TechWeek Chicago 2012 was great success. Packed room with entrepreneurs eager to understand legal issues facing their business. If you were unable to attend, here is my portion of the presentation.

1. YouSued.com
Law & Social Data
By: David M. Adler
Leavens, Strand, Glover & Adler, LLC
203 North LaSalle Street, Suite 2550
Chicago, Illinois 60601
@adlerlaw

2. Use
of
Social

3. Overview
Many Businesses & Individuals Lack Resources
Inadequate understanding of legal and regulatory requirements
Rights owners and Users can benefit
Ignorance = Risk
content removed
civil and criminal penalties
Lost time, money and business opportunities
Learn the “Rules of the Road” for creation, commercialization and
enforcement of the rights and obligations
Disclaimer: While I’d be delighted to represent you, this is NOT legal
advice and I am not your lawyer.

4. Copyright
Protects Content
Rights
Acquired Automatically 17 USC §201(a)
Employees/Work-Made-For-Hire
Infringement Issues
Digital Millennium Copyright Act (DMCA)
Non-Preemptable Common Law Claims
Hot news, Breach of Contract, Digital Trespass
Fair Use = After the Fact Defense; Highly Facts &
Circumstances Dependent; ≠Permission

5. Right of Publicity
Right to control and to choose whether and how
to use an individual’s identity for commercial
purposes
Personal Identity Attributes: (i) name, (ii)
signature, (iii) photograph, (iv) image, (v)
likeness, or (vi) voice
19 states with Rt. Of Publicity Statutes, 28 states
recognize common law right
Defenses: identity not used (Question of fact), de
minims use, transformative use

6. Trademarks
Scope
Copycats: Brandjacking / Cybersquatting
Comparative Advertising
Liability For Trademark Infringement
Defenses
Product Placement

7. Defamation
Definition:
Slander (statements) and libel (written, broadcast, or
published)
FALSE claim, either express or implied
Per Se (crime, disease, integrity, sexual conduct) & Per
Quod
Defamation In Cyberspace (Section 230)
Former Head / VP Indian Cricketing League fined
US$140,000 for Libelous Tweet.
Selected Defenses:
IL: (i) fair report privilege, (ii) substantial truth, & (iii)
opinion and fair comment

8. Content & Speech Regulation
Obscenity / Communications Decency Act - Obscene
Materials
Children: Children's Online Privacy Protection Act
(COPPA) & Children's Internet Protection Act (CIPA)
State Regulation
First Amendment
State Laws
NY bills S6779 A8688 - would ban “anonymous”
speech
AZ bill 2529 – criminalizes any speech that could be
construed as cyber-bullying
WA SB 6251 – criminalizes providing access to third
parties' “offensive” materials by online service
providers

9. Marketing Issues
CAN-SPAM
Email
Text/Mobile Messaging
Promotions
Sweepstakes / Contests Governed by State Laws
FTC
Endorsement / Testimonial Guidelines
Regulate Industries: FTC, FDA, FINRA, SEC, NLRB
Platforms/Transmedia

10. Workplace Issues
The NLRB released 3 Reports, the latest May 30, 2012
An employer violates the Act if a rule “would reasonably
tend to chill employees in the exercise of their Section 7
rights.”
Practical Applications. Top 5 Mistakes:
No Policy. According to Grant Thornton, as of Nov. 2011,
79% of companies surveyed did not have social media
policies
Policy Unenforceable. In 2011, the NLRB had received
129 cases involving social media
Policy Unclear. Training employees is just the beginning;
AU telecom co. Telstra (40,000+ employees) mandates
training “3Rs” – responsibility, respect and representation
Policy Outdated. Oct. 2011 FTC settles with Frostwire,
developer of p2p file-sharing application over the default
privacy settings
Loss of Trade Secrets. Phonedog. Christou v. Betaport

11. Privacy
Internet/Connected Devices/Social Media create
HUGE Privacy Risks
Collection/Analysis/Sharing personal data is driving the
digital economy.
Industry & Government Initiatives: Do Not Track;
Privacy Bill of Rights; GPS/Geo-location Data
Guidelines:
No Surprises: Disclose What, With Whom Shared &
Why
Real Choices: Opt-in v. Opt Out
User Control: Ability to change one’s mind
Trusted Third Parties: Know with Whom Data is shared
Sensible Settings
Limited Data

12. Due Diligence
Contracts/Policies/Procedures
Social Media & Privacy
BYOD
Affiliates/Sponsors/Contractors
Clearance
Copyright/Trademark/Right of Publicity
Compliance
State & Federal Regulations

13. Thank You!
David M. Adler | Leavens, Strand, Glover & Adler, LLC
203 North LaSalle Street, Suite 2550
Chicago, Illinois 60601
Direct: (866) 734-2568
Fax: (312) 275-7534
www.ecommerceattorney.com
www.lsglegal.com
adlerlaw.wordpress.com
@adlerlaw