What is Tiger's legal, social media, and public relations team doing to stop the bleeding? So far, Team Tiger's strategy has been to duck and cover, and hope for the cavalry to arrive sooner rather than later. As General Custer found out, the cavalry doesn't always come in time to save you. The entire media and social media world, including the New York Post, US Magazine, and The Today Show, are circling and Tiger's response has been to go into seclusion and avoid everyone and everything in the hopes that TigerSexgate will somehow go away.
As I stated in a previous post, Tiger must be proactive during this time of crisis. Unfortunately, Team Tiger is in paralysis and unable to create an effective crisis response. On the home page of http://www.tigerwoods.com/ it should state in big bold letters "I am Sorry" and Tiger should personally state in a video posted on his website that he is sorry for the all of the pain he has caused his wife and family, he is sorry to his fans, the public, and to his sponsors and that he will work to regain their trust. The video should be released to every social media website to get his message across. As of this writing, Tiger and his website are trying to ignore TigerSexgate and this strategy is failing.
Is Team Tiger taking direction from Tiger, his personal attorney(s), his agent(s), or his publicist(s)? Whomever is the general in this fiasco must be replaced immediately. If Tiger is making the decision to stay out of the spotlight he needs to summon the courage to face the public and come clean. Leaders and role models address criticism head on and personally take full responsibility for their actions. So far, Tiger has failed to live up to the image that Team Tiger has created. This situation reminds me of the scene in The Wizard of Oz when the curtain on the Wizard is pulled back and there is nothing there but a man, not a "Wizard."
It has been approximately two weeks, and I am very surprised that his sponsors that include: Accenture, Electronic Arts, General Motors, Gillette, Pepsi, Proctor and Gamble, and Tag Heuer have been generally quiet since the story broke. If I was the legal counsel for any of Tiger's sponsors I would be reviewing the endorsement contract that my company has with Tiger and analyzing the "morals clause" that I assume was inserted in each contract. A contract morals clause provides a company the ability to terminate the services of an endorser if the endorser engages in activity that is inconsistent with a company's public image.
If the morals clause is properly drafted, I would advise my client to drastically redraft the endorsement contract or sever all ties with Tiger since my client is paying for an image that no longer exists. Companies want to be associated with people who are at the top of their profession, have the right personal image, and who know how to react when either their professional or personal image is under attack since an attack on the endorser is also an attack on the company's brand. Tiger no longer has the image companies desire and his ostrich like "head in the sand" reaction to this crisis demonstrates he is out of touch with the customers whom he is paid to attract.
When dealing with high profile clients, an attorney should ask his client(s) about any "possible future challenges" that may be on the client's radar. Sometimes the client will not be forthcoming, other times the client may provide this information. Due to the nature of the attorney-client relationship an attorney should make the client feel comfortable enough to provide this type of information so an attorney may be proactive in preventing a public relations nightmare that may have corporate and legal consequences.
Immediately after reports of Tiger's multiple infidelities become public, Tiger's legal team should have sprung into action. Tiger's legal team should have had the contact information for each woman with whom he had an inappropriate relationship with so they could negotiate a settlement to keep the relationship a private matter. In particular, Tiger should have worked with his legal team to list in order the women who have the most "evidence" of a relationship to the least amount of evidence. The women with whom he "sexted" with, left voice mails with, emailed with, or left any other possible evidence (Think Monica Lewinsky's Blue Dress), should have been targeted first. These women should have been offered appropriate settlements with iron clad confidentiality agreements.
Tiger should have followed Michael Jackson's lead and spent the money necessary to keep his image intact. Michael Jackson's image took a hit but he was never convicted of child molestation. Michael Jackson's settlement with his accuser(s) allowed him to keep his freedom and to go back to making music. Unfortunately, he tragically passed away earlier this past year before he was able to make another comeback.
Tiger's "transgressions" will not put him jail. However, it may forever change his relationship with his wife and family, eliminate hundreds of millions of dollars in marketing opportunities, destroy his public persona forever, and may affect his ability to focus on playing golf. I thought Tiger was a lock to easily surpass Jack Nicklaus on the all-time major wins list. After watching his response to TigerSexgate, I believe that Tiger will be lucky to win one more major. I hope he proves me wrong, but at this point in time I doubt it.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, December 10, 2009
Wednesday, December 2, 2009
Social Media Has Forever Tarnished Tiger Woods' Image
Tiger Woods is the most popular and recognizable professional athlete on the planet and the highest paid athlete and pitchman. However, his purported "transgressions" during the past several years that have recently come to light and his response or initial lack thereof to the rumors concerning his extracurricular activities may have permanently tarnished his marketability.
Tiger's image has been very tightly controlled for many years and he has allowed his great skills on the golf greens to do most of his talking. Tiger's car accident over the Thanksgiving holiday weekend combined with published reports that he has been unfaithful to his wife have forever changed his image. From a legal perspective, Tiger's refusal to speak with police or provide a statement regarding the accident was his best move. However, from a public relations perspective Tiger's initial silence concerning the car accident and his alleged "transgressions" have created a feeding frenzy throughout the social media world.
Everybody makes mistakes. Our country is very forgiving and in the past when our heroes have fallen down and they have worked to repair the damage, the public has accepted them with open arms. A prime example of this is how former President Bill Clinton has bounced back since the Monica Lewinsky scandal. Even though President Clinton had to deal with the 24 hour news cycle, cable news, and the Internet (albeit a much less robust one than we have today), he did not have to deal with the power of social media.
Social media has changed the game. Due to a multitude of news websites, blogs, podcasts, etc... there is no escaping a story. Unfortunately, Tiger's handlers still do not understand the power of social media and how to respond to legal issues that they encounter in the Social Media Age. This is evidenced by Tiger's 11/29/2009 statement concerning his car accident and his 12/02/2009 comments regarding his personal indiscretions. Neither statement provides a clear explanation of what has truly happened, which the public and many of Tiger's fans and supporters want.
From a legal perspective, the less said about a legal matter the better. However, from a public relations standpoint, it is usually advisable to defuse a story by getting out in front of it by either acknowledging it or providing evidence to debunk it. An excellent example of successful public relations is how Meredith Baxter, aka Elyse Keaton of Family Ties fame handled the story concerning her sexuality. Ms. Baxter had been seen on a lesbian cruise and immediate questions concerning her sexuality were raised. Ms. Baxter got wind that a tabloid was going to "out" her so she went on The Today Show to out herself and take control of her story. Ms. Baxter's proactiveness destroyed the sensationalism of the story.
A second example of how to successfully handle a sex scandal is the way late night talk show host David Letterman reacted during his recent sex scandal. Mr. Letterman admitted the sexual affairs on his show. In general, Mr. Letterman has so far come out relatively unscathed. The only criticism of the manner in which this scandal has been handled is that CBS has refused to post Mr. Letterman's admission on CBS.com and it has used its legal muscle to force Youtube.com to remove it on the basis of copyright infringement. Despite these actions, unauthorized copies of Mr. Letterman's public apology are easy to find on the Internet.
In contrast, Tiger has tried to ignore his current situation and it appeared that he hoped it would all blow over. There is a good possibility that it will no longer be in the news cycle in a couple of weeks. However, social media will keep it alive on the Internet. If Tiger would have come clean a few days ago and went on camera and stated something along the lines that he was upset when he left his house and this caused his car accident and that he has been unfaithful to his wife and he is sorry for the pain he caused the story would be over. However, refusing to come clean early in the news cycle of the story has only fueled the fire and allowed for tabloid fodder. The longer Tiger waits to come clean, the more he tarnishes his well-crafted image.
Therefore, due to the power of social media it is important to hire a legal and public relations team that understands the legal, business, and public relations consequences of each possible course of action. In my opinion, Tiger needs to reevaluate his legal and public relations strategy to incorporate the new reality of the Social Media Age.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tiger's image has been very tightly controlled for many years and he has allowed his great skills on the golf greens to do most of his talking. Tiger's car accident over the Thanksgiving holiday weekend combined with published reports that he has been unfaithful to his wife have forever changed his image. From a legal perspective, Tiger's refusal to speak with police or provide a statement regarding the accident was his best move. However, from a public relations perspective Tiger's initial silence concerning the car accident and his alleged "transgressions" have created a feeding frenzy throughout the social media world.
Everybody makes mistakes. Our country is very forgiving and in the past when our heroes have fallen down and they have worked to repair the damage, the public has accepted them with open arms. A prime example of this is how former President Bill Clinton has bounced back since the Monica Lewinsky scandal. Even though President Clinton had to deal with the 24 hour news cycle, cable news, and the Internet (albeit a much less robust one than we have today), he did not have to deal with the power of social media.
Social media has changed the game. Due to a multitude of news websites, blogs, podcasts, etc... there is no escaping a story. Unfortunately, Tiger's handlers still do not understand the power of social media and how to respond to legal issues that they encounter in the Social Media Age. This is evidenced by Tiger's 11/29/2009 statement concerning his car accident and his 12/02/2009 comments regarding his personal indiscretions. Neither statement provides a clear explanation of what has truly happened, which the public and many of Tiger's fans and supporters want.
From a legal perspective, the less said about a legal matter the better. However, from a public relations standpoint, it is usually advisable to defuse a story by getting out in front of it by either acknowledging it or providing evidence to debunk it. An excellent example of successful public relations is how Meredith Baxter, aka Elyse Keaton of Family Ties fame handled the story concerning her sexuality. Ms. Baxter had been seen on a lesbian cruise and immediate questions concerning her sexuality were raised. Ms. Baxter got wind that a tabloid was going to "out" her so she went on The Today Show to out herself and take control of her story. Ms. Baxter's proactiveness destroyed the sensationalism of the story.
A second example of how to successfully handle a sex scandal is the way late night talk show host David Letterman reacted during his recent sex scandal. Mr. Letterman admitted the sexual affairs on his show. In general, Mr. Letterman has so far come out relatively unscathed. The only criticism of the manner in which this scandal has been handled is that CBS has refused to post Mr. Letterman's admission on CBS.com and it has used its legal muscle to force Youtube.com to remove it on the basis of copyright infringement. Despite these actions, unauthorized copies of Mr. Letterman's public apology are easy to find on the Internet.
In contrast, Tiger has tried to ignore his current situation and it appeared that he hoped it would all blow over. There is a good possibility that it will no longer be in the news cycle in a couple of weeks. However, social media will keep it alive on the Internet. If Tiger would have come clean a few days ago and went on camera and stated something along the lines that he was upset when he left his house and this caused his car accident and that he has been unfaithful to his wife and he is sorry for the pain he caused the story would be over. However, refusing to come clean early in the news cycle of the story has only fueled the fire and allowed for tabloid fodder. The longer Tiger waits to come clean, the more he tarnishes his well-crafted image.
Therefore, due to the power of social media it is important to hire a legal and public relations team that understands the legal, business, and public relations consequences of each possible course of action. In my opinion, Tiger needs to reevaluate his legal and public relations strategy to incorporate the new reality of the Social Media Age.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Monday, November 30, 2009
Tweeting May Land You In Prison
The World War II adage, "Loose Lips Sink Ships" applies to Social Media in the 21st century. It appears that Roger Avary, Co-Screenwriter of Pulp Fiction, either never heard of this slogan or never thought his tweets would lead to his incarceration.
Mr. Avary pleaded guilty earlier this year to vehicular manslaughter while intoxicated. Mr. Avary was purportedly driving more than 100 mph when he crashed his car last year. A passenger in his car was killed and his wife was injured in the crash. Even though he was sentenced to prison for his actions, it appears he was instead assigned to a work furlough program. L.A. Times Technology blogger, Mark Milian discovered Mr. Avary's Twitter account and his tweets so he investigated why Mr. Avary was able to tweet when he was scheduled to be in prison without cell phone access. It turned out that Mr. Avary was assigned to a work furlough program instead of prison. Mr. Milian blogged about Mr. Avary's tweets and within several days it appears that Mr. Avary was reassigned to jail.
The old adage "silence is golden" still applies in the age of social media. It appears that Mr. Avary would have been better off if he had kept his mistaken gift of freedom to himself.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Mr. Avary pleaded guilty earlier this year to vehicular manslaughter while intoxicated. Mr. Avary was purportedly driving more than 100 mph when he crashed his car last year. A passenger in his car was killed and his wife was injured in the crash. Even though he was sentenced to prison for his actions, it appears he was instead assigned to a work furlough program. L.A. Times Technology blogger, Mark Milian discovered Mr. Avary's Twitter account and his tweets so he investigated why Mr. Avary was able to tweet when he was scheduled to be in prison without cell phone access. It turned out that Mr. Avary was assigned to a work furlough program instead of prison. Mr. Milian blogged about Mr. Avary's tweets and within several days it appears that Mr. Avary was reassigned to jail.
The old adage "silence is golden" still applies in the age of social media. It appears that Mr. Avary would have been better off if he had kept his mistaken gift of freedom to himself.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, November 29, 2009
The EEOC May Punish Employers Or Insurers Who Review Applicants or Employees' Social Media Posts For Insurance or Personnel Decisions
The Genetic Information Nondiscrimination Act ("GINA") that went into effect on November 21, 2009, prohibits employers from utilizing genetic tests or considering an applicant or employee's genetic background in hiring, firing, or promotions. The main change from the law is that in general, it will prohibit health insurers and employers from asking employees to provide their family medical histories. GINA applies to companies who have more than 15 employees.
The U.S. Equal Employment Opportunity Commission is trying to determine how social media will fit into the law. GINA does not punish employers for obtaining information on workers from traditional or electronic media. However, with the explosion in the use of social media, the EEOC is worried that health insurers and employers will data mine an applicant or employee's social media accounts and utilize the information obtained to discriminate against them.
The easiest way for an applicant or employee to avoid any possible discrimination based upon their genetic background is to avoid discussing their personal or family medical issues on social media. I believe there are some things that better suited for a personal conversation or an email than a social media post. I would like to borrow from the the old Latin derived saying "Let the Buyer Beware" and coin the phrase "Let the Social Media Poster Beware."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The U.S. Equal Employment Opportunity Commission is trying to determine how social media will fit into the law. GINA does not punish employers for obtaining information on workers from traditional or electronic media. However, with the explosion in the use of social media, the EEOC is worried that health insurers and employers will data mine an applicant or employee's social media accounts and utilize the information obtained to discriminate against them.
The easiest way for an applicant or employee to avoid any possible discrimination based upon their genetic background is to avoid discussing their personal or family medical issues on social media. I believe there are some things that better suited for a personal conversation or an email than a social media post. I would like to borrow from the the old Latin derived saying "Let the Buyer Beware" and coin the phrase "Let the Social Media Poster Beware."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, November 22, 2009
Medical Insurance Policy Holder Claims Benefits Terminated After Facebook Posting
Social Media has become a double edged sword for the 21st century. Facebook, Twitter, Myspace, LinkedIn, etc... has made it so much easier for old friends to reconnect and professionals to network. However, let me emphasize again, beware of what you post on these websites, it might come back to haunt you. Take for example, the latest from our Northern American neighbor.
In Canada, a Manulife Insurance policy holder claims that her sick-leave benefits were terminated after several photos of herself appeared on Facebook. The policy holder was out on sick-leave due to depression and the photos that were posted on Facebook appear to show the policy holder having a good time at a Chippendales bar show. Whether or not that was a reason, or the only reason that Manulife terminated the policy holder's sick leave, the moral of the story is do not make any Social Media posts or link to any posts or photos that can ever be utilized against you.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
In Canada, a Manulife Insurance policy holder claims that her sick-leave benefits were terminated after several photos of herself appeared on Facebook. The policy holder was out on sick-leave due to depression and the photos that were posted on Facebook appear to show the policy holder having a good time at a Chippendales bar show. Whether or not that was a reason, or the only reason that Manulife terminated the policy holder's sick leave, the moral of the story is do not make any Social Media posts or link to any posts or photos that can ever be utilized against you.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Saturday, November 21, 2009
Tweeters Beware: Google Is Archiving All Tweets
Do you remember the scene from the movie Swingers where Jon Favreau's character Mikey makes multiple phone calls to a Nikki, a woman that he met earlier that night at the Dresden and embarrasses himself so thoroughly that she tells him to never call him again? Whether Mikey was "Drunk Dialing" or not, when the movie was made in 1996 there was not a chance of his actions being disseminated to the entire world.
Fast Forward to 2009. Now imagine if you start "Drunk Tweeting" or "Drunk Facebooking." Instead of only one person knowing about an episode in your life that you may want to forget, all Internet users may now be able to access this information because Google is now archiving all tweets. This may not only lead to future embarrassing situations, it will also drastically increase the cost of E-Discovery. As a take off from a saying that some have attributed to Mark Twain, "It is better to keep your tweets to a minimum and be thought a twit than to tweet all night and remove all doubt."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Fast Forward to 2009. Now imagine if you start "Drunk Tweeting" or "Drunk Facebooking." Instead of only one person knowing about an episode in your life that you may want to forget, all Internet users may now be able to access this information because Google is now archiving all tweets. This may not only lead to future embarrassing situations, it will also drastically increase the cost of E-Discovery. As a take off from a saying that some have attributed to Mark Twain, "It is better to keep your tweets to a minimum and be thought a twit than to tweet all night and remove all doubt."
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, November 18, 2009
Courtney Love Is Being Sued For Her Tweets
Courtney Love is being sued by fashion designed Dawn Simorangkir after Ms.Love allegedly posted false and derogatory statements about Ms. Simorangkir on Twitter. According to CNN, Ms. Love made the alleged libelous statements after she had a disagreement with Ms. Simorangkir regarding the cost of Ms. Simorangkir's services.
The bottom line is that social media users should avoid posting content that may be considered libel. Insurance companies who provide Social Media Insurance or Social Networking Insurance for active Tweeters, Bloggers, and Facebookers would be wise to capitalize on the market's need for this type of insurance sooner rather than later. Social Media Insurance will one day be as common as an insurance rider for personal articles.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The bottom line is that social media users should avoid posting content that may be considered libel. Insurance companies who provide Social Media Insurance or Social Networking Insurance for active Tweeters, Bloggers, and Facebookers would be wise to capitalize on the market's need for this type of insurance sooner rather than later. Social Media Insurance will one day be as common as an insurance rider for personal articles.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Thursday, November 12, 2009
Facebook Acts As An Alibi For A Brooklyn, New York Teenager
Social Media is being used everyday by the police and prosecutors as evidence in court. Up until now, Social Media and Social Networking usage has been primarily used as evidence against defendants. However, in what may be the first highly publicized defense usuage, a Brooklyn, New York teenager was able to utilize Facebook as an alibi when he was accused of a crime.
According to the The New York Times, the teenager was incorrectly identified by a victim as a robbery suspect. Fortunately, the teenager was an active Facebook user and was on Facebook at his family's home computer at the same time that the alleged crime occurred. Due to the electronic evidence from the Facebook post, prosecutors dropped the charges and the teenager was freed from Riker's Island, one of the most dangerous prisons in the country.
Some skeptics may point out that someone else may have used the teenager's account to make the post to create an alibi. And others may state that a savvy techie can figure out a way to be in two places at once. That is always the possibility in any case. However, the bottom line is that Social Media is here to stay and police, prosecutors, judges, juries, and defense attorneys need to learn how to incorporate it into the U.S. Justice System.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
According to the The New York Times, the teenager was incorrectly identified by a victim as a robbery suspect. Fortunately, the teenager was an active Facebook user and was on Facebook at his family's home computer at the same time that the alleged crime occurred. Due to the electronic evidence from the Facebook post, prosecutors dropped the charges and the teenager was freed from Riker's Island, one of the most dangerous prisons in the country.
Some skeptics may point out that someone else may have used the teenager's account to make the post to create an alibi. And others may state that a savvy techie can figure out a way to be in two places at once. That is always the possibility in any case. However, the bottom line is that Social Media is here to stay and police, prosecutors, judges, juries, and defense attorneys need to learn how to incorporate it into the U.S. Justice System.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, November 11, 2009
Did Letterman's Alleged Blackmailer Register The "Screenplay?"
This morning The Today Show aired a piece on the alleged bribery of David Letterman by Robert Halderman. Halderman's attorney Gerald Shargel made an extremely novel and interesting argument. Mr. Shargel stated that Halderman was merely offering Letterman the first opportunity to buy a "screenplay" that included alleged damaging information about Letterman's private life. Halderman purportedly offered to sell Letterman the "screenplay" for $2,000,000.
Mr. Shargel's argument might be a winning one if some of the following questions were first answered: Did Halderman register his "screenplay" with the U.S. Copyright Office? How about the Writer's Guild? What type of social media promotion plan did Halderman have to promote his project if Letterman did not want to buy it? Was Halderman shopping his "screenplay" around to any other potential buyers?
It costs $35 to register a work online with the U.S. Copyright Office and at most $22 to register a work with the Writers Guild of America East. If Halderman registered his "screenplay" with either of these organizations his argument that he was merely offering Letterman a first crack at his work may be successful. However, if the "screenplay" was not registered, I do not believe that the argument his attorney mentioned this morning will be a winning one. If this purported screenplay had widespread commercial value Halderman would have taken the steps necessary to protect his intellectual property.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Mr. Shargel's argument might be a winning one if some of the following questions were first answered: Did Halderman register his "screenplay" with the U.S. Copyright Office? How about the Writer's Guild? What type of social media promotion plan did Halderman have to promote his project if Letterman did not want to buy it? Was Halderman shopping his "screenplay" around to any other potential buyers?
It costs $35 to register a work online with the U.S. Copyright Office and at most $22 to register a work with the Writers Guild of America East. If Halderman registered his "screenplay" with either of these organizations his argument that he was merely offering Letterman a first crack at his work may be successful. However, if the "screenplay" was not registered, I do not believe that the argument his attorney mentioned this morning will be a winning one. If this purported screenplay had widespread commercial value Halderman would have taken the steps necessary to protect his intellectual property.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, November 10, 2009
Sex, Sexting, Lies, Videotape, and Carrie Prejean
Carrie Prejean, the former Miss California who has been ostracized by many in the media since celebrity blogger Perez Hilton "outed" her as a woman whom many would consider does not have liberal opinions, has recently ended her legal fight with the Miss California Pageant. In many articles, it has been reported that Ms. Prejean ended the legal wrangling after the pageant obtained a purported sex tape that included Ms. Prejean.
According to Ms. Prejean's interview on The Today Show, the sex tape that has been in the media the past week is what would now be called a "sexting" tape. In The Today Show interview, Ms. Prejean stated that she was 17 years old when the tape was made, she is the only person in the tape, and she made the tape to send only to her boyfriend. In other words, not nearly as salacious as the press has hyped it to be.
This situation highlights that nobody can hide from their past. In general, I believe that almost everyone deserves a second chance because everyone makes mistakes. Unfortunately, Social Media and the Internet can destroy one's reputation almost instantly. It is important to understand your rights when you are being filmed and photographed, and when you are posting to the Internet. Even if you understand your rights, you must realize that once something is released onto the Internet, even if it is an unauthorized release, it can never be fully retrieved.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
According to Ms. Prejean's interview on The Today Show, the sex tape that has been in the media the past week is what would now be called a "sexting" tape. In The Today Show interview, Ms. Prejean stated that she was 17 years old when the tape was made, she is the only person in the tape, and she made the tape to send only to her boyfriend. In other words, not nearly as salacious as the press has hyped it to be.
This situation highlights that nobody can hide from their past. In general, I believe that almost everyone deserves a second chance because everyone makes mistakes. Unfortunately, Social Media and the Internet can destroy one's reputation almost instantly. It is important to understand your rights when you are being filmed and photographed, and when you are posting to the Internet. Even if you understand your rights, you must realize that once something is released onto the Internet, even if it is an unauthorized release, it can never be fully retrieved.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Wednesday, November 4, 2009
Facebook Sued For Allegedly Violating the Video Privacy Protection Act
Social Media website Facebook was recently sued along with Blockbuster for breaking the Video Privacy Protection Act (USC Title 18 Section 2710) because Facebook was making some type of public notation every time a Texas woman was renting a video from Blockbuster. Apparently, Facebook and Blockbuster had or have some type of partnership that involves an information sharing agreement that allowed video rental information to be shared without the Facebook user's authorization or ability to opt out.
Facebook's information sharing problem was partly due to its Beacon Advertising System that is supposedly being discontinued. Beacon was initially designed as an opt out instead of an opt in system. Therefore, Facebook users needed to be extremely vigilant to keep their personal information private.
The proliferation of social media and social networking sites has made it difficult to keep one's personal details private. Unfortunately, unless there is some type of consumer backlash that forces Congress to pass strong legislation that sets an enforcement mechanism that includes stiff penalties, this type of information sharing will dramatically increase in the near future.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Facebook's information sharing problem was partly due to its Beacon Advertising System that is supposedly being discontinued. Beacon was initially designed as an opt out instead of an opt in system. Therefore, Facebook users needed to be extremely vigilant to keep their personal information private.
The proliferation of social media and social networking sites has made it difficult to keep one's personal details private. Unfortunately, unless there is some type of consumer backlash that forces Congress to pass strong legislation that sets an enforcement mechanism that includes stiff penalties, this type of information sharing will dramatically increase in the near future.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Sunday, November 1, 2009
Google Book Settlement Angers Chinese Authors
I have written extensively on this blog that the biggest beneficiary of the Google Book Settlement as it is currently configured is Google. Surprise. Surprise. Surprise. Did I just say that or was that my Gomer Pyle impression? Fortunately, the U.S. Deparment of Justice and the U.S. Copyright Office has strenuously objected to the settlement and the parties are back at the negotiating table. According to the New York Times, the current settlement may create some international difficulties for the U.S. because the proposed settlement may affect authors whose rights are protected under various international treaties. I am not surprised that international authors are against the proposed settlement. I am just a bit surprised that it has taken so long for the international community to become mobilized.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, October 27, 2009
Employers Are Using Social Media to Reject Job Applicants
The current economic climate has been extremely brutal across the country. In many industries, a paradigm shift has occurred and thousands of jobs that have been cut will never re-appear when the economy recovers. Those companies that are hiring have a large pool of candidates to choose from. However, having the "pick of the litter" is not good enough for some employers. According to an article on MSNBC.com, some employers are not just reviewing the information that an applicant has provided, but they are also diving deep into the candidate's social media background to find people to contact that may have some "dirt" on a candidate. This is only a breach of protocol from the normal process and not illegal. However, some companies are now requiring as part of the interview process that a candidate sign a waiver not to sue if a former boss or a social media contact disparages a candidate. While the former is just sneaky, the later is downright disgusting and should be against the law.
People who need a job will sign almost anything when they are in a vulnerable position. A waiver may provide immunity to an "off-list" reference to say anything about the candidate whether true or not. When the reference is someone a candidate has chosen there usually is not much to worry about. However, this type of waiver may be forced upon a candidate for every single "friend" or "connection" that a person has in their social media accounts.
I am generally against Congress interfering with our daily lives. However, this is the type of situation if allowed to become a generally accepted business practice could undermine people's ability to obtain a job or even keep a job. Therefore, before this type of practice becomes widespread, Congress needs to step in to stop it dead in its tracks.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
People who need a job will sign almost anything when they are in a vulnerable position. A waiver may provide immunity to an "off-list" reference to say anything about the candidate whether true or not. When the reference is someone a candidate has chosen there usually is not much to worry about. However, this type of waiver may be forced upon a candidate for every single "friend" or "connection" that a person has in their social media accounts.
I am generally against Congress interfering with our daily lives. However, this is the type of situation if allowed to become a generally accepted business practice could undermine people's ability to obtain a job or even keep a job. Therefore, before this type of practice becomes widespread, Congress needs to step in to stop it dead in its tracks.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Saturday, October 24, 2009
NFL Fights Over Access To College Game Day Content
The NFL is currently in a standoff with the company that video records college football games for eight conferences and then delivers it digitally to the NFL. The content is primarily utilized by the NFL's College Advisory Committee to form an official opinion on college juniors who are thinking about entering the NFL draft before their college eligibility is exhausted. The College Advisory Committee acts as another source for potential early entrants to the NFL draft because without this committee prospects would only be able to obtain information about their possible draft prospects from sports agents and their college football coaches.
The company that creates the content and then delivers it to the NFL, XOS Technologies, has reportedly made a mulit-million dollar rights fee request on behalf of the college football conferences it works with to the NFL for content that was previously delivered free. The College Advisory Committee is made up of participants from each NFL team and it provides a draft opinion of college underclassmen. This arrangement has provided college juniors an opinion that is not biased by the opposing interests that sports agents and college coaches inherently possess. The analysis that the College Advisory Committee provides is mutually beneficially to both the NFL and to underclassmen. Potential draft prospects are able to obtain a professional opinion about their readiness for the NFL while the NFL has been able to scout potential draft picks with free access to game day tapes.
From a legal and business perspective, there are several issues that need to be determined. What is the monetary value of the game tapes to the NFL? Who owns the rights to these game day tapes? Does the conference own the game day content or do the two schools who play the game own the rights? If the content is used for purposes other than talent evaluation, such as for entertainment or analysis on the NFL Network, what is the value of this use? If a college underclassman would like to obtain the game day tapes and post clips on a social media website to promote himself can the player also obtain the rights for this use? How much is the College Advisory Committee's talent evaluation services worth to college football programs and their players?
These questions need to be answered sooner rather than later because there is a high probability that a larger number of juniors than usual will declare themselves available for the upcoming NFL draft due to the possibility that a new NFL Collective Bargaining Agreement that is in the initial stages of negotiation may put some type of cap on rookie salaries.
In my opinion, the NFL should pay some type of fee for the game day tapes depending on the type of rights that are granted. Since NFL teams pay tens of millions of dollars to top draft picks, game day tapes are very valuable in the evaluation process. I do not believe it would be practical to charge potential draftees for an independent evaluation because most likely they could not afford the cost of the review. However, I think some type of deal should be worked out that would allow a player to obtain game day content that would allow them to directly promote themselves on social media websites.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
The company that creates the content and then delivers it to the NFL, XOS Technologies, has reportedly made a mulit-million dollar rights fee request on behalf of the college football conferences it works with to the NFL for content that was previously delivered free. The College Advisory Committee is made up of participants from each NFL team and it provides a draft opinion of college underclassmen. This arrangement has provided college juniors an opinion that is not biased by the opposing interests that sports agents and college coaches inherently possess. The analysis that the College Advisory Committee provides is mutually beneficially to both the NFL and to underclassmen. Potential draft prospects are able to obtain a professional opinion about their readiness for the NFL while the NFL has been able to scout potential draft picks with free access to game day tapes.
From a legal and business perspective, there are several issues that need to be determined. What is the monetary value of the game tapes to the NFL? Who owns the rights to these game day tapes? Does the conference own the game day content or do the two schools who play the game own the rights? If the content is used for purposes other than talent evaluation, such as for entertainment or analysis on the NFL Network, what is the value of this use? If a college underclassman would like to obtain the game day tapes and post clips on a social media website to promote himself can the player also obtain the rights for this use? How much is the College Advisory Committee's talent evaluation services worth to college football programs and their players?
These questions need to be answered sooner rather than later because there is a high probability that a larger number of juniors than usual will declare themselves available for the upcoming NFL draft due to the possibility that a new NFL Collective Bargaining Agreement that is in the initial stages of negotiation may put some type of cap on rookie salaries.
In my opinion, the NFL should pay some type of fee for the game day tapes depending on the type of rights that are granted. Since NFL teams pay tens of millions of dollars to top draft picks, game day tapes are very valuable in the evaluation process. I do not believe it would be practical to charge potential draftees for an independent evaluation because most likely they could not afford the cost of the review. However, I think some type of deal should be worked out that would allow a player to obtain game day content that would allow them to directly promote themselves on social media websites.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Tuesday, October 20, 2009
FTC May Back Down On Some Of The Proposed Social Media Rules
According to the Wall Street Journal, the FTC may back down from its initial indication that it would bring enforcement actions against bloggers and individuals who comment about products or services without full disclosure. The FTC has indicated that they plan to focus on advertisers and companies instead.
This turnaround demonstrates the power of social media and the "modern day petition." In a previous post, I mentioned that I was not pleased with all of the proposed changes. I admit that the rules needed to be updated since the last update was in 1980. However, some of the proposed rules are still too broad and ambiguous, and should be changed. I am hoping that people continue to let the FTC know how they feel about this issue before it becomes effective because an ambiguous new rule is worse than an old outdated rule that is generally easy to understand and implement.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
This turnaround demonstrates the power of social media and the "modern day petition." In a previous post, I mentioned that I was not pleased with all of the proposed changes. I admit that the rules needed to be updated since the last update was in 1980. However, some of the proposed rules are still too broad and ambiguous, and should be changed. I am hoping that people continue to let the FTC know how they feel about this issue before it becomes effective because an ambiguous new rule is worse than an old outdated rule that is generally easy to understand and implement.
Copyright 2009 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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