Playing in the social media Sandbox

Social media has been defined as media for social interaction, using accessible and scalable publishing techniques through the use of web-based technologies such as interent forums (such as twitter, facebook, plaxo, linkedin, APRONING), blogs (to include weblogs, social blogs, microblogging,) podcasts, pictures video, rating and social bookmarking.

All businesses who employ someone should have a Social Media Policy In place. If you do not you could risk potential lawsuits in copyright or trademark infringement. you risk disclosure of potenitally protected materials which could be trade secrets. Nore importantly you could be giving up your right to capitalize on your name likeness or image.

Establishing a policy. If you as an employer establish a policy on the use of Social Media you can protect yourself if an employee does something that is against the policy and could come back to haunt you. this following is a list of items that should be included but is not limited too in a business policy on Social Media.

Define what is included in Social Media, ie blogging, facebook twitter, or anyother interent service such as that. Let them know what you expect such as no derogatory remarks about people, your business or other businesses. Let them know what would be considered a breach of the policy, Let them know there is no expectation of privacy. Inform them that as the owner of the business and computer you reserve the right to monitor email, telephone, letters or other business matters that occur while at the place of business. Let then know that if they have access to their work account from home any use from their will be part of the policy terms.

Once the policy is established you as an employer have a duty to communicate the policy to your employees just creating a policy and then not giving it to your employees and tellling them what is in it, is as if you never set a policy and could cause you to be liable for employees actions.

Make sure you enforce your policy do not waive any of the terms if you do that can be used against you if a lawsuit comes up in the future. When using items that may be copyrighted material from an artist, musician or author always seek permission first if you are using the someone elses work unless you can verify it is in the use of public domain.

Lastly when writing something always be wary of being inflamatory or derogatory to someone. if you delete it from your screen it does not mean it is deleted for good you computer leaves a virtual footprint. If need be look into acquriing software that does permanently delete materials.

If you have questions or concerns about setting up a policy for social media do not hesitate to contact The Law Office of Marc C. Paquette, PLLC at 480-993-6650 or at www.thepaquettelawfirm.com