A New Media Lawyer’s manifesto

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From time to time I may present a view about some legal issue or scenario. Those views are my personal views and are not intended to be legal opinion on any specific issue. If you need legal advice on an issue feel free to contact me directly or consult your preferred legal adviser. Whatever you do, do not rely on any legal views expressed here unless I expressly say that it is safe to do so (which I probably won't anyway). As for any other opinion I give or view I present, you take your chances there too.

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A New Media Lawyer’s manifesto

August 12th, 2008

People ask me what a new media lawyer is/does. Here is an answer (inspired by the wonderful Max Kaizen):

One of the more meaningful developments on the Internet in recent years is the renewed emphasis on personal relationships in business in particular through an array of social media tools and services. While the concept of a more personal marketplace that the social web promotes is not new, these tools and services are and they potentially raise a number of legal issues and risks which companies ought to bear in mind and cater for.

The social web is largely about expression and sharing. From a legal perspective the issues that may arise as a result of this expression and sharing may include general freedom of expression (including defamation concerns), content licensing, privacy and unlawful competition. In some cases the consequences of not catering the for risks which may arise can be severe and could include costly copyright infringement; compromised business relationships by errant employees and privacy infringement.

As with any endeavour that has legal ramifications, it is vital to first be aware of the risks and then to take reasonable steps to guard against or cater for those risks. When it comes to risks arising out of social media focussed projects it is also important to be guided by a lawyer who understands the social web ethos, its tools and platforms because that knowledge informs the best options available in any given set of circumstances. Ultimately it isn’t about fancy lingo or legalese, it is about taking sensible steps to manage the risks that accompany innovative projects. The alternative, ignorance, carries a terrible cost and far more severe consequences.

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