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  • Jose Manuel Perez Marzabal 9:00 am on January 8, 2014 Permalink | Reply
    Tags: legal 2.0,   

    Steps to Take to Embed Content on Social Networks 

    Estimated Reading Time: 7 minutes

    The internet has created a stage in which possibilities to interact with new tools, together with a new public objective interested in sharing, expressing and communicating, have shaped a new model characterized by vigor, the transcendence of content and communities of users. In this context, as already pointed out in previous posts, new challenges are produced in the legal securities of companies and digital business models. To do this, the current post offers a series of guidelines that facilitate estimates of risks and legal obligations with respect to sharing and integrating content on social networks with particular emphasis in YouTube and Spotify.

    In addition to e-commerce platforms, there are a multitude of applications and web services focused on the generation of content. Two of the most known tools are YouTube and Spotify with which users can upload, share and see videos and music. Furthermore, a guided non-exhaustive list, are also very popular in other audio platforms (SoundCloud), videos (Vimeo), photography (Instagram, Flickr) or streaming (Ustream).

    The Legal Context

    In the legal Web context, as a general principle, one cannot utilize work and matter protected by intellectual property in social networks, unless they fulfill the following assumptions:

    • Any work that has been created that always does not yield to exploitation rights from third parties.
    • Work with authorization from its copyright owner, either explicitly written or through a Creative Commons license.
    • Work in the area of public domain.
    • Permanent exhibits on public mediums.
    • Speeches and public lectures, always done with an informative character and not a purely commercial manner.

    (More …)

  • Jose Manuel Perez Marzabal 9:00 am on October 16, 2013 Permalink | Reply
    Tags: legal 2.0, , ,   

    Buzz marketing campaigns and brand ambassadors: What to do legally? 

    Estimated reading time: 5 minutes

    Recommending a product or service to friends on Facebook, advertising on Twitter through prominent figures (marketing buzz), or sending company information to its LinkedIn contacts are all marketing models that become more and more popular in social networks. However, these types of practices carry legal implications.

    The relative novelty of the applicability of legal requirements in the context of social network services can create confusion of concepts and terminology, of which is significant at all levels. The evangelist consumers or brand ambassadors (brand advocates) all require forethought and thorough analysis prior to any marketing campaign.

    Digital marketing in legal terms

    In practice, the initial thinking in legal terms refers to the brand ambassadors as emergent advertising figures. And the legal implications of them in the context of complex systems through crowdsourcing and dynamic influence generated by social networks and product value platforms or services  in a profoundly interconnected ecosystem. The designated brand ambassadors are those evangelist consumers who support or feel passionate for certain brands and share their opinion about company products and services  in conversations with other people. (More …)

  • Jose Manuel Perez Marzabal 9:00 am on July 18, 2013 Permalink | Reply
    Tags: , , legal 2.0,   

    Legal aspects to consider by developers and applications for Facebook 

    Estimated reading time: 4 minutes

    The possible legal responsibility of platforms for developers with the launch of apps represents a problem still characterized by a lack of legal security. We will look at compliance with the platform’s standards by developers and applications, focusing specifically on Facebook.

    Since the App Store opened, the number of app repositories has grown at an amazing rate, resulting in numerous transnational business models.

    (More …)

  • Jose Manuel Perez Marzabal 9:00 am on March 19, 2013 Permalink | Reply
    Tags: legal 2.0, , ,   

    The importance of Internet naming for your digital strategy 

    Estimated reading time: 5 minutes

    One of the most critical aspects in online branding strategy is associated with domain names. Historically we found a tense relationship between domain names on the Internet and third-party brands that coincidentally match them. This tension has generated numerous predatory and parasite practices like, among others, the systematic usurpation of domain names for later sale to the highest bidder as a business model.

    From a current and practical perspective, in the context of the so-called Web 2.0 that represents an evolution regarding traditional corporate websites, we are faced by the phenomenon of naming and personalized addresses that social networks provide (“vanity URLs”). In my modest opinion, the previous situation is repeated which gives clear precedent of the figure of the “cybersquatters” before the existing policy of the ICANN was consolidated as a fundamental part of the entire works for registering and resolving controversies stemming from the holder of a domain name and a third party for the registration and abusive exploitation of the name in the scope of Internet domains (also known for its acronym “UDRP”), to favor the resolution of disputes by arbitral mechanisms with the intervention of accredited entities, including World Intellectual Property Organization (WIPO).

    The elements making up the internet of computer networks need to be identified and differentiated from others through a unique and irrepetible address. Said identification is achieved through IP address and the domain name system (DNS). The domain names, which have the legal nature of immaterial goods, went from being a simple electronic address to being a distinctive sign sui generis that identifies individuals and legal entities, which make up the ecosystem of the Internet.

    However, and here lies a potential source of litigation, practically any user name can be registered as a URL address on the social networks and web applications with the sole requirement that it is available – one of the exceptions possibly is Facebook-. In other words, under the current “open” regime, without prejudice of the service terms and conditions on social environments (which we talked about in the last post), there are hardly any restrictions for individuals or entities that can be registered. However, faced with an infraction, both brand and unfair competition legislation would be applicable, which have the procedural advantage of the possible adoption of preventative measures ab initio.

    While waiting for new developments, the fast growth of social networks, as well as the strategic interest of developing the brand on the Web 2.0, in particular for those companies whose activities cross borders, it also encourages the creation of a wide portfolio of user names. For this reason, it is recommended that all actors with a minimum presence on the internet or that want to have a competitive advantage based on differentiation and brand image should use tools like namechk or Google Alerts before designing their portfolio of domain and brand names that will be used to solidify their digital marketing strategy.

    Jose Manuel Pérez Marzabal (@jmperezmarzabal) a lawyer who specializes in the internet and e-commerce at MTNProjects. He is also a visiting professor at BES La Salle and a teaching consultant at Universitat Oberta de Catalunya (UOC). He has a Master’s in International Law (LL.M.) from WWU Münster and a Diploma in Advanced Studies in International Law and Economics from the University of Barcelona.


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