Social
media is all over the place and the legal system struggles to keep up with
it. Further, the masses using social
media, especially authors to promote their books, are not fully informed on the
existing laws as it relates to digital content and communications. Legal Guide to Social Media: Rights and Risks for Businesses Entrepreneurs
is a handy guide from Allworth Press that helps us, in plain English, to
interpret the law as it relates to Twitter, blogs, libel, and linking.
Author
Kimberly A. Houser, an attorney, professor, and blogger lectures on Internet
law and information technology. Her book
shows what we need to know as it relates to many areas, including:
·
Defamation
and the risks of posting content
·
Copyright
issues
·
Privacy
laws
·
Protecting
your name and the content you create.
·
Embracing intellectual property laws
·
Legal
issues revolving around your web site
·
Legal
pitfalls when setting up an e-business.
Houser
acknowledges the world of Internet media law is always shifting and is filled
with minefields of lawsuits, criminal activities and wrong doings. She writes this in her introduction:
“How can
social media marketers avoid being sued or fined for posts they didn’t even
know were violations of the law? The
easy answer is by becoming informed.
Unfortunately, there are not many places to look for this type of information. There is a great deal of false information
posted on the Internet by non-attorneys regarding the legalities of social
media marketing efforts. The
legal websites and blogs out there simply describe recent lawsuits, which may
be frightening but are not particularly helpful. The government websites only
talk about the laws in their jurisdiction.
None give practical advice on avoiding violations, and many contain
inaccurate or outdated information. The
most common types of risks, however, can be avoided by taking simple steps
before, during, and after engaging in online activities.”
Some of
the passages in her book answer these pressing questions:
·
Don’t I
have the right to anonymity on the Internet?
·
What
legal risks are there in posting a photograph?
·
What are
the rules involving contests and promotions?
·
What
happens when people steal information from my site?
·
How do I
register my trademark?
·
What is
fair use?
·
How do I
file a take-down notice?
·
How do I
avoid liability for SPAM?
·
Do
bloggers need to incorporate?
The
author imagines some future issues will need to be resolved or addressed. She writes this in her conclusion:
“Internet
law is in a constant state of flux. It
is impossible to state what the law is today, because it varies from
jurisdiction to jurisdiction and the laws on the books are outdated by the time
they go to press. Technology changes that quickly. I predict that the following issues will be
debated and potentially legislated in the near future:
·
The
excessive statutory damages being awarded in copyright infringement cases
·
The
inability to fully monitor trademarks due to the Internet
·
Mobile
apps
·
Geo-locating
·
SLAPP
suits and enforcement fallout
·
Cyberbullying
·
Cyber-impersonation
·
Copyright
infringement and fan art
·
Social
media ownership after death”
Indeed, the digital media landscape out there is
filled with pitfalls. Authors need to understand their rights and have an
awareness of the issues. By reading this book, they will accomplish those two
important goals.
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Brian Feinblum’s
views, opinions, and ideas expressed in this blog are his alone and not that of
his employer. You can follow him on Twitter @theprexpert and email him
at brianfeinblum@gmail.com. He feels more important when discussed in the
third-person. This is copyrighted by BookMarketingBuzzBlog © 2015
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