legal aspects of new media 2nd annual new media
DESCRIPTION
This is my presentation which I will be giving on 27 March 2008 at the 2nd Annual New Media Marketing Conference at Gallagher Estate, Midrand, South AfricaTRANSCRIPT
New Media and the law2nd Annual New Media Marketing Conference
Who am I?New media lawyer, blogger, social media nerd ...
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.”
It is a careful balancing act
Content licensing
What is copyright?
Exclusive rights
Works embodying intellectual content
Authorise others
Perform certain acts (for example, to exploit works for personal gain or profit)
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 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
There is another option ...
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
Unlawful competition
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
Privacy
Read the terms of use
Read the privacy policy
What can you do?
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
Take your chances
Privacy in social media
Can be tricky
Read the terms of use
Be sensible about sensitive information
There can be outages and exploits -
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
Where can you find me?
paul.myplaxo.com
linkedin.com/in/paulj
twitter.com/pauljacobson
pownce.com/pauljacobson
Selected image credits*
Slide 3: Image by Cambodia4Kidsorg (http://www.flickr.com/photos/cambodia4kidsorg/354932362/) licensed under Creative Commons Attribution 2.0 license;
Slide 4: Constitutional Court by Paul Jacobson licensed under Creative Commons Attribution ShareAlike 2.0 license;
Slide 6: Free speech zone by mus (http://flickr.com/photos/mus/3457967/) licensed under Creative Commons Attribution ShareAlike 2.0 license;
Slide 10: Balancing Act by zeebleoop (http://flickr.com/photos/zeebleoop/325400310/) licensed under a Creative Commons Attribution No Derivatives 2.0 license;
Slide 11: Free Content for a Free Society! 7/12 by Matthias Mehldau (Creative Commons BY 2.0) at http://flickr.com/photos/wetterfrosch/130493617/;
Slide 20: Competition by ChrisL_AK (Creative Commons BY 2.0) at http://flickr.com/photos/fncll/145151034/;
Slide 24: privacy is dead by striatic (Creative Commons BY-SA 2.0) at http://flickr.com/photos/striatic/199515967/;
Slide 28: a line in the sand by captain.tucker (http://www.flickr.com/photos/russell300d/780304248/) licensed under a Creative Commons Attribution No Derivatives 2.0 license;
Slide 33: Thank You by Orin Optiglot (Creative Commons BY 2.0) at http://www.flickr.com/photos/orinrobertjohn/239595034/
*All images used 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 a failing memory and a little laziness, not all images are properly attributed in this presentation.
This presentation (with the exception of the images) is licensed under a Creative Commons Attribution ShareAlike 3.0 license
Find out more at creativecommons.org ... or ask me ...