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”

95 Experts Reveal Their 3 “Must-Do’s” for Solopreneur Success

My friend, Mike Allton, just shared this new post that offers massive value to anyone interested in becoming a successful Solopreneur. I’m honored to be part of it.

Click here to enjoy Mike’s post.

Click here or below to watch Mike’s recent episode on TheShow.live 😉

 

Summit Live 2017: Photography Panel with Roberto Blake, Mitch Jackson, Keith Dixon, and Ross Brand

What would social media and livestreaming be without photography and videos?

I enjoyed being a (small) part of the Summit Live 2017 Photography Panel with the talented Roberto Blake, Keith Dixon, and livestreaming moderator extraordinaire, Ross Brand. Here’s the video.

Livestreaming and Online Broadcasting: 88 Predictions for 2017!

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I’m honored to be included in this All-Star panel! Want to know what 2017 has in store for livestreaming? Here you go! Click here…

A special thank you to Ross Brand of Livestream Universe for including me in the discussion 🙂

7 Ways to Start Your Next Facebook Live

How to Start Your Facebook Live Stream

Your Facebook Live audience has many options. If you fail to capture their immediate attention, they’ll click and go someplace else.

The next time you go live on Facebook, rather than pressing the “Go Live” button and stumbling through the initial sixty seconds with an awkward hello or self-introduction, try one of these seven approaches. If you do this correctly, you’ll intrigue your viewers, capture their attention, and get them invested in knowing what you’re going to say next.

Let’s say I’m jumping on Facebook Live to talk about the power of communication. I might start off with:

1.  A question

“Do you know what the biggest communication challenge is in today’s noisy world? It’s probably not what you think! In today’s Facebook live, I’m going to tell you what this huge challenge is. I’ll also be sharing three ways to overcome this problem and show you how to get your message heard each and every time.”

Next, roll into a short introduction and then move right into the livestream. Don’t waste everyone’s time during the first 5-10 minutes babbling on about nothing.

Six other approaches are:

2. Discuss a Current News Item

“Becoming an effective communicator got me on CNN last night to discuss the Presidential election. During the show, you all saw what happened. I think it just might change the outcome of the election. Would you like to know the communication steps I did to get the invite on to CNN in the first place?”

3. Share a Quote:

“The single biggest problem in communication is the illusion that it has taken place.” – George Bernard Shaw

4. Give a Statistic:

“The next time you deliver a speech, keep in mind that 90% of what you’re about to say will be forgotten within 60 minutes of your last spoken word. Want to learn how to help your audience remember almost everything you said?”

5. Have Your Audience Write Something Down

“There are five steps that exceptional communicators use to share their message. Grab a pen and paper because you’ll want to write them down.”

6. Make a Prediction

“By the time we finish this presentation, I predict that you will increase your ability to persuade others by 25 to 50%.

7. Tell a Relevant Story

“I watched opposing counsel give his closing argument. He stumbled through the whole thing. It was a mess. Using 4 of the tips that I’ll be sharing with you today, I stood up, walked over to the jury, and gave a closing argument that resulted in a multi-million dollar verdict. Want to know what those four steps are?”

Conclusion

I believe that creating a bit of intrigue and immediately capturing the attention of your audience is the best way to start off an effective Facebook Live. Follow this up with compelling content while engaging your audience. Do this and there’s no limit to how successful your next Facebook Live will be.

What’s Not To Like About Sue B. Zimmerman aka The Instagram Expert!

Sue B. Zimmerman was our guest on yesterday’s TheShow.live. It’s a weekly live video show where my co-host, Jen Hoverstad, and I share amazing people with our audience who are disrupting industries and creating change around the world.

In the little clip, Sue embarrassed me (although I have a pretty good poker face that I picked up back in the day while working at Caesars Palace in Tahoe). In all seriousness, Sue’s kind words were very much appreciated.

You can also watch the full episode and get insider tips from Sue about using Instagram, Instagram Stories and the new Instagram Video. Just click below!

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The Streaming Lawyer Goes Back To School (and it was a blast!)

Patricia Ragan Stokes

I just had an amazing experience joining two of Patricia Ragan Stokes‘ classes just outside Syracuse, New York. What’s especially cool is that I was able to do so via Skype from my office in Orange County, California. I wish more teachers would use this approach to share real-world experiences with their students. [Shout out #SkypeaThon #MIEExpert #EDTech]

By embracing digital, I believe Patricia is bringing leading-edge content to her students and creating a unique learning environment. I had a blast engaging with both classes, and we chatted about business, contracts, law, Snapchat and Instagram. I also had fun thinking about and then answering the question about what it’s like to be a trial lawyer.

Here are a few video clips Patricia was kind enough to share on Twitter!

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mitch jackson

Mitch Jackson aka The Streaming Lawyer

Snapchat’s Spectacles Glasses Look Like Fun. Please Just Don’t Use Them While Driving!

Snapchat’s new Spectacles glasses allow you to record video and then share your video through the Snapchat app. Way cool.

Spectacles offer all of us a new way to share our life experiences with the world. I fully grasp the power of Spectacles because I was an early user of Google Glass. I get the tech. It’s fun, and engaging.

But here’s the thing. If you use Spectacles while operating a vehicle, then you’re engaging in distracted driving and putting everyone’s lives at risk.

The Facts

At first glance, most consumers probably think using Spectacles while driving is no big deal. I get that initial reaction. It’s a reasonable assumption but it’s also a false one.

Continue reading “Snapchat’s Spectacles Glasses Look Like Fun. Please Just Don’t Use Them While Driving!”