Indianapolis Social Media Breakfast

event tag: #indysmb

event hosts:

@panerabread @inhumanities @indysmb

HostingSponsor

Indiana Humanities Council

@INHumanities

www.indianahumanities.org

Presenting Sponsor

Christine Schoenefeld

@panerabread

www.panerabread.com

Legal Do’s and Don’ts for Social Marketing

Hannah Kaufman JosephHollingsworth & Zivitz, P.C.

Disclaimer: This course and its materials should not be considered legal advice and do not create a relationship with an attorney or give rise to attorney-client privilege. Please seek an attorney for any specific legal guidance you may need.

Legal Issues in Social Marketing

Deceptive and Misleading Advertising Testimonials and Endorsements IP Concerns for User Generated

Content Rights of Publicity Terms of Use Privacy Policies

Marsh Coupon

“At Marsh, we want our loyal fans, customers and employees to be rewarded. You have all done a fantastic job at sharing our posts and telling your friends. Simply take advantage of this $10 Marsh Coupon at your local Marsh or O'Malia's location on your order of $10 or more (excluding tax). This coupon is limited to once per fan between now and August 8, 2009. Some exclusions apply. See coupon for further details. Don't be afraid to SHARE.. Marsh would love to see more shoppers become fans!”

Marsh Coupon

“We at Marsh recently stuck our toe in the water to try this whole social media thing. Unfortunately we ended up stubbing it. Our recent $10 coupon offer on Facebook has instead left us red in the face and many of our loyal customers angry. Rightfully so. For that we are truly sorry. Needless to say, we’re learning. Imperative to say, we’re sorry. - The Marsh Facebook Team”

Using Coupons and Offers Online

Coupon Requirements: A clear, concise and understandable statement of the offer and all restrictions or limitations should be stated.

Disclaimers

Should be used to limit, explain or qualify an accurate offer

Must be clear and conspicuous Must be in close proximity to claim

being modified Cannot contradict a misleading claim

Coupon Offer Disclaimer Language Void Where Prohibited, Taxed or Restricted Cash Value 1/100 ¢ Coupon may not be used with any other discount,

coupon, offer, prior purchase, exchange or refund Limit one per person Not to be reproduced Valid until ______. No cash back Company reserves the right to modify or discontinue

this offer at any time. ADDITIONAL EXCLUSIONS MAY APPLY

Deceptive and Misleading Advertising Use of the word “New”

Must be legitimately new or reformulated (not just new packaging)

May only be used for six months Use of the word “Free”

Price of underlying product can’t be increased

Must be temporary Must have limitations stated (minimum

required purchase, S&H etc.)

Testimonials and Endorsements

TestimonialsIf an actor, must discloseMust be honestIf results are not typical, must discloseDisclose connection between

endorser and companyMust not pay for testimonialsObtain a release

Testimonials and Endorsements

ALERT: New FTC RulesPay for PlayMay affect blogging quid pro quoIncludes cash or in-kind paymentAlso affects financial compensation for

studies by research organizations

User Generated Content

User Generated Content allows users of your site, blog, or Facebook page to comment, post pictures, post reviews and submit their own content

Can create liability for trademark and copyright infringement, as well as rights of privacy and/or publicity

Licenses and Releases

If content you want to use is protected by IP rights, obtain a license

If content you want to use is protected by publicity rights, obtain a release

Rights of Publicity/Privacy

Right of Publicity is an individual’s right to control the commercial use of his or her identity Example: Using a celebrity’s name, without

permission to sell a product Right of Privacy is an individual’s right to

control the dissemination of information that can cause harm to a person’s feelings, reputation etc. Example: Using defamatory information to

sell a product

Use of Stock Photography

Avoid photos with recognizable trademarks, buildings, or anything that would require licensing

Confirm releasesMake sure releases cover all intended

uses (some are for print, but not web, etc.)

Terms of Use

To minimize liability for IP infringement, rights of privacy/publicity, and deceptive advertising, include terms of use for the site

Terms of Use should address the following areas: Trademark and Copyright Notice Prohibited Conduct Disclaimer of Warranties and Limitation of Liability Third Party Content Terms for UGC Indemnification Security Termination Links Copyright Protection (DCMA Safe Harbor Notice) Boilerplate

Sample Language for UGC

Company may from time to time and at its sole discretion post content on the site that has been submitted to Company by User, including but not limited to product reviews or other comments (collectively, “User Content”). User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content.

User grants Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants Company the right to use the name submitted by User in connection with User Content, if Company so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify Company for all claims resulting from the User Content. Company has the right but not the obligation to monitor and edit or remove any User Content. Company takes no responsibility and assumes no liability for any User Content.

Privacy Policies

If you are collecting personal information, you should have a privacy policyNewslettersEmail blasts

Use care in maintaining your customer personal information

Privacy Policies

Privacy Policy should address the following areas:How information is protectedStorage and use of informationHow is information trackedLinks to other sitesNotification of changesContact Information

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event hosts:

@panerabread @inhumanities @indysmb