This is an update to my presentation on legal issues arising out of new media. I will present this version at a series of breakfast talks hosted by Quirk.biz
12. versus
“Freedom of the press does not mean that the press is free to ruin a reputation or break a confidence, or to pollute the
cause of justice or to do anything that is unlawful. However freedom of the press does mean that there should be no
censorship. No unreasonable restraint should be placed on the press as to what they should publish.”
13. “Because they have never been exposed to the sinful ways of the West, the various tribes of South Africa live healthy and
peaceful lives, only occasionally indulging in a bit of ethnic cleansing.”
17. What is copyright?
✦ Exclusive rights
✦ Works embodying intellectual content
✦ Authorise others
✦ Perform certain acts (for example, to exploit
works for personal gain or profit)
18. There are
exemptions
from copyright
infringement
19. ✦ Fair dealing
✦ Use for judicial proceedings
✦ Quotations
✦ Illustrations for teaching
✦ Ephemeral copies
✦ Works delivered in public
✦ Reproductions in press or broadcast
✦ Official texts, political speeches, news of the day
20. Is sharing caring?
✦ Copyright vests by default
✦ Copyright Act 98 of 1978
✦ Severely limits how content can be used without
permission
✦ Not conducive to Web 2.0 free luvin’
24. Creative Commons licenses are free licenses
that permit a range of uses of content licensed
under them
Creative Commons licenses work within the
framework established by Copyright
http://creativecommons.org/about/licenses/
meet-the-licenses
28. 36 Ghosts IV by Nine Inch Nails released under a Creative Commons Attribution Non-Commercial ShareAlike 3.0 US
license
29.
30. ✦ Free download (9 tracks)
✦ $5 download (all 4 albums, high quality)*
✦ $10 2 CD set (including download)
✦ $75 deluxe edition 2 CD, 1 DVD, 1 Blu-
ray disc (don’t forget the downloads)
✦ $300 Ultra-deluxe edition superpack
* I bought one one these ... and I am barely a fan
33. $1 619 420 in the first
week of sales*
*According to Rolling Stone: http://www.rollingstone.com/rockdaily/index.php/2008/03/13/nine-inch-nails-ghosts-i-iv-makes-trent-reznor-an-instant-millionaire/
34. Oh, and NIN isn’t signed to a major record label
38. Customer relationships
✦ Employees are the face of a company
✦ Who really forms relationships with customers?
✦ Are employers protected if employees leave?
✦ Who has the power?
39. The stick
Restraint of trade
provisions*
Monitor data transfers and
employee communications
Disciplinary procedures
Dismissals
*Most definitely enforceable
40. The carrot
Participate in relationship
building exercises with
customers
Look after employees
Take an interest in who is
saying what to whom
51. Draw lines in the sand
✦ What information is most
sensitive?
✦ Decide to never let that
information out into the
wild.
✦ Everything else is
compromised and public.
56. “personal information”1 means information about an identifiable, natural person, and in so far as it is applicable, an
identifiable, juristic person, including, but not limited to-
a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual
orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the
person;
b) information relating to the education or the medical, criminal or employment history of the person or
information relating to financial transactions in which the person has been involved;
c) any identifying number, symbol or other particular assigned to the person;
d) the address, fingerprints or blood type of the person;
e) the personal opinions, views or preferences of the person, except where they are about another individual or about a
proposal for a grant, an award or a prize to be made to another individual;
f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further
correspondence that would reveal the contents of the original correspondence;
g) the views or opinions of another individual about the person;
h) the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the person, but
excluding the name of the other individual where it appears with the views or opinions of the other individual; and
i) the name of the person where it appears with other personal information relating to the person or where the disclosure of the
name itself would reveal information about the person;
j) but excludes information about a natural person who has been dead, or a juristic person that has ceased to exist, for
more than 20 years;
Draft Protection of Personal Information Bill
61. Privacy in social media
✦ Can be tricky
✦ Read the terms of use
✦ Be sensible about sensitive information
✦ There can be outages and exploits
62.
63. Run for the hills?
✦ No, it is not all bad
✦ Social media has much to offer businesses
✦ The main thing is to be aware of the risks ...
✦ ... and provide for them
64.
65. My contact details
✦ Paul Jacobson
✦ 083 444 8260
✦ paulj@jacobson.co.za
✦ pauljacobson.org
66. Where you can find me
paul.myplaxo.com
linkedin.com/in/paulj
twitter.com/pauljacobson
pownce.com/pauljacobson
pejrm1
67. Selected image credits*
✦ Slide 3: Image by Cambodia4Kidsorg (http://www.flickr.com/photos/cambodia4kidsorg/354932362/) licensed under Creative
Commons Attribution 2.0 license;
✦ Slide 5: Listen to ME! by Orange Beard (Creative Commons BY 2.0) at http://www.flickr.com/photos/metrojp/92038203/;
✦ Slide 6: the conversation by polandeze (Creative Commons BY 2.0) at http://flickr.com/photos/polandeze/1206596658/;
✦ Slide 7: Sharing birthday cake by efleming (Creative Commons BY 2.0) at http://www.flickr.com/photos/efleming/237379252/;
✦ Slide 8: Untitled by ms.Tea (http://flickr.com/photos/teagrrl/79351300/in/set-1689764/) licensed under a Creative Commons
Attribution 2.0 license;
✦ Slide 11: Constitutional Court by Paul Jacobson licensed under Creative Commons Attribution ShareAlike 2.0 license;
✦ Slide 13: Free speech zone by mus (http://flickr.com/photos/mus/3457967/) licensed under Creative Commons Attribution ShareAlike
2.0 license;
✦ Slide 15: Doors of the Constitutional Court by Paul Jacobson licensed under a Creative Commons Attribution ShareAlike 2.0 license;
✦ Slide 18: Balancing Act by zeebleoop (http://flickr.com/photos/zeebleoop/325400310/) licensed under a Creative Commons
Attribution No Derivatives 2.0 license;
✦ Slide 19: Free Content for a Free Society! 7/12 by Matthias Mehldau (Creative Commons BY 2.0) at http://flickr.com/photos/
wetterfrosch/130493617/;
✦ Slide 24: More sheet music by pfly (http://flickr.com/photos/pfly/128167751/) licensed under Creative Commons Attribution
ShareAlike 2.0 license;
✦ Slide 26: Vinyl by stevecadman (http://flickr.com/photos/stevecadman/172600054/) licensed under Creative Commons Attribution
ShareAlike 2.0 license;
✦ Slide 28: copyright by tuppus (http://flickr.com/photos/tupwanders/79458852/) licensed under Creative Commons Attribution 2.0
license ...
✦ Slide 60: my fingerprint (index, left hand) (http://flickr.com/photos/fazen/3778408/) licensed under a Creative Commons Attribution
2.0 license;
✦ Slide 61: interview (http://flickr.com/photos/timsnell/1387723389/) licensed under a Creative Commons Attribution No-Derivatives
2.0 license.
*All images used are available under license from iStockphoto.com, have been licensed under Creative Commons license or are in the public domain. Where the images