12. “
Copyright is not an absolute.
Potato chips are absolute.
If this is my potato chip,
then it's not yours. You
can't touch it, eat it or use
it for any reason whatsoever,
not without asking first.
Seth Godin
13. RIGHTS image used via CC license via Flickr fboyd
16. FAIR USE
• The purpose and character of the use, including whether such use
is of commercial nature or is for nonprofit educational purposes
• The nature of the copyrighted work
• The amount and substantiality of the portion used in relation to
the copyrighted work as a whole
• The effect of the use upon the potential market for, or value of,
the copyrighted work
image used via CC license via Flickr roland
18. ELEMENTS
• Defendant's publication to a third person
• Defamatory material- if public figure, prove ACTUAL
MALICE
• Of and concerning plaintiff
• Statement was false
• Some fault on the part of the publisher
• Damages (the intensity / aggravation of these factors
affects potential damages) 18
19. image used via CC license via FLICKR allensima
SLANDER slander = spoken
f image used via CC license via Flickr allensima
35. 08.
LIABILITY FOR
BLOG
COMMENTS
Generally, the owner of the blog is not liable for the comments
posted on the blog unless the blog owner alters the contents of
the comment in some way, which “re-publishes” the material.
FTC - clearly communicate when compensation is given in exchange for providing a link.\nFDA - \nSEC\n\nhttp://www.flickr.com/photos/jbtaylor/5565861715/sizes/l/\n
Clearly define whose property ownership and what is protected\n\nhttp://www.flickr.com/photos/renaissancechambara/3122900531/\n\n
carrot v. stick\ncondoned vs. incidental\nCan you prohibit altogether?\n\nhttp://www.flickr.com/photos/becominggreen/3789315324/\nhttp://www.flickr.com/photos/thefangmonster/5462263650/\n
1. Bundle of sticks\n2. attach at publication\n3. request the removal\n4. cease and desist (sent to host)\n5. Sue for damages\nhttp://www.flickr.com/photos/fboyd/2156630044/sizes/o/\n
Deep pockets - \nCourts construe very broadly\nKitchen Aide\nChrysler\nIn the case of Otomewo v Carphone Warehouse Ltd two members of staff posted a status update on the claimant’s facebook page, without his permission or knowledge. The status update read: “finally came out of the closet. I am gay and proud.” It was posted in the course of employment, the employees’ actions took place during working hours and it involved dealings between staff and a manager – therefore the employer was found vicariously liable for the conduct which amounted to harassment on the grounds of sexual orientation.\n
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FTC regulations, including the recently revised "Guides Concerning the Use of Endorsements and Testimonials in Advertising."\nhttp://www.flickr.com/photos/37486024@N03/5111789783/sizes/l/\n
Cannot have LikeGate\nmust fully disclose rules of the sweepstakes\ncannot be a lottery\nhttp://www.flickr.com/photos/psyberartist/7591144662/sizes/l/\n
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Sheriffs like the opponents page\n
Intrusion into seclusion\nFirst, that the defendant, without authorization, must have intentionally invaded the private affairs of the plaintiff;\nSecond, the invasion must be offensive to a reasonable person;\nThird, the matter that the defendant intruded upon must involve a private matter; and\nFinally, the intrusion must have caused mental anguish or suffering to the plaintiff. SeeRestatement (Second) of Torts - Intrusion Upon Seclusion.\nhttp://www.flickr.com/photos/pocius/5793762464/sizes/l/\n\n
Ex Parte Communication\n
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confidentiality as a whole\n
valuation at $2.50 / follower $340k\n
The existence of a contractual relationship or beneficial business relationship between two parties.\nKnowledge of that relationship by a third party.\nIntent of the third party to induce a party to the relationship to breach the relationship.\nLack of any privilege on the part of the third party to induce such a breach.\nDamage to the party against whom the breach occurs.\n\n
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Title VII - race, color, religion, sex, or national origin\n
http://www.infolawgroup.com/2012/06/articles/enforcement/nlrb-issues-report-on-employer-social-media-policies/\nBe careful when instructing employees on posting photos, videos, quotes, or other content that may involve third parties. Although third party rights may be an issue, if an employer prohibits this outright, it may be considered overbroad.\n