Legal Tips and Updates – Streaming.Lawyer

Facebook Live Audio Copyright Issues: Things You Need to Know!

The rollout of Facebook Live Audio is awesome. It offers a new way to communicate, in real time, with our clients, customers, and audiences, using our mobile devices. Click here or on the image above to listen to my first Facebook Live Audio.

Intellectual Property Rights

While Facebook Live Audio provides all of us with a new free audio based broadcasting tool, it also exposes uninformed users of Facebook Live Audio to place themselves in legal jeopardy for violations of Intellectual Property (IP) and specifically, copyright right laws. In this post, I share some of the issues I’m already watching and listening to and, others I anticipate in the future on the Facebook Live Audio platform.

For example, if you read or play original content created by someone else, for any reason and for any length of time, you may be in violation of the creators IP rights. This includes reading a book, blog post, or playing music in the background. The easy solution is as follows: If you didn’t create the content, don’t use it without the written permission of the owner or person with legal use rights.

Yes, there is the Fair Use Doctrine that permits the use of someone else’s copyrighted material, but the exceptions are narrow and the law is gray. Don’t count too much on this exception protecting you unless (1) your lawyer is better than the other side’s lawyer and (2) you have more money than the other side to win your case in court (sarcasm).

Terms of Service (TOS) Agreements

Facebook has a Terms of Service (TOS) Agreement that applies to Facebook Live Audio. It prohibits users from violating the copyright of others. It’s part of the DMCA Safe Harbor provisions that protect Facebook and not you.

If you go live and share copyrighted material, you may be liable to the creator of the content and, you may also be in violation of the TOS Agreement. Facebook can suspend your account or shut you down for a violation of its TOS Agreement.

If you repurpose your Facebook Live Audio broadcast on other platforms like Twitter, Linkedin, Instagram and Snapchat, their TOS Agreements allow for the same action. Depending on how and why you use your social media platforms, this could be devastating to your reputation, success, or business.

Music

If you play music during your Facebook Live Audio and didn’t get permission from the creator of the music (writer, band, license holder, management company), you will in all likelihood be in violation of a copyright. This includes background music or using Facebook Live Audio to share an evening of live karaoke which I see all the time with livestreaming video. Keep in mind that just because everyone else is doing it doesn’t make it right or legal.

Similar to the TOS Agreement mentioned above, if you go live from a concert or stadium and share protected music with your audience, you’ll probably be in violation of one or more intellectual property rights. While the venue may have secured a public-performance license through ASCAP or BMI (songwriters’ associations), and may have the legal right to record and play the music, you don’t.

In addition to copyright issues, there’s also a valuable “right of publicity” that an artist may be able to protect. Under this theory, Katy Perry may argue her voice or music played in the background during your Facebook Live Audio is part of her image or brand, and only she has the right to benefit from that image or brand. This is a relatively new and untested area of law. It appears to me that artists such as Katy Perry would be on strong legal grounds should they decide to hold offending Facebook Live Audio users liable.

Other legal arguments musicians and bands may assert for the unauthorized use of their music during a Facebook Live Audio include violations of the “Lanham Act” (confusion or dilution of a trademark through unauthorized use) and “False Endorsement” (implies that the artist supports a product or your broadcast).

Pro Tip: Create Your Own Brand Sound and Music

If you’re looking to compliment your Facebook Live Audio or business branding with music or sound, avoid all of the above hassles and create your own!

I recommend you take a close look at Signature Tones. It’s a sonic branding studio that works with organizations to create and use music and sound to establish a unique and memorable identity. Created by friend, marketing strategist, international sales and marketing speaker, and bestselling author David Meerman Scott and recording artist, live music performer, and music creative director Juanito Pascual, Signature Tones is your one stop solution to creating an audio brand you own and that your audience will never forget.

Conclusion

We tell our clients not to use any audio, including music, during their Facebook Live Audios that they did not create or, obtain permission from the creator or owner to use. When they claim that the Fair Use Doctrine will protect them, we remind them of the limited scope and protection this doctrine provides.

Best practices are to (1) get permission before using someone else’s audio content or (2) use licensed or royalty free audio (for example, services like Shutterstock).

Facebook Live Audio is a fantastic tool. Enjoy it and use it often. But when you do, respect the IP rights of all sounds, music or other material that you directly or indirectly share over the platform.

TheShow.live (my weekly live video show). Last week’s topic: “How to Use Facebook Live Audio” with Jennifer Quinn and Rachel Moore

Social Media Day San Diego- June 30th!

Join us June 30th for “Social Media Day San Diego” at the beautiful Bahia Resort Hotel on Mission Bay!

In addition to #SMDaySD taking place at one of the most stunning venues in Southern California, Tyler Anderson and his amazing team at Casual Fridays, have put together an outstanding lineup of social media experts who will be sharing the latest tools, tips and approaches.

As for me, I’ll be sharing 30 years of legal tips to show you exactly how to to use social media, livestreaming and the other digital platforms in a way that will help you, and your company, avoid unnecessary legal hassles.

Want more info? Ready to get your tickets? Visit SocialMediaDaySanDiego.com today!

Influencer Marketing- Tips for Influencers, Social Media Agencies, Brands and Consumers

Earlier this year I shared a post, “Social Media Influencer Liability.” It focused on legal liability issues facing influencers and shared tips to help them make smart decisions.

Based upon what recently happened with the Fyre Festival, I thought I’d share these additional legal tips to help everyone in the process protect themselves. Different players in the promotion and consumption chain have different levels of liability exposure and so I hope you find these tips useful.

Things Brands Should Think About

If using a social media agency as an intermediary, enter into a written influence marketing agreement with the agency. In addition to all the standard terms and conditions, make sure your agreement also contains the following clauses:

Clearly state that the social media agency is responsible for the influencer being made aware, in writing, of and following all local, state, and international marketing rules and regulations. This includes FTC requirements.
Specify what the social media agency and influencer can and cannot do. While you want to give the influencer flexibility to do what he or she does best, you also need to set clear boundaries as to what is and is not permitted.
Specify that the social media agency and influencer both secure liability insurance.
A liability waiver and indemnity agreement should be part of your agreement. Thus, if the influencer breaks the law or acts in a way the creates liability, and you get dragged into a claim or lawsuit, the social media agency and influencer both agree to provide your defense and reimburse you for all claims, expenses, and damages.

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THE FYRE FESTIVAL: This Wednesday on TheShow.live

This past Wednesday on TheShow.live we shared social, legal, and influencer perspectives on the disastrous Fyre Festival. One of our guests was there and shared his on the ground first hand experience. Click here to watch the recorded show.

Not familiar with what happened at the Fyre Festival event? Here’s a short video from Mashable that tells part of the story. I think the music makes the video 😉 (click here or on the image to watch).

So what really happened? Was this an honest case of overreaching by the promoters of the event or simply another very public example of social media and Internet fraud at its finest?

Digital analyst, speaker, and author, Brian Solis, had this to say on Facebook (also see the spirited conversation in the comments below Brian’s post).

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Why I’m Proud To Be a Trial Lawyer!

Jon Mitchell Jackson Orange County Personal Injury and Wrongful Death Lawyer 200 The rights and liberties our ancestors fought and died for (civil rights, due process and equal protection) are now, for the most part, thought less about than who is going to be sent home on the next “Survivor” television show. More people know the names of the “OC Housewives” or “Bachelor” contestants than the names of our U.S. Supreme Court justices. This isn’t OK and I need to get this off my chest.

My name is Mitch Jackson and I’ve been a trial lawyer for 3 decades. Being a trial lawyer is something I’m very proud of.

Trial lawyers protect those who do not have the ability or resources to protect themselves. They keep the peace and make sure everyone plays by the rules. They are an indispensable part of a society that works every day to try and be equal, fair and just.

In a world where “alternative facts” start to become the norm and, a complete lack of respect for our Constitution, Separation of Powers, independent judicial system, and the free press, is promoted and endorsed by our “leaders” in Washington DC, you need to know the following : When a person or company, no matter how big or important, decides that the law doesn’t apply to what they’re doing, trial lawyers are there to hold that wrongdoer accountable.

What we do matters. I truly believe that a good trial lawyer is the custodian of the community’s legal and ethical sense. We are not the enemy of business or progress. In fact, we’re just the opposite. We protect the rights and freedom of people and business and make sure quality products and safety always come first. We are the ally of business and the American dream.

The law and function of trial lawyers have changed over time. And that’s a good thing. Since the beginning of civilization, a common element of all people and societies is change. Trial lawyers and the law are no different. We need to continue to improve and revamp ourselves based upon prior conduct and the present and future needs of society.

Revamping or renovating something special is always the preferred approach. It’s not always easy but is always necessary. In fact, some call this cycle the cycle of life. Even the Statute of liberty wore out after a hundred years. It needed to be refurbished. No big deal.

Along the same lines and over 2 centuries ago a lawyer, Thomas Jefferson, helped pen the Declaration of Independence. Today it stands strong. It continues to be a landmark- a human progress of ideas, ideals and values.

The Declaration of Independence and for that matter, our Constitution, are living, breathing and changing documents. Monuments much older than the Statute of Liberty, and erected on paper rather than a cement foundation. Documents etched indelibly in the minds and free men and women wherever they are.

Most people on this planet believe equality and justice are primary concerns. Truth be told, this isn’t the case. People living in third world countries controlled by dictatorships know this all too well. Many Americans don’t truly appreciate the rights and liberties they experience on a daily basis.

And that’s too bad.

Tragically, it seems to me that many Americans have become passive when it comes to protecting their liberty and justice. Based upon what I’m seeing and hearing almost on a daily basis, the average American just doesn’t’ believe it is his or her duty to preserve the liberties that all of us enjoy.

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Three Ways for Social Media and Digital Companies to Find a Good Lawyer

The purpose of this short post is to help you find an experienced lawyer who can help you with your social media and digital legal needs. A lawyer who knows your business, someone who is ten steps ahead of your competition, and a caring human being you can know, like, and trust (yes, lawyers are people too).

While price is always important, I believe skill, ability, and reputation are even more important. I say this because, after 30 years of practicing law, I know for a fact that it’s important to get your legal needs handled the first time correctly. Often there is no second chance.

So how can you, a social media and digital expert, find the right lawyer? Well, here are three approaches that I think you’ll like.

Approach No. 1- Get Personal Referrals

If you have friends or family who you respect and who are very satisfied with experiences they have had with a business lawyer who handles online business needs, you may want to start there. If you know a good lawyer who handles other types of legal matters (for example, estate planning or criminal defense), ask him or her for the names and numbers of the top 2 or 3 lawyers he or she knows who handles online business needs.

Friends at work and upper-level management and executives can be a good referral source. Well established social media agencies, authors, keynote speakers and social media influencers may also be able to share a few names with you.

I have an excellent database with the names of excellent lawyers who help digital business owners and entrepreneurs all around the world. Feel free to contact me if you would like the names of a couple of lawyers in your area.

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