The Internet is a bit like the Wild West when it comes to protecting intellectual property and a new law makes it even a little more difficult to lay claim to your images without some proactive measures on your part.

The controversial Enterprise and Regulatory Reform Act, which just received royal assent in the U.K., permits the use of “orphan works” — copyrighted works for which the owner cannot be identified. In most cases, the owner is dead, although it’s also possible that he or she simply has no interest in laying claim to the work.

Permitted uses under the new law would include digitizing archival library collections of unpublished works for purposes of preservation, but the law also allows commercial, for-profit uses of these works, such as advertising.

Photography groups vehemently opposed the legislation on the grounds that they stand to lose ownership and control over any images they post online. Critics have compared the law to the sweeping changes that Instagram made (and later unmade) to the app’s terms of use in December 2012.

Artists and photographers everywhere need to take proactive measures to protect their creative works, placing watermarks on images prior to uploading them online, and populating metadata with ownership information.

The U.K. media is also recommending that photographers and artists register each individual work with the U.S. Copyright Office or the PLUS Registry in the U.K. to ensure that they are identifiable. This way, even if someone could strip identifying information out of an image and repost it online, an interested owner can always come forward to claim their work. Many have cited the cost and time required to register each individual work as prohibitive, but at the moment, there aren’t many options.

Individual authors / artists registering through the U.S. Copyright Office could try registering works as a compilation, provided they published them all within the same year. (37 CFR 202.3(b)(10)) The filing fee for registering groups of photos is currently $65. At minimum, this reduces the likelihood that a work will be considered “orphaned” in the first instance.

Obstacles abound for copyright holders, including the fact that the U.S. Copyright Office does not offer a reverse image search. In the U.K., the PLUS Registry only holds names, and the “upload and search on an image” function does not yet work. Still, anything is better than nothing, given that the law has passed.

Another important thing to note is that the U.S. Copyright Office saves images for only ten years, unless the copyright holder pays an additional $470 for “full-term retention of a published deposit,” so the value of registration after that point is questionable.

One thing photographers can do is monitor Google for uses of their copyrighted works. Google’s sophisticated search technology does permit reverse image searches, so users can upload their copyrighted image and see matching images identified by Google. This will help copyright owners to detect infringing uses, so they can assert their rights against the infringing par

As theoretically devastating as this development is for photographers, I really think that most works affected will be works no owner will ever claim; images that previously could not be used because of a potential copyright claim that would never materialize.

Companies don’t want legal headaches anymore than you do. They’re unlikely to intentionally use works that someone might sue over. Given the huge body of available images, there’s no reason to think they’d elect to steal a copyrighted work when they could find (or create) any number of suitable images for advertising purposes.

Bottom line: protect yourself to the extent you can. Wouldn’t you do that anyway?

Photo courtesy Flickr Creative Commons umjeandoan

By Kerry Gorgone, {grow} Contributing Columnist

One of the standout sessions at SXSW Interactive this year was a presentation by Jonah Peretti of BuzzFeed. In it, he chronicled his journey from early viral sensation to creating a respected media channel boasting 40 million unique visitors.

Having spent more than 10 years studying his successes and failures to find the formula for “going viral,” Peretti is uniquely qualified to help marketers create content that gets shared. Here are some key points from his presentation.

Takeaways from @peretti and #powershift. Probably the best #sxsw session I’ve seen. Bold statement. twitter.com/nathanjokers/s…

— Nathan Jokers (@nathanjokers) March 12, 2013

Engage the “Bored at Work Network”

Millions of people find themselves idle at work from time to time. The importance of appealing to this audience cannot be overstated. “Collectively,” observed Peretti, “they create a network bigger than the BBC or NBC or CBS. More people can receive a piece of media if the ‘Bored at Work’ network likes it.” Case in point: “13 Simple Steps to Get You Through a Rough Day.”

Also optimize your content for mobile, so you can leverage the power of the advancing “Bored in Line” network, as well. Almost 40 percent of BuzzFeed’s traffic comes to the site via mobile, leading Peretti to conclude that “If you don’t optimize your content for mobile, you have zero chance of going viral.”

Understand Your Platform

Facebook is different from Twitter, which is different from Instagram, which is different from Google+. Your content, tone, and timing of posts must be adjusted according to the preferences of each specific community. The task isn’t as daunting as it sounds (you can use HootSuite or another tool to schedule posts), but it does require some thought.

Twitter posts have a half-life of one hour; Facebook about a day; Pinterest about one week. Plan accordingly, and don’t be afraid to repost the same link: just be sure to change the introductory text so you’re not making identical posts. Change the context, and introduce the post using a different angle; emphasize an aspect of the content that will appeal to a particular subset of your audience.

Once you understand how the platforms work, spend half your time refining your message, and half your time thinking about how to promote it. Don’t spend all your time on the idea, then consider about how to promote it as an afterthought. They are equally important.

Social content is changing advertising

We’re shifting back to the “Mad Men” days, when ads told a story and were an integral part of the entertainment experience. Advertising should add to your site, not detract from it. BuzzFeed eschews banner ads in favor of content marketing.

Consider the user experience: integrate advertising that enhances rather than disrupts. Banners don’t give you enough room to tell a story. “Social can help us get back to a golden age of advertising, where brands tell a story.” Combine a compelling story with the massive distribution you get from the social networking platforms.

Treat social like the Paris cafe

People love to linger over coffee at a Parisian cafe. They read philosophy, stop by pat a cute dog, flirt with someone at the next table. It’s all part of the experience. Your social presence needs be this inviting. Encourage people to stick around and engage.

Social networks have become people’s starting point for their online experience. Publisher’s need to be at the source, creating all types of content — news , branded content, and entertainment – and sharing it via social.

Social is a way of thinking, not a “trick.”

You can’t fool people into thinking that your business is social just because you’re on Facebook (or Pinterest, for that matter). The “trick” is that you must actually be a social entity, equipped with a sense of community and engagement. Scheduling posts that go out into the void will not propel you to social success: failing to engage with your customers in the social space will ultimately hurt your business.

Think in a way that is compatible with social:

• Have a heart. EQ is as important as IQ, possibly even more important. As Peretti observed, “Google is about information: social networks are about emotion.”
• Content is about identity. Enable people to communicate something about themselves that uniquely identifies them. Content that a few people care deeply about is more likely to get shared because it defines them. Example: “32 Absolute Worst Parts About Being Tall.”
• Humor is inherently social. Laughing with people brings us closer, but you don’t have to use humor. Nostalgia works, too. The key is tapping into common experiences.

Incidentally, don’t post things people would be embarrassed to share. People may want to see naked celebrity photos, but they use search for that, not social. What people want to see and what they want to share are two different things, so make your content sharable if you want a chance at going “viral.”

If you have some time, I highly recommend listening to Peretti’s presentation. His talk is informative and entertaining: much like the content that marketers need to create!

Things are about to get personal.

Social media has made it easier than ever to connect: Facebook, Twitter, LinkedIn, Instagram and other services have greatly amplified everyone’s personal brand message. This is fun, and beneficial inasmuch as we can get a sense of someone’s professionalism, character, and personality before we ever meet them in person.

Recently, though, I’ve had some less than pleasant experiences with people who seem to be interested in professional networking, but ultimately just wanted to use me to sidle up to someone else I know. Here are some tips from me and some of my social media friends on how to connect with people (as opposed to using them):

Don’t be creepy. If we’ve had a professional phone call, don’t use my number later for personal reasons. Texting me at 10 p.m. to ask “what’s up” is going to make me uncomfortable. My significant other won’t appreciate it, either.

If I accept your friend request on Facebook, don’t message me telling me I forgot to post to your wall for your birthday, as though I should have remembered. My mother didn’t call me on my birthday. Get over it.

Don’t come on too strong. I appreciate when people are helpful, and offer to share my posts or promote my upcoming appearances. This kind of professional support should show that you value my work and share my passions. Unless we’ve met in person, however, please don’t ask for my home address and, say, mail me gifts. That’s a little too personal.

You don’t owe me anything, and sending unsolicited gifts to me or my kids makes me feel as though you want me in your debt for some reason. Maybe this is unfair, but the fact is, it creeps me out, and I’m probably not the only one. Social gifting via Facebook and other networks has started to change public perception. A small token of appreciation given via Facebook is probably fine, since it won’t require that you know my home address or other vital information, but don’t go overboard.

Let things unfold naturally. That’s the only way a genuine, lasting relationship can begin.

Don’t ask for favors immediately. Nothing says “I’m using you” like friending me, then immediately asking how you should go about getting my close friend, Mr. New Media Celeb, to endorse your forthcoming project. Immediately, I will realize that you only wanted to step over me. That’s not a pleasant feeling, and will actually undermine your ultimate goal of “getting in” with my close friend, who is sure to value my opinion about pitches from “mutual connections.”

Consider how well you know someone before asking for any favors at all. As travel blogger and social media consultant Ann Tran observes, “I’m not automatically your friend when you need your book promoted or reviewed. ”Controlling the influx of pitches is a challenge when you have nearly 400,000 followers on Twitter, as Ann does (@AnnTran_), but she remains open to connecting with people in a genuine way. “Social Media is all about collaborating and cultivating relationships, just like you would in any real-life situation.”

Don’t overstate our relationship. Please don’t send my high-profile friend a request to connect, indicating that you and I are good friends. We aren’t. Calvin Lee, designer, Twitter personality (@MayhemStudios), and Klout phenomenon, has more than 80,000 followers on Twitter, and has some experience with people overstepping boundaries. “They try to friend you online and IRL, talking you up like you’re the best friends in the world. They try getting on your good side by commenting, liking, sharing, or retweeting your posts and updates on all your social networks. “They’ll also friend everyone in your circle of friends on your social networks, adding as many as possible, then try to be their best friend. The next thing you know, this person will have snaked and faked their way into your network.”

I agree with Calvin that frantically friending my friends is a no-no. It’s fine to say that you know me, if that’s the case, and ideally to explain how. For instance, “I met Kerry at the NASA Social in D.C. last week and she had some great things to say about you. I’d love to connect, if you’ve a mind to.” This gives an accurate representation of our connection, and my friend can decide whether or not they want to accept your request based on what they know about you, rather than thinking I’m “vouching” for you without having been asked.

An emoticon is just an emoticon. ;) Don’t assume that someone you know on Twitter wants to take the relationship offline just because he or she engages with you or your posts. Actress Casey McKinnon recommends maintaining appropriate boundaries when connecting with the opposite sex on social networks. “The best way not to be creepy online is to treat every female on the internet like she’s your sister… unless you’re into incest, then you should just stay off the web altogether.” So before you send that friend request or ask for a “shout out,” think about how you’d feel if the tables were turned. If you’d be creeped out or annoyed, chances are I will be too.

Six seconds (or six and a half, for the purists among us) hardly seems long enough to convey anything of substance, and yet Vine — Twitter’s new video sharing service — is catching on fast. Maybe it’s not surprising. Six seconds of Super Bowl advertising time would cost $800,000, so clearly time is valuable!

For those who haven’t tried it yet, Vine enables users to capture six seconds of live video (uploading from the camera roll is not allowed): no editing, no adding titles or a soundtrack, just sharing.

At first, I didn’t see the point of the service, but Ann Handley convinced me it was worth trying, and as soon as I did, it captured my attention. I had been focused on seconds, rather than moments, and each moment offers endless possibilities.

Vine offers marketers a chance to engage their prospects in a fun new way, but there’s also the risk of legal liability anytime you upload content to a social network. Here are some tips on how to Vine responsibly.

1. Create your own content. Vine’s requirements make this rule relatively easy to obey, but some people “vine” clips of movies they’re watching or pieces of art they’re viewing at a museum. Showing other people’s copyrighted works (even for six seconds or less) could result in a lawsuit, although a takedown notice is more likely. Not worth it: you can come up with six seconds of video content.
2. Pay attention to sound as well as video. It’s easy to focus on the visual element, but listen while you record. Are you picking up snippets of highly personal conversations, or copyrighted music? The best course of action is to create Vine videos in a controlled environment, so you can avoid unintentionally capturing sensitive information or copyrighted audio works.
3. Vine strangers (especially children) with caution. For companies especially, this is important: model releases are required when using someone’s likeness for marketing, whether you’re using still images, full-length videos, or six-second Vines. Consumer users should try and frame their Vine videos so that only consenting adults are recognizable.Parents can show their own children, if they choose, but be sensitive to child protection laws: an innocent bath-time video could be construed as child pornography under federal law.
4. Avoid showing private information about others. This tip goes more to good manners than legal obligation, but it is possible to create a video that would constitute invasion of privacy under many states’ laws.Be considerate: don’t shoot through people’s windows (obviously), but also take care not to capture people’s identifying information, or conversations in which people discuss medical treatment or other sensitive matters.
5. Keep it positive. Don’t depict others in a misleading or negative light, or you might find yourself sued for defamation. Truth is a defense, and I fully support freedom of speech, but you only get to assert a defense once you’ve been sued. Being sued is costly and inconvenient: in most instances, the satisfaction of posting something nasty evaporates when the summons arrives.
6. Think before showing trademarks. Generally speaking, it’s fine to show a trademark in a non-commercial video so long as the viewer won’t be confused into thinking that the trademark owner endorses your content (or that you are the trademark owner).Companies and brands using Vine need to be more scrupulous about showing others’ trademarks. If a company were to take issue with how their brand or product was depicted, you could find yourself involved in some legal wrangling involving demand letters or worse.Sometimes, a brand or label is the entire point of your video, but the safest course of action is to keep things generic.
7. Don’t Drive and Vine!

Like Pinterest, Instagram and YouTube, Vine gives marketers access to a powerful visual medium that people love using, but any new medium poses some risk. Following these simple rules will help to keep you out of the legal jungle.

Are you on Vine?

A while back, I wrote a post on the Best Social Media Management Tools for Small Business Owners. I researched and reviewed a handful of the least expensive, most versatile options, but the comments included some lesser known alternatives that seemed worth investigating.

I’ve taken some time to check them out, using the same parameters I used to gauge the initial set of tools. To restate, any tool considered must enable you to:

• Schedule posts
• Connect numerous social media accounts
• Provide analytics
• Shorten URLs

Here are some additional options for small business owners in need of a cost-effective social media management tool.

Sendible

Price: Starts at $9.99 / month for eight accounts, offers plans up to $99.99 for 120 accounts

Platforms: Web application and mobile apps for iPhone and Android, mobile web version

In addition to offering low-cost plans, Sendible enables you to manage your Google+ pages, which is still a rare feature in social media management tools. (Note that this is limited to Google+ pages, as opposed to your individual profile or stream.)

The service also supports Facebook (profiles and pages), Twitter, LinkedIn, MySpace, Tumblr, Ning, Bebo and a number of other options. The full array of services you can connect to Sendible is impressive, so most business owners should be able to manage their social media efforts quite handily. Sendible does not offer a free plan, however, which is a drawback.

Viralheat

Price: Free for 7 social accounts, offers plans up to $499 / month for 50 accounts

Platforms: Web application (Chrome extension available)

Viralheat also connects a robust assortment of networks, including Facebook, LinkedIn, Twitter, and Google+, offers robust analytics including sentiment analysis for paid accounts (basic account analytics for free), has URL shortening via Bit.ly integration, and enables scheduled posts. My favorite feature: it enables geotargeted sharing to Facebook.

In short, Viralheat is a versatile social media management tool, well worth considering for small business owners.

Jugnoo

Price: Free up to three team members managing 20 accounts, $20/month for five team members and unlimited accounts, custom pricing available for larger teams

Platforms: Web application, mobile web version

What you get for free with Jugnoo is impressive. Link up to 20 social accounts, managed by up to three team members. You also get access to web analytics, Google analytics and social analytics. This makes Jugnoo highly appealing, and if you need to connect additional accounts or give access to more team members to manage your content, leveling up costs just $20 per month. They do have a custom pricing model, as well.

Fresh out of beta, this lesser known option added some new features recently, including link previews and rich media embeds.

Scheduled posts are enabled through BufferApp, which is itself a good option for business owners to manage their social networks.

Among free and low-cost options, Hootsuite is still the reigning champion, in part because its widespread use means there are many plugins and informational resources available. There are some viable contenders for small business owners to consider, however.

I investigated some of the platforms mentioned by commenters on my previous post. Although helpful, they do not fully meet the criteria outlined above:

Agora Pulse – Offers granular management of your Facebook pages, from scheduling posts to managing contests, but it’s limited to Facebook only.

Engagio – Engagio is a discovery tool, as opposed to a social media management tool. This service enables monitoring and engaging with Facebook, Twitter, Google+, LinkedIn and more through an inbox message format. Although this is helpful, this service lacks analytics and the ability to schedule posts, both of which are critical to small business owners.

Bottlenose – Still in beta, Bottlenose is a helpful tool for monitoring Facebook and Twitter feeds, LinkedIn, and more. The service offers some ability to engage by posting to linked accounts. Although Bottlenose is potentially useful for individuals, small business owners need need a tool that provides more holistic management capability (scheduling posts). The company is planning a pro version, which might have additional functionality.

Bundlepost – This service takes your existing RSS feed and makes it easy for you to select stories that would be of interest to your online audience. Then, you export prepared posts to a spreadsheet that gets uploaded to HootSuite. With minimal effort beyond scanning your news feeds, you’ve scheduled informative, helpful posts to go out over the course of the day, keeping you top of mind for your audience. In short, it’s a great tool, but works in concert with HootSuite, as opposed to providing an alternative to it.

The good news for small business owners is that options abound for you to customize your own no- or low-cost social media management solution.

What do you use? What would you recommend?

Can an innocent re-tweet get you into legal trouble? Absolutely, as thousands of Twitter users recently discovered.

Defamation laws in the U.K. are stricter than in the United States (although reform is currently underway) and Lord Alistair McAlpine intends to wield those laws against 10,000+ people who spread a false BBC story alleging that an unidentified Tory was a child molester. Twitter users quickly began speculating that McAlpine was the subject of the piece, and he’s begun threatening those who shared the story with a libel lawsuit.

One click to retweet the story could cost a defendant tens of thousands of dollars, depending on the size of his or her audience. Apparently, counsel for McAlpine is using a tiered system, requiring small settlements and apologies from Twitter users with small follower bases, but increasing the demand from those with large followings.

How did this happen? It’s not as though those Twitter users who re-shared the story wrote it.

Twitter and defamation

Defamation works this way: you publish statements that tend to damage someone else’s reputation. “Publish” might mean you write and post the story, but it could also mean that you repeat it. Gossiping at the bar would be slander (spoken defamation). Retweeting could constitute written defamation, or libel.

In the United States, it’s less likely that Twitter users would be found liable for sharing the story at issue here, because public figures (like Lord McAlpine, a politician) have a higher burden of proof in defamation cases under U.S. law.

Specifically, a public figure seeking to recover damages for defamation must prove “actual malice,” meaning that the defendant knew the story was untrue, or published it “in reckless disregard” as to whether it was true. In other words, you had reason to think it wasn’t true, but published it anyway.

Most people under this standard could be off the hook in the McAlpine scenario, as a reputable news source like the BBC would seem to be trustworthy, e.g. they would not be sharing the story “in reckless disregard” as to its truth, because they would likely assume it had been vetted by the major media company before publishing.

Will the law chill free speech?

In the case of private citizens, recovery for defamation becomes easier, although bringing suit opens a proverbial can of worms: the plaintiff would subject himself to discovery (the process where the defense can search for evidence to prove the truth of the allegedly defamatory statements). Anyone would balk at the level of exposure inherent in the litigation process.

In the U.K., however, the burden is on the defendant (the retweeter) to prove the truth of the statement. This is costly, not to mention a virtual impossibility in most cases, as retweeters generally have no actual relationship with the subject of their statements.

Libel lawsuits both abroad and in the U.S. have chilled online speech among those who’d prefer to avoid court costs (everyone!).

Here’s a tip to provide an ounce of prevention: Type “allegedly” in front of the potentially defamatory statement. It takes two seconds, and it could spare you legal headaches, not to mention save you thousands of dollars. Allegedly.

Entrepreneurs are universally short on time and money. Everyone knows that social media needs to play a role in their marketing efforts, but managing all of the different social networks can seem daunting.

There are numerous tools that make populating your Twitter feed, Facebook page, and other social media outlets relatively painless, and some are completely free. Of course, if you want more versatility (additional profiles, analytics, etc.), some services require premium subscriptions.

You need a simple solution that meets the following criteria:

1. Sends scheduled posts, so you can set updates to go out during the day (and night), while you run your business.
2. Connects all (or most of) your social media accounts, so you don’t have to visit multiple sites or launch multiple apps to update your feeds.
3. Provides analytics for posts, so you can determine what kind of posts draw the best engagement from your audience, and when you should post to achieve the best reach.
4. Shortens URLs, so you don’t have to visit bitly, tinyurl or some other site to shorten them yourself.

The pros and cons of the main contenders are covered here, along with when you’ll have to start paying (and how much).

Hootsuite / Seesmic

Price: Free up to five social profiles; $9.99/month for unlimited social profiles, plus additional features
Platforms: Web application; Mobile apps for iPhone, Android, BlackBerry

Use Hootsuite to manage your Twitter, Facebook, and LinkedIn accounts. Through third-party apps, businesspeople can connect most of their social media accounts, from Tumblr and Reddit to StumbleUpon and Instagram. Pinterest is not yet integrated, but once the “taste graph” offers an API, that should change.

One of the best features of Hootsuite is that you can integrate your Google+ business page. Only a few social media management apps offer any type of Google+ integration, so this is a huge bonus.

Hootsuite acquired Seesmic in September, so eventually these two apps may be integrated into one supercharged option. For now, Seesmic users have been folded into the Hootsuite community.

In short, Hootsuite is the hands-down winner for most networks integrated and most options for busy business owners.

If Google+ isn’t a priority for you, and your efforts are focused primarily on Facebook and Twitter, you might consider other options.

Tweetdeck

Price: Free
Platforms: Web application (Safari, Chrome, Firefox are supported; IE will be soon); Desktop app for Mac or Windows

One of the earliest Twitter clients on the scene, Tweetdeck established a foothold among early adopters and won praise for its versatility.

With Tweetdeck, you can manage multiple Twitter and Facebook accounts at once, monitor your feeds, and display search results continuously so you can respond quickly when anyone mentions your company, brand or product.

Global filters enable you to block content you’re not interested in, to help keep your feed streamlined.

Tweetdeck also makes it easy to post (or schedule) tweets containing text, photos or links, and monitor Twitter interactions and direct messages. Be careful to select the appropriate account before hitting send, or bad things can happen.

After Twitter acquired Tweetdeck, developers improved usability and added features, including the ability adjust font size and column width, and even change the traditional dark background of the app to light.

Drawbacks: Tweetdeck doesn’t integrate Facebook pages, Google+, LinkedIn, or any of your other social media outlets, which means you’ll need more than one management tool.

Buffer

Price: Free
Platforms: Web application (Chrome, Firefox, and Safari); iPhone app

Buffer enables you to schedules posts and provides analytics on posts so you know which topics and times best engage your audience. The app connects to Twitter and Facebook, as well as LinkedIn, which makes this app another good option for B2B companies.

There’s also an impressive array of free apps, extension and extras that work with Buffer to help you maximize your reach.

Socialite

Price: Free (with ads); $19.95 (ad-free), but currently offered at introductory price of $9.95
Platforms: Mac OS X Version 10.5 or later

Enables users to populate multiple Twitter and Facebook feeds and Facebook pages, as well as Flickr stream, Google Reader, Digg and RSS subscriptions. There’s even Instapaper integration.

Drawbacks:

• Exclusive to Mac users.
• No analytics, although there are a number of free social media analytics tools that could bridge the gap.
• No scheduled posts, but developers say the next update will include this feature, as well as Google+ and Instagram integration, if the API is available.

If your social media efforts are focused on Twitter and you have a small, trusted team, Twitter for Business might be your simplest option. You can allow multiple contributors to populate a single Twitter profile (not that this is always the best approach).

Twitter does offer analytics for advertisers, but hasn’t committed to a timeline for a wider rollout. There are a number of free tools that provide similar information.

There are plenty of other great tools that can help you to get the most out of your social media efforts, as well.

Did I miss any of your favorites?

Nothing spoils a great marketing campaign like a cease and desist letter. As an attorney, I’m fascinated by how fast and loose most people play on the web, just inviting such a letter!

Whether you ultimately win or lose, playing the litigation game can cost more money than most businesses can afford. Of course, there’s always the chance someone will sue you, warranted or not, but here are some tips for minimizing risk with web-based content.

1. The difference between LINKING and SCRAPING

The absolute safest course of action is to create your own original content, from the copy on your website to the videos you post to YouTube and the images you upload to Pinterest.

Contrary to popular belief, providing attribution for content you’ve copied and pasted (aka “scraping”) does not protect you from liability. If anything, it increases the risk you’ll get sued by alerting the content owner to the infringement. Of course, scraping someone else’s blog content is a no-no.

Linking, on the other hand, is generally legal. People post content online hoping it will be seen and shared. They can hardly complain after the fact when you share a link to that content, provided you don’t reproduce it wholesale on your own site or social media feed.

The problem with Pinterest and similar sites is that you copy the image itself and upload it, which technically violates copyright. While a smart content owner shouldn’t sue over this use, in my opinion, that doesn’t mean they won’t. Read the terms of use for each social network carefully before jumping in, and if you choose to share content, be sure to link, as opposed to copying and pasting, or even embedding.

The same goes for images. Be sure to “watermark” your images. Make sure your pictures include your URL or company name, so you protect your own intellectual property rights.

2. Go the extra step and get permission.

Without permission, using someone else’s content is infringement. With permission, it’s free publicity for them, great content for you. Agreement is win/win, as opposed to litigation, which is generally lose/lose. Just the act of seeking permission can also create new connections. It can be a networking tool. Most people are honored to be asked. So take that step.

3. Use content that’s licensed under Creative Commons.

If you’ve encountered writer’s block and can’t get permission for any suitable content that someone else has created, consider using content released pursuant to a Creative Commons license. These licenses allow use of the subject work, provided certain conditions are met.

Creative Commons licenses range from very permissive, requiring only attribution (credit), to more restrictive, such as licenses forbidding any change to the work. As a marketer, always avoid material released under a Creative Commons license that forbids commercial use.

4. Choose an original name.

You can save yourself headaches right out of the gate by choosing a unique name for your company, blog, brand or product. This is why we see so many crazy names on the web like ZipperFish and Stagnant Ape (kidding). Search existing trademarks. Avoid anything in the same industry that comes too close, or anything that looks similar. Bear in mind that each state has a trademark registration system, too, so be sure and search the state registry for the state your business is based out of, as well as the federal system.

5. Don’t play games with games.

Having online games or competitions can be tricky because you can’t violate the law when conducting an online contest, giveaway or sweepstakes. First and foremost, avoid “lotteries,” which involve people paying for a chance to win. These are illegal in most countries except for state lotteries and authorized raffles. When running a sweepstakes, be scrupulous about posting the rules, and keep them consistent throughout the promotion period. Changing the game halfway through will likely get you into trouble with each state’s Attorney General, not to mention the Federal Trade Commission.

State clearly who is eligible to participate, what they need to do, how winners will be selected, etc. Always include “void where prohibited,” to ensure you are in compliance with any state regulations banning your promotion.

If you’re running a contest based on skill, either make your contest “no purchase necessary,” or exclude entries from states where a purchase requirement is illegal. Again, explain in detail how people can enter and how winners will be chosen.

Whatever type of promotion you run, get permission from entrants up front to use their image and likeness should they win.

6. Be honest (It’s the law!)

Be accurate in any statements you publish via social media. Lying about competitors or their products can get you sued for defamation or interference with contractual relations. Lying about your own product can get you fined for violating truth in advertising laws.When engaging your prospects via social media, your content should not consist of sales pitches anyway, but since you’re likely to sell at some point, remember: honesty is the only policy.

This holds doubly true for any disclosures that the FTC may require (PDF). What’s clearly sponsored content to you might look like your own, unbiased opinion to the average web user, so when in doubt, disclose. There’s virtually no downside. There are even free online tools that can help you to create your own custom disclosure statement.

The FTC assesses any complaints on a case-by-case basis, so figuring out what’s going to pass muster can be a challenge for bloggers. Your best bet is to disclose in the post itself if you’ve received anything of value in exchange for blogging about a product, service or company. The FTC has indicated that a “disclosure” button or other blanket solution may not go far enough to ensure that your readers are fully informed.

7. Use tools like Hootsuite with caution.

I’m a huge fan of social media management tools like Hootsuite, Seesmic, and TweetDeck that enable you to populate numerous social network feeds from a single application. The risk in using these, of course, is the ease with which you can send a personal post from a company account. Notable incidents include KitchenAid’s unfortunate foray into politics via accidental tweet, as well as the tweet that went out from Chrysler’s official feed disparaging Detroit drivers.An ounce of prevention is worth a pound of cure: disable all personal accounts from the services you use to populate your company feeds.

In this day and age, people can sue anyone (and frequently do), but implementing these suggestions can help to minimize the risk that you’d be found liable, which makes a lawsuit less attractive to your opponent.

What concerns do you have about the law and your social media presence?

Illustration courtesy BigStock.com

I have about a dozen photo apps on my iPhone. It’s possible I have a problem, but they all serve different purposes! Here are my favorites, from frequently used to occasionally launched.

The Must-Haves

Instagram – Free

Like the “Insta” implies, this app makes sharing fast, and the newest version even lets you choose the filter before you take the pic. Whatever my mood, there’s a filter to match, but that’s not why I love Instagram.

I love the little windows Instagram opens into people’s everyday lives. People showcase their passions, hopes and dreams, from the simple to the monumental. They illustrate their sense of irony or whimsy, and reveal their personalities. I think of it as “Instagram intimacy,” or “Instamacy” for short.

Another great thing about Instagram is how easy it is to share from the app. You can upload Instagram images to Flickr, Tumblr, Foursquare, Twitter and Facebook simultaneously, email your photos to your social circle, and even tweet someone else’s photo that strikes your fancy.

The less than perfect aspects include some counterintuitive UI elements (swiping to the right to delete or reply to a comment isn’t obvious to most users, and placing “reply” right next to “delete” could result in some unintentional slights.

Photoshop Express - Free (with upgrades from $1.99 to $4.99)

The granddaddy of photo doctoring apps, this mobile version enables you to assuage your mom’s fear that she looks bad without make-up, or in the sunlight, or wearing that dress, etc. Knowing I’ll punch up the color or smooth out the speckles makes my subjects more comfortable, and that always makes for a better photo.

From Photoshop, you can upload your creations to Photoshop.com, Facebook, Twitter, Flickr or Tumblr, email images, or save to camera roll.

Snapseed – $4.99

When you need to break out the big guns, go for Snapseed. At $4.99, it’s expensive by app standards, but prolific photographers will appreciate the granular level of control it gives you over the final image. Add filters, adjust every aspect from contrast to structure, or add “Drama.” (Yeah, that’s a filter.) You can even add a digital frame, for that gallery-ready look. For the newer digital artist, there’s an automatic fix that enables you easily to adjust contrast and color.

Share capability is also supersized, or you can open the edited image in Camera+ or ColorSplash for more fine-tuning and fun.

My Fun-to-Haves

Diptic - $0.99 (with optional “expandable” layouts available)

Example of Diptic

Simply put, the best $0.99 cents I’ve ever spent!

I love Diptic for before and after photos, progression photos (like my son coming down the slide) or for showing the front and back of a sexy muscle car! However you use it, Diptic is great for letting you combine different images into a single, eye-catching collage using one of 52 customizable layouts. The app has 14 filters you can apply, or share to Instagram and use one of those. You can also upload to Flickr, Facebook, Twitter, Tumblr, Posterous, Camera+ or ColorSplash.

Incredibooth – $0.99 (with optional add-ons)

The fun of a photo booth in the palm of your hand! Better, really, because you don’t have to keep dropping coins in. You can choose filters prior to posing, and can share the entire strip or any single photo to Facebook or Twitter, email it, or save to your camera roll for additional doctoring.

Hipstamatic – $0.99 (with optional add-ons)
I like to play with this when I get sick of the same old Instagram filters. Somehow not as fun as Instagram, but it’s great for moody photos. The biggest downside is that you can’t add effects to existing images from your camera roll: you have to take a new picture. Huge bummer, which makes it less appealing to me and, I’m sure, many others.

Just Because I Want Them

Marblecam – FREE

Marblecam Example

This free app does one thing: distorts part of your image so it looks like there’s a marble in it. The right subject and the right light make this one thing awesome, but you can’t choose what gets “marbleized” or make adjustments. Still fun to use once in a while and, given the price, I’m not complaining.

Email your marbleized image, or share via Facebook, Twitter, or Instagram. You can even open the pic in ColorSplash or Camera+, and punch up the contrast or tweak the color.

Color Splash

ColorSplash – $0.99
Like Marblecam, this app’s really good at one thing. Ever see a black and white picture of people milling around a rainy street, and the only thing in color is a red umbrella? This app can do that.

I use it to showcase the artwork on my Johnny Cupcakes shirts. ColorSplash lets you save the session, which is useful, because it can take a while to brush the color out or in. Share, save, print, or send to a slew of other compatible photo apps.

Flipagram - $0.99

Flipagram lets you turn your Instagram photos into a movie. You provide the title text, choose the images, and even select background music (just make sure you have the rights to use it). My masterpieces to date include Carporn: the Movie and a Flipagram for my son’s birthday. Very fun app, especially for special occasion slideshows. Share directly to your social networks or save to your camera roll.

My Hidden Gem

Panorama 360 – $0.99

This one takes some getting used to, but when you view a finished panorama, it will take your breath away. Panorama 360 offers a whole new way to stand in someone’s shoes, and see the world around them (and above them), just as they do. Here’s what it looks like: Panorama 360 example. Be gentle: capturing a great image with this app takes patience, but it’s worth the effort! Share to the usual social networks.

What did I miss? Which apps are your favorites?