Advanced IP Forum for Advertising Counsel

Workshop A » 9:00 a.m. to 12:00 p.m.

(Registration and Continental Breakfast begin at 8:15 a.m.)

Best Practices for Protection of IP Rights when Employing Social Media

Steve Caldwell
Senior Counsel--Legal/IP
The Procter & Gamble Company (Cincinnati, OH)

Asim Khan
Counsel – Sales, Marketing, and Media Law
Samsung Electronics (Ridgefield Park, NJ)

Janet L. Cullum
Partner
Cooley LLP (New York, NY)

John E. Ottaviani
Partner
Edwards Angell Palmer & Dodge LLP (Providence, RI)

With social media now an essential tool for interacting with consumers, attorneys need a solid understanding of how intellectual property rights come into play when using these still-developing platforms. Sites such as Facebook, Twitter, and YouTube each present unique legal challenges, and the underlying technologies and user interfaces can be confusing for counsel to fully comprehend. This interactive workshop will enable attendees to go back to their companies much better equipped to spot the IP “red flags” that can pose a danger to their brands in this exploding area. Points of discussion will include:

• Understanding social media technology and how different types of IP are utilized and intersect with content
• Ensuring that you do not cede too much control over your IP assets when working with networking sites
• Addressing potential IP concerns when negotiating social media partnerships and co-promotions
• Devising effective procedures for monitoring your social media exposure and discerning questionable statements or use of IP assets
• Uncovering the processes for removing offensive content from different sites and the different protocols for offensive material
• Analyzing potential liabilities when a consumer posts new or borrowed content online and developing a strategy for controlling these risks
• Balancing free speech with concerns over potential exposure to claims of defamation and libel
• Managing and protecting consumer data
• Ensuring that monetization strategies for use of site traffic information do not open the door to consumer litigation or raise privacy concerns
• Understanding the terms of service that Facebook, MySpace and other sites impose upon their users
• Knowing when you can share information with other advertisers

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