open innovation and social networking communities: ownership and licensing of intellectual property...
TRANSCRIPT
Open Innovation and Social Networking Communities: Ownership and Licensing of Intellectual Property
Prepared by Sean F. Kane Principal, Kane & Associates LLC
Copyright 2010 Kane & Associates LLC
What is a Social Networking Site?
A social network focuses on building and reflecting social networks or social relations among people, e.g., who share interests and/or activities.
Most social network services are web based and provide means for users to interact over the internet, such as e-mail and instant messaging.
Social networking sites allow users to share ideas, activities, events, and interests within their individual networks.
Social Network Sites
What is your Profile?
A social network service essentially consists of a representation of each user (often a profile), his/her social links, and a variety of additional services.
Legal Social Network Sites
Invitation OnlyOpen Membership
Comply with Terms of Use
Property Source of Rights
External legislation EULA rights
Administering Rights Dispute resolution Safeguarding
property Insurance (server
crashes) Transfer
mechanisms
Intellectual Property Determining Owners
Closed v. Open Defining Proper Uses
Contests Content creation
User Generated Content
External I.P. Deny use of external
trademarks? Policy for handling
use of external I.P.?
You Think You Are Collaborating with
Although In Reality…
What if Satan is on my Friends List?
Virtual friends can be added to a "friends list" that can often allow him or her connect with your other connections.
Need to be careful about your friend settings.
Law Firm Social Networking Pages
Take a common sense approach to posting.
Do you want a presence on social networking sites? Informal employee-created
pages or groups; Using social networks to
advertise; Firm policy;
Law Firm Social Networking Pages
Will you allow public interaction?
Generally protected from liability by Section 230 of the CDA, but . . .
Potential for bad publicity Selective filtering of participation Affirmative misstatements about
regulating participation COPPA Unauthorized practice of law or
creating of attorney-client relationship
ABA Commission on Ethics
Do the Model Rules and existing disciplinary enforcement mechanisms adequately address the issue of social networking sites by lawyers and law firms?
Thank You
Sean F. Kane, Esq.Kane & Associates, LLC
475 Park Avenue South, 19th FloorNew York, New York 10016
Tel: (212) 696-0010Fax: (212) 696-0070
Email: [email protected]