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Social Media

Common Errors in Seeking Website Copyright Protection

June 9, 2011

Last week, the IT BusinessEdge blog quoted me about copyright protection for websites in an article entitled “How Much Will You Do to Protect Content?” The article fleshes out some of the benefits of copyright protection, including statutory damages, attorney’s fees, but implies that the copyright protection process seem unwieldy and perhaps not worth the effort. Although I was quoted in the article, I cannot agree with its overall message. I would answer the article’s title query but saying that protecting a website is a smart business move. If the website is initiated properly, the process is painless and adds value to your brand.

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Facebook’s New Promotions Guidelines: More Options for Marketers But Increased Legal Onus

June 2, 2011

On May 11, 2011, Facebook released yet another version of its Promotions Guidelines. It appears that Facebook has accepted that it is not the proper arbiter of legal principles. Instead, such decisions are more appropriately made in the hands of the courts or governing authorities.

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Fearless Marketing: Five Steps to Launching a Social Media Presence

May 24, 2011

Last week, I spoke at the GSMI Social Media Legal Risks and Strategies Summit on “Protecting Your Brand in Social Media” and “Prize Promotions in Social Media and Mobile Marketing.” Most of the audience was feeling their way into social media and trying to get a handle on the legal issues they might confront. While many attendees seemed convinced of the power of social media, they also seemed scared by the risks. I was reminded of the words of Theodore Roosevelt: “It is hard to fail, but it is worse never to have tried to succeed.” Indeed, it is possible to chart a course in social media that affords legal protection and safeguards to a brand. Below, I outline a five step process.

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Kyle-Beth Hilfer quoted in The Prepaid Press about Groupon Class Action Lawsuits

May 9, 2011

Kyle-Beth Hilfer was quoted in The Prepaid Press’ article “Group Buying is a Hot Trend: Can Deals Make Loyal Customers?”. She comments about the class action lawsuits pending against Groupon. See http://bit.ly/ipQ7B6.

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GSMI Mobile Marketing Strategies Summit: Sandwiched by FTC Enforcement and Class Action Litigation

May 3, 2011

Last week, I spoke at the GSMI Mobile Marketing Strategies Summit in San Francisco on running mobile promotions. The Summit’s timing was impeccable. Before the Summit, the FTC announced enforcement actions under the TCPA and the Telemarketing Sales Rule. Immediately after the Summit, class action lawyers filed complaints based on mobile marketers’ practice of confirming consumers’ desire to opt-out. With flip cameras going by the wayside and smartphones increasing in market share, mobile devices are increasingly important in our lives. As brands step into this nascent space, it is crucial to understand the legal issues that permeate mobile marketing.

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Five Common Legal Errors in Internet and Social Media Marketing

April 25, 2011

I have met a surprising number of experienced business people who do not budget for legal advice. Here are five common legal mistakes in Internet and social media marketing that can result in financial penalties and business interruption.

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