10 Ways to Start Your Next Livestream (watch my 3 minute video)

How To Immediately Grab The Attention of Your Audience!

I use these 10 approaches when giving a keynote from the stage, picking a jury, and giving an opening statement or closing argument. They also work very well when livestreaming.

Take a look and let me know what you think. Also, please share if you found value in this short video.

My FREE email newsletter

If you’d like to stay connected with me and my amazing community, then I invite you to become part of my free public Wednesday afternoon email update where I share proven tips like this that will help you build business and expand your brand from local to global. Here’s the link and see you next Wednesday! LegalMinds.lawyer/newsletter 

BTW, our group isn’t just for lawyers, it’s for all professionals and business owners who understand the power of showing their “human side” on social media 😉

Just Out! The New 6th Edition of “The New Rules of Marketing and PR” by David Meerman Scott

I’m honored to be profiled in Chapter 5 of David Meerman Scott’s 6th edition of his best-selling book, “The New Rules of Marketing and PR.” The chapter is titled, “Blogs: Tapping Millions of Evangelists To Tell Your Story” and frankly, it shares some of my favorite approaches to building your brand and creating global top-of-mind awareness and influence. I know you’re going to like all of the tips, information and stories found in David’s updated book!

To put the value of David’s book into context, it’s important to know that the first edition of “The New Rules of Marketing & PR” was published in 2007 and was six months on the BusinessWeek bestseller list. Since then the book has sold more than 375,000 copies in English in the various editions and is now available in 29 languages from Albanian to Vietnamese. Hundreds of colleges and universities around the world use it as a text in class and many companies require all marketing and PR staff to read a copy.

The newly updated 6th edition is out in the USA and will soon reach other countries around the world. It includes a dozen fresh new examples of success. Click here for more information and to place your order!


Update: I’ll be sharing the stage with David in Las Vegas later this month at the Tony Robbins Business Mastery Event. Look for our updates and livestreams during the upcoming event and click here or on the image below to watch a short live video of David sharing my newsjacking efforts at the recent Florida event 😉

Talking Points From My “Legal” Presentation at Social Media Day San Diego 2017

We had over 400 people from around the world attend Social Media Day San Diego. The venue was on the sand at the beautiful Bahia Resort on Mission Bay. I shared a few pictures and videos in an album on Facebook and also on Twitter and Instagram using #SMDaySD

My afternoon presentation revolved around sharing 30 years of legal tips to help keep my social media friends safe when doing business on the digital platforms. Looking back, it’s clear my message was to be careful about what you say and do on social media. In today’s world, there are legal consequences.

I started things off by sharing the below Fyre Festival video from Mashable

Next, I showed everyone what a $100M lawsuit looks like and we talked about business, legal and social media promotion options to avoid being named a defendant in a similar claim.

I then discussed 7 specific tips to help everyone in the audience safely do business on the social media platforms. If you missed the event, no worries. Many of the approaches I mentioned can be found in a combination of my earlier blog posts, “Nine Legal and Entrepreneurial Tips To Help You Start and Build Your Online Business”,  “So You Want To Start a Business?” and “Influencer Marketing- Tips for Influencers, Social Media Agencies, Brands and Consumers.”

All of my fellow speakers shared major value during the conference. If you were not able to make it this year, you can stay connected and possibly eventually get access to some or all of the content by connecting with SocialMediaDaySanDiego, Casual Fridays or Tyler Anderson.

I believe social media is all about relationships. It was great seeing old friends and also beginning many new friendships. I’m looking forward to staying in touch with everyone and continuing the social media dance for many years to come!

Thanks everyone for a fantastic experience. Make today your masterpiece!

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.

Related

What Rights Do Musicians Have When Politicians Use Their Music Without Permission? 

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!

SOCIAL MEDIA INFLUENCER LIABILITY

Streaming Lawyer Influencer LiabilityWhat Influencers Need To Know and Do When Recommending Someone Else’s Products or Services!

When an influencer recommends another person or promotes, shares or sells a third party’s products or services, she may be exposing herself to liability. This concept also applies to influencers who appear to be representing a product or service by their endorsement or “taking over” a person or company’s social media account.

Before we get started, please keep in mind that although I am a lawyer licensed to practice law in California, I’m not your lawyer. No legal advice is given in this article, and you should consult a qualified lawyer in your state with your questions or needs.

Having gotten that little California State Bar requirement out of the way, I’d like to share the following thoughts with you. This is a complicated and developing area of the law. Conflict of law issues together with new court holdings make it important for influencers to stay on top of these legal issues. With this in mind, I hope you find value in this post.

Recommendations of People, Products, and Services

You are an influencer who is asked to recommend or use a third party’s products or services.

While each case is different, under both State and Federal law, anyone who recommends another person or company’s product or service, can potentially be held legally responsible for damages sustained by an end user. If someone in your audience reasonably relies upon your recommendation and suffers harm because of negligence or even an intentional act such as fraud by the client who hired you, then the victim(s) could potentially point the finger at you for making that recommendation. Theories of liability differ in each state but may include negligence, fraud, breach of express and implied warranty and defective product theories including strict liability. Special, general and even punitive damages may be available to victims showing harm, damages, and losses.

Continue reading “SOCIAL MEDIA INFLUENCER LIABILITY”