Published on May 26, 2008
New Media and the law
Who am I? New media lawyer, blogger, social media fanatic
Social media is very good! It is even better than ...
But there are risks
The legal stuff ...
Issues to consider ... ✦ Freedom of expression ✦ Content licensing ✦ Privacy ✦ Unlawful competition
(we call it “Freedom of Expression”)
This is the right ...
There are competing rights ...
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.”
“Because they have never been exposed to the sinful ways of the West, the various tribes of South Africa live healthy and peaceful lives, only occasionally indulging in a bit of ethnic cleansing.”
It is a careful balancing act
What is copyright? ✦ Exclusive rights ✦ Works embodying intellectual content ✦ Authorise others ✦ Perform certain acts (for example, to exploit works for personal gain or proﬁt)
There are exemptions from copyright infringement
✦ 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
Is sharing caring? ✦ Copyright vests by default ✦ Copyright Act 98 of 1978 ✦ Severely limits how content can be used without permission ✦ Not conducive to Web 2.0 free luvin’
There is another option ...
What is Creative Commons all about?
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 http://creativecommons.org/about/licenses/ meet-the-licenses
How about a practical example
36 Ghosts IV by Nine Inch Nails released under a Creative Commons Attribution Non-Commercial ShareAlike 3.0 US license
✦ 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
So what happened?
2 500 x $300 = $750 000
$1 619 420 in the ﬁrst week of sales* *According to Rolling Stone: http://www.rollingstone.com/rockdaily/index.php/2008/03/13/nine-inch-nails-ghosts-i-iv-makes-trent-reznor-an-instant-millionaire/
Oh, and NIN isn’t signed to a major record label
and it isn’t just about the big bands
Jonathan Coulton jonathancoulton.com
Customer relationships ✦ Employees are the face of a company ✦ Who really forms relationships with customers? ✦ Are employers protected if employees leave? ✦ Who has the power?
The stick Restraint of trade provisions* Monitor data transfers and employee communications Disciplinary procedures Dismissals *Most deﬁnitely enforceable
The carrot Participate in relationship building exercises with customers Look after employees Take an interest in who is saying what to whom
Which of these do you use?
How much do you publish online?
What happens to what you publish online?
What can you do?
Take your chances
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.
Claim your identity on the Web
on the other hand you could be the provider ...
in which case there are a couple things to bear in mind ...
There are rules about gathering personal information
“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
How would this affect you?
Makes biometric security systems a little tricky
Suddenly people’s opinions you may gather are protected as personal information
Run for the hills? ✦ No, it is not all bad ✦ Social media has much to offer businesses ✦ The main thing is to be aware of the risks ... ✦ ... and provide for them
My contact details ✦ Paul Jacobson ✦ 083 444 8260 ✦ email@example.com ✦ pauljacobson.org
Where you can ﬁnd me paul.myplaxo.com linkedin.com/in/paulj twitter.com/pauljacobson pownce.com/pauljacobson pejrm1
Selected image credits* ✦ Slide 3: Image by Cambodia4Kidsorg (http://www.ﬂickr.com/photos/cambodia4kidsorg/354932362/) licensed under Creative Commons Attribution 2.0 license; ✦ Slide 5: Listen to ME! by Orange Beard (Creative Commons BY 2.0) at http://www.ﬂickr.com/photos/metrojp/92038203/; ✦ Slide 6: the conversation by polandeze (Creative Commons BY 2.0) at http://ﬂickr.com/photos/polandeze/1206596658/; ✦ Slide 7: Sharing birthday cake by eﬂeming (Creative Commons BY 2.0) at http://www.ﬂickr.com/photos/eﬂeming/237379252/; ✦ Slide 8: Untitled by ms.Tea (http://ﬂickr.com/photos/teagrrl/79351300/in/set-1689764/) licensed under a Creative Commons Attribution 2.0 license; ✦ Slide 11: Constitutional Court by Paul Jacobson licensed under Creative Commons Attribution ShareAlike 2.0 license; ✦ Slide 13: Free speech zone by mus (http://ﬂickr.com/photos/mus/3457967/) licensed under Creative Commons Attribution ShareAlike 2.0 license; ✦ Slide 15: Doors of the Constitutional Court by Paul Jacobson licensed under a Creative Commons Attribution ShareAlike 2.0 license; ✦ Slide 18: Balancing Act by zeebleoop (http://ﬂickr.com/photos/zeebleoop/325400310/) licensed under a Creative Commons Attribution No Derivatives 2.0 license; ✦ Slide 19: Free Content for a Free Society! 7/12 by Matthias Mehldau (Creative Commons BY 2.0) at http://ﬂickr.com/photos/ wetterfrosch/130493617/; ✦ Slide 24: More sheet music by pﬂy (http://ﬂickr.com/photos/pﬂy/128167751/) licensed under Creative Commons Attribution ShareAlike 2.0 license; ✦ Slide 26: Vinyl by stevecadman (http://ﬂickr.com/photos/stevecadman/172600054/) licensed under Creative Commons Attribution ShareAlike 2.0 license; ✦ Slide 28: copyright by tuppus (http://ﬂickr.com/photos/tupwanders/79458852/) licensed under Creative Commons Attribution 2.0 license ... ✦ Slide 60: my ﬁngerprint (index, left hand) (http://ﬂickr.com/photos/fazen/3778408/) licensed under a Creative Commons Attribution 2.0 license; ✦ Slide 61: interview (http://ﬂickr.com/photos/timsnell/1387723389/) licensed under a Creative Commons Attribution No-Derivatives 2.0 license. *All images used are available under license from iStockphoto.com, have been licensed under Creative Commons license or are in the public domain. Where the images
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