦ Exclusive rights ✦ Works embodying intellectual content ✦ Authorise others ✦ Perform certain acts (for example, to exploit works for personal gain or profit) 15

There are exemptions ... 16

✦ Fair dealing ✦ Use for judicial proceedings ✦ Quotations ✦ Illustrations for teaching ✦ Ephemeral copies ✦ Works delivered in public ✦ Reproductions in press or broadcast ✦ Official texts, political speeches, news of the day 17

Is sharing caring under the Copyright Act? 18

There is another option ... 19


Creative Commons licenses are free licenses that permit a range of uses of content licensed under them Creative Commons licenses work within the framework established by Copyright the-licenses 21



How about a practical example 23

36 Ghosts IV by Nine Inch Nails released under a Creative Commons Attribution Non-Commercial ShareAlike 3.0 US license 24


✦ Free download (9 tracks) ✦ $5 download (all 4 albums, high quality)* ✦ $10 2 CD set (including download) ✦ $75 deluxe edition 2 CD, 1 DVD, 1 Blu-ray disc (don’t forget the downloads) ✦ $300 Ultra-deluxe edition superpack * I bought one one these ... and I am barely a fan 26

So what happened? 27

2 500 x $300 = $750 000 28

$1 619 420 in the first week of sales* *According to Rolling Stone: 29

Oh, and NIN isn’t signed to a major record label 30

and it isn’t just about the big bands 31

Jonathan Coulton 32

Unlawful competition 33

Customer relationships 34

The stick Restraint of trade provisions* Monitor data transfers and employee communications Disciplinary procedures Dismissals *Most definitely enforceable 35

The carrot Participate in relationship building exercises with customers Look after employees Take an interest in who is saying what to whom 36

Privacy 37

Which of these do you use? 38

How much do you publish online? 39

What happens to what you publish online? 40


Take your chances 42

or ... 43

Read the terms of use 44


Read the privacy policy 46

Draw lines in the sand ✦ What information is most sensitive? ✦ Decide to never let that information out into the wild. ✦ Everything else is compromised and public. 47

Claim your identity on the Web 48

on the other hand you could be the provider ... 49

in which case there are a couple things to bear in mind ... 50

There are rules about gathering personal information 51

“personal information”1 means information about an identifiable, natural person, and in so far as it is applicable, an identifiable, juristic person, including, but not limited to- a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; b) information relating to the education or the medical, criminal or employment history of the person or information relating to financial transactions in which the person has been involved; c) any identifying number, symbol or other particular assigned to the person; d) the address, fingerprints or blood type of the person; e) the personal opinions, views or preferences of the person, except where they are about another individual or about a proposal for a grant, an award or a prize to be made to another individual; f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; g) the views or opinions of another individual about the person; h) the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the person, but excluding the name of the other individual where it appears with the views or opinions of the other individual; and i) the name of the person where it appears with other personal information relating to the person or where the disclosure of the name itself would reveal information about the person; j) but excludes information about a natural person who has been dead, or a juristic person that has ceased to exist, for more than 20 years; Draft Protection of Personal Information Bill 52

How would this affect you? 53

Makes biometric security systems a little tricky 54

Suddenly people’s opinions you may gather are protected as personal information 55

Privacy can be tricky ... 56

Do you have a privacy policy? 57


Social media has tremendous potential provided you manage your risks effectively 59


Paul Jacobson 083 444 8260 61 pejrm1 62

Selected image credits* ✦ Slide 3: Image by Cambodia4Kidsorg ( licensed under Creative Commons Attribution 2.0 license; ✦ Slide 6: Constitutional Court by Paul Jacobson licensed under Creative Commons Attribution ShareAlike 2.0 license; ✦ Slide 8: Free speech zone by mus ( licensed under Creative Commons Attribution ShareAlike 2.0 license; ✦ Slide 10: Doors of the Constitutional Court by Paul Jacobson licensed under a Creative Commons Attribution ShareAlike 2.0 license; ✦ Slide 12: Balancing Act by zeebleoop ( licensed under a Creative Commons Attribution No Derivatives 2.0 license; ✦ Slide 13: Free Content for a Free Society! 7/12 by Matthias Mehldau (Creative Commons BY 2.0) at http://; ✦ Slide 18: Sharing birthday cake by efleming (Creative Commons BY 2.0) at 237379252/; ✦ Slide 34: the conversation by polandeze (Creative Commons BY 2.0) at 1206596658/; ✦ Slide 54: my fingerprint (index, left hand) ( licensed under a Creative Commons Attribution 2.0 license; ✦ Slide 55: interview ( licensed under a Creative Commons Attribution No-Derivatives 2.0 license. *All images used are available under license from, have been licensed under Creative Commons license or are in the public domain. Where the images are licensed under Creative Commons license, the license permits commercial use. Due to an error or pure laziness on my part, not all images are properly attributed in this presentation. 63

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