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Twitter and the Law - Legal Issues For Twitter Video Marketing

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Uploaded by on Oct 18, 2010

http://bit.ly/twitter-law ► We interviewed Evan Brown, intellectual property attorney, about the legal issues that exist with Twitter and online video marketing. Here is a partial transcript of the interview:

Grant 03:27 I'd like to ask you, as an internet lawyer, what would you consider to be the most important legal issues today with using twitter for business purposes?

Evan 03:58 The same issues that you would have with anybody using twitter, really. You pointed it out very well in kind of phrasing the question, there. It's very easy to put up content on twitter; there's very little preparation that needs to go into what you're going to say. So, I think the over-arching issue for companies, is to remember how using twitter can affect the brand. That's kind of a general notion that we can certainly unpack and break that down a little bit. But not only does a company need to be aware of what a company is saying about it's own brand, it's own goods, or services, or products, or what have you, to people in the marketplace, who may follow that company on twitter; but it also needs to be careful, the company needs to be careful about what it's saying about other companies, other participants in the marketplace. So, you know, in this whole mixture of things that could possibly go wrong from a legal standpoint, I would say protecting the brand is probably the biggest single legal issue that could arise from twitter.

Grant 05:01 Are there any scenarios you can envision, now that video is capable to show right in twitter (at twitter.com), that could present legal problems for businesses? Kind of like what you described. Maybe it's the impact of seeing a video on top of doing that, that quick tweet, that might, you know, cause problems?

Evan 05:40 Yes, yes. It's really that lack of any kind of lag time, or real period for there to be much thought as to what goes out in the twitter stream, or in these series of tweets. We can be, anybody can be really creative with thinking of all the different ways that you can use video, especially with the new tools that twitter has. And, there's a certain sense that things haven't changed that much, because, you know, as long as twitter has been around, you've been able to put links in your tweets. So conceivably, way back in 2007, when the first users of twitter emerged on the scene, you could have put a video in YouTube, you could have shortened the URL to it. I guess back in those days, Tiny URL was your only choice for these things. But now, it's much easier in a lot of different ways to put video, to use video in connection with twitter. So, as far as things going wrong from a legal standpoint. . . and by the way, I really don't necessarily enjoy couching legal issues from the framework of all those things that can go wrong; it kind of get's dull to be so risk-adverse all the time, you know, here's the lawyer's gotta be on the scene dampening the spirits of everything here. But looking at it from a risk-management standpoint for at least a little while, it's that, the fact that there's less time for it to be as much deliberate thought into what's going on with the video. It can just get out there; and that can present those problems with branding, like we were talking about just a second ago, saying something that's incorrect about your own goods or services; or saying something that is not true, and is misrepresenting, or even libelous, defamatory about a competitor's goods and services. Then, of course, this is a whole area we can talk into about standing alone, are the copyright issues with all of this stuff. If you're going to be taking video from other places -- not video that you're just shooting on the side or on the spot right there, but taking video, mixing it into a larger work, and then putting that into the twitter stream. The copyright questions present a set of scenarios that we should think about.

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  • great video! Gotta have an AGD! Attention getting device!

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