Attorney Glenn Manishin (@glennm) tells amusing lawyer jokes at the 140 Characters Conference this past week in Los Angeles. Scroll down and hit play.
Glenn was on the panel that discussed public policy, legal issues within the context of social media and who owns what on the web.
Says Glenn, “if you ask a lawyer a question, they’ll say, it depends.” Well, in this space, it really does depend because there is no law about social media right now. There are doctrines of law that affect social media, you can be fired, not hired, but he asserts, that in many ways, “its still the wild wild west.”
Because the wild wild west is abbreviated to www….now what? What about linking? Caching? Twitter? Answers are evolving as we speak. Risks are high but if you don’t take the risks, you also don’t yield the rewards.
So, who owns the content on social media networks? Can employers prohibit employees from using social media?
Employers could learn a lot about their employees by not only allowing them to voice an opinion but engaging with them in the process. If you let employees use social media, you can monitor their voice and their behavior. Instruct them out to use it and give them concise guidelines but give up the control. In the long term, that control won’t work to serve corporations.
Larger corporations don’t just think about the legal risk but also the business risk. Brett Trout (@bretttrout) talked to us about intellectual property law. He says with a grin, “social media isn’t like baby bottles or the phone – it’s a tool you have to use. If your lawyer isn’t using social media, you need to get a new lawyer. You need a lawyer who understands what it is and its implications.”
As for endorsements and being up front about what you’re doing, we are given this analogy: sharks don’t know much about playing badminton but they do know how to hunt & kill.
On copyright and trademark issues, 90% of tweets are repetition of facts that are already public and out there.
Tweets live forever and anyone can see them. There’s a difference between that model and Facebook, a walled community, which means you decide who sees your content.
Normally the copyright rule is that if you use the entire article or quote, it’s not considered fair use. You can use a portion of something for commentary or parady. If you retweet, by definition, you’re basically repeating everything someone said.
By posting something on Twitter, you are not copying it, you’re reposting someone’s stuff and as Pete Cashmore once said about reposting stuff, it’s great to extend that reach of what you said. Hear hear. Distribution distribution distribution.
@glennm below tells us some amusing lawyer jokes on-site at the Kodak Theater last week.
Renee Blodgett is the founder of We Blog the World. The site combines the magic of an online culture and travel magazine with a global blog network and has contributors from every continent in the world. Having lived in 10 countries and explored nearly 80, she is an avid traveler, and a lover, observer and participant in cultural diversity.
She is also the CEO and founder of Magic Sauce Media, a new media services consultancy focused on viral marketing, social media, branding, events and PR. For over 20 years, she has helped companies from 12 countries get traction in the market. Known for her global and organic approach to product and corporate launches, Renee practices what she pitches and as an active user of social media, she helps clients navigate digital waters from around the world. Renee has been blogging for over 16 years and regularly writes on her personal blog Down the Avenue, Huffington Post, BlogHer, We Blog the World and other sites. She was ranked #12 Social Media Influencer by Forbes Magazine and is listed as a new media influencer and game changer on various sites and books on the new media revolution. In 2013, she was listed as the 6th most influential woman in social media by Forbes Magazine on a Top 20 List.
Her passion for art, storytelling and photography led to the launch of Magic Sauce Photography, which is a visual extension of her writing, the result of which has led to producing six photo books: Galapagos Islands, London, South Africa, Rome, Urbanization and Ecuador.
Renee is also the co-founder of Traveling Geeks, an initiative that brings entrepreneurs, thought leaders, bloggers, creators, curators and influencers to other countries to share and learn from peers, governments, corporations, and the general public in order to educate, share, evaluate, and promote innovative technologies.