Hello Everyone:
Here is a copy of an article I posted on Black Web 2.0 regarding legal pitfalls Twitters find themselves in using Twitter.
Let me know what you think.
In light of the recent Library of Congress archive of all of our “tweets”, Twitterers need to be more cautious and cognizant of what they discuss or tweet on Twitter. Now most of us keep it simple and don’t engage in legal pitfalls such as defamation, terrorist threats, pornography, disclosure of private information, or intellectual property infringement. However there are others that treat Twitter like the wild wild west of social media networks. Defamation, pornography, and threats of Presidential assassination are rampant. There have been lawsuits filed and legal action taken against Twitters who engage in this type of behavior.
When using any social media network, anything you say or promote, good or bad is forever in cyberspace waiting to reward or punish you. And now that the federal government via the Library of Congress has all of our tweets, we should be more cautious and strategic about what we say on Twitter. Here is a list of Twitter dos and don’ts to assist Twitterers in avoiding legal liability or jail time.
1. Don’t threaten to kill the President or anyone else for that matter. Terrorist threats are a felony crime and you will go to jail.
2. Don’t engage in conversations or make statements about a person’s character or reputation unless they are 100% true, already known to the public, and are made for news reporting purposes and not to maliciously ruin a person’s reputation. Translation: Stop the Twitter fights!
3. Sending links to porn sites and posting porn is never a good idea. Links could potentially link to child porn sites and child pornography is a federal crime.
4. Although Twitter does not claim in ownership in Twitter’s content which may include intellectual property, other Twitter users may infringe or use your content for their own purposes. If you are tweeting copyright material, please do put a © sign behind the tweets to put others on notice of your ownership. This includes original thoughts, quotes, phrases, ideas, pictures, etc.
5. Never discuss company trade secrets or reveal your own private identifying information on Twitter.
Remember when using Twitter or any other social network, use common sense. Don’t engage in behavior that can cost you your freedom, job, or family.
Showing posts with label Social Media. Show all posts
Showing posts with label Social Media. Show all posts
Thursday, April 22, 2010
Monday, April 5, 2010
IPLAW101 Listed as 1 of 20 Twitters to follow on theGrio a NBC Universal Company
Hello Everyone!
Good news! IPLAW101 was listed as one of the 20 Twitters you should follow on Twitter! Thanks to theGrio and BlackWeb20.com. Check out the slide show of the 20 influential Twitters here.
theGrio is a a video-centric news community site devoted to providing African Americans with stories and perspectives that appeal to them but are underrepresented in existing national news outlets. It is affiliated with MSNBC.com and is owned by NBC Universal. Black Web 2.0 is is the premier destination for African-American’s in Technology and New Media.
Good news! IPLAW101 was listed as one of the 20 Twitters you should follow on Twitter! Thanks to theGrio and BlackWeb20.com. Check out the slide show of the 20 influential Twitters here.
theGrio is a a video-centric news community site devoted to providing African Americans with stories and perspectives that appeal to them but are underrepresented in existing national news outlets. It is affiliated with MSNBC.com and is owned by NBC Universal. Black Web 2.0 is is the premier destination for African-American’s in Technology and New Media.
Thursday, March 18, 2010
Does Your Company Have a Social Media Policy?
Hello:
If you have not figured it out by now, Social Media is mainstream. Because of Social Media's popularity, employers and employees have to be careful when engaging in Social Media in and outside of the workplace. Misuse of Social Media by employees can expose companies to liability, lost customers, and misappropriation of intellectual property.
EVERY company should have a Social Media policy outlining how employees should conduct themselves when using Social Media tools. This conduct should be followed whether using Social Media in a work capacity or for personal use. Remember, once something is posted on Social Media sites, it is forever out in cyberspace for the world to see.
When implementing a Social Media Policy, a company should ensure the policy contains the following provisions:
1. When employees are using social media tools for personal use, they should not use any company trademarks (identifying logos, names), or copyrights in any manner.
2. Employees should never hold themselves out as a representative of the company, unless they have received express permission from legal and management to do so.
3. Employees should never disclose or discuss company confidential, trade secrets, or other propriety company information on Social Media platforms.
4. When using Social Media platforms, employees should never engage in false, inappropriate, threatening, harassing, or defaming conduct that would be harmful to the company, employees, or damage company relationships.
5. Employees should be aware that when using Social Media tools at work, the employer has a right to view and monitor Social Media use even if the employee is using their personal Social Media accounts.
When employers provide employees with Social Media guidelines, they should also offer Social Media training and give examples of inappropriate conduct. Investing in Social Media guidelines and training now can save a company a huge headache later.
If you have not figured it out by now, Social Media is mainstream. Because of Social Media's popularity, employers and employees have to be careful when engaging in Social Media in and outside of the workplace. Misuse of Social Media by employees can expose companies to liability, lost customers, and misappropriation of intellectual property.
EVERY company should have a Social Media policy outlining how employees should conduct themselves when using Social Media tools. This conduct should be followed whether using Social Media in a work capacity or for personal use. Remember, once something is posted on Social Media sites, it is forever out in cyberspace for the world to see.
When implementing a Social Media Policy, a company should ensure the policy contains the following provisions:
1. When employees are using social media tools for personal use, they should not use any company trademarks (identifying logos, names), or copyrights in any manner.
2. Employees should never hold themselves out as a representative of the company, unless they have received express permission from legal and management to do so.
3. Employees should never disclose or discuss company confidential, trade secrets, or other propriety company information on Social Media platforms.
4. When using Social Media platforms, employees should never engage in false, inappropriate, threatening, harassing, or defaming conduct that would be harmful to the company, employees, or damage company relationships.
5. Employees should be aware that when using Social Media tools at work, the employer has a right to view and monitor Social Media use even if the employee is using their personal Social Media accounts.
When employers provide employees with Social Media guidelines, they should also offer Social Media training and give examples of inappropriate conduct. Investing in Social Media guidelines and training now can save a company a huge headache later.
Wednesday, January 27, 2010
Amazing News! Blogher 2010!
Hello!
I hope your life is absolutely wonderful!
I have some AMAZING news to share! I was invited to speak at the 2010 Blogher Conference in New York, August 6-7. Yeah!
I will speak on a panel entitled "Mastering Intellectual Property Law." Specifically, I will discuss intellectual property law, registering and protecting a trademark, copyright infringement, defamation, libel and slander.
This blog has afforded me amazing speaking and writing opportunities. It has been very good to me. I have found that individuals are really interested and have a thirst for information on how to protect their intellectual property in Social Media platforms.
When I started this blog in 2008, I thought to myself it would be great if I could share this information with bloggers on a larger platform. Now I have that opportunity!
I just want to say thank you to everyone who has read this blog, commented and supported it. It has been a tremendous blessing to me and I hope to you as well.
I hope your life is absolutely wonderful!
I have some AMAZING news to share! I was invited to speak at the 2010 Blogher Conference in New York, August 6-7. Yeah!
I will speak on a panel entitled "Mastering Intellectual Property Law." Specifically, I will discuss intellectual property law, registering and protecting a trademark, copyright infringement, defamation, libel and slander.
This blog has afforded me amazing speaking and writing opportunities. It has been very good to me. I have found that individuals are really interested and have a thirst for information on how to protect their intellectual property in Social Media platforms.
When I started this blog in 2008, I thought to myself it would be great if I could share this information with bloggers on a larger platform. Now I have that opportunity!
I just want to say thank you to everyone who has read this blog, commented and supported it. It has been a tremendous blessing to me and I hope to you as well.
Thursday, August 6, 2009
Twitter "Moldy Apartment" Libel Lawsuit
Hello Everyone!
I have been very busy traveling and speaking on protecting IP assets and legal issues in new media. This week I wrote an article on the Twitter "Moldy Apartment" lawsuit. If you have not heard, a Twitter user stated on Twitter that a management company had moldy apartments. The management company sued for libel and of course this story received massive attention. The issue here is whether the statement was factual or false. Read my take on this lawsuit here. If you like please join the discussion.
Have a great day!
I have been very busy traveling and speaking on protecting IP assets and legal issues in new media. This week I wrote an article on the Twitter "Moldy Apartment" lawsuit. If you have not heard, a Twitter user stated on Twitter that a management company had moldy apartments. The management company sued for libel and of course this story received massive attention. The issue here is whether the statement was factual or false. Read my take on this lawsuit here. If you like please join the discussion.
Have a great day!
Tuesday, June 23, 2009
Defamation and Social Media
Hello!
Defamation is becoming a huge issue on social media sites such as Blogs, Twitter, and Facebook. Recently there have been some notable cases involving defamation litigation. Specifically, Courtney Love is being sued for making an alleged defamatory "tweet" about a famous designer.
What is a defamatory statement? The law defines defamation as spoken or written words that are false and or misleading that gives the defamed a negative image and or hurts their reputation. The defamatory statement must be made to someone other than the person subject to the defamation. The law also differentiates between written and oral defamatory statements. Written statements are called libel and oral statements are slander.
Who is liable for libel statements made on blogs or social networks? Are owners of these sites liable for defamatory statements made by users of their sites? Or is the person who made the defaming statement solely liable?
Under the Communications Decency Act, an owner of a social networking site is not liable for the defamatory statements made about another on their site unless the site owner actively engages in the gathering of information from the user that leads to the defamatory statement. An example of this type of behavior is a blog owner soliciting comments from users on whether they dislike Celebrity X and why? The comments leads to defamatory statements about the celebrity and the blog owner supports, encourages, and endorses the libel statements.
Of course, anyone who makes a defamatory statement about another on any social network is personally liable for his or her statements.
How can owners of social networking sites and users of these sites protect themselves from defamation liability?
Owners should discourage and immediately remove potentially defamatory or libel statements from their sites. Owners should never enter into any dialogue with a user concerning a person's reputation. In addition, including a disclaimer or statement regarding your removal of any defamatory statements on your site, may potentially discourage users from engaging in such behavior. Plus it puts the public on notice that you do not endorse defamatory conduct.
Users of social networking sites should avoid personal opinions or negative comments that are not 100% factual and or statements that may harm a person's image or reputation. The best advice I have ever received is "if you don't have anything positive to say, then don't say nothing at all." One negative comment could cost you tons of money and heartache.
I welcome your thoughts!
Defamation is becoming a huge issue on social media sites such as Blogs, Twitter, and Facebook. Recently there have been some notable cases involving defamation litigation. Specifically, Courtney Love is being sued for making an alleged defamatory "tweet" about a famous designer.
What is a defamatory statement? The law defines defamation as spoken or written words that are false and or misleading that gives the defamed a negative image and or hurts their reputation. The defamatory statement must be made to someone other than the person subject to the defamation. The law also differentiates between written and oral defamatory statements. Written statements are called libel and oral statements are slander.
Who is liable for libel statements made on blogs or social networks? Are owners of these sites liable for defamatory statements made by users of their sites? Or is the person who made the defaming statement solely liable?
Under the Communications Decency Act, an owner of a social networking site is not liable for the defamatory statements made about another on their site unless the site owner actively engages in the gathering of information from the user that leads to the defamatory statement. An example of this type of behavior is a blog owner soliciting comments from users on whether they dislike Celebrity X and why? The comments leads to defamatory statements about the celebrity and the blog owner supports, encourages, and endorses the libel statements.
Of course, anyone who makes a defamatory statement about another on any social network is personally liable for his or her statements.
How can owners of social networking sites and users of these sites protect themselves from defamation liability?
Owners should discourage and immediately remove potentially defamatory or libel statements from their sites. Owners should never enter into any dialogue with a user concerning a person's reputation. In addition, including a disclaimer or statement regarding your removal of any defamatory statements on your site, may potentially discourage users from engaging in such behavior. Plus it puts the public on notice that you do not endorse defamatory conduct.
Users of social networking sites should avoid personal opinions or negative comments that are not 100% factual and or statements that may harm a person's image or reputation. The best advice I have ever received is "if you don't have anything positive to say, then don't say nothing at all." One negative comment could cost you tons of money and heartache.
I welcome your thoughts!
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