Wealden Times | WT177 | November 2016 | Christmas Gifts supplement inside

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What are the risks when
using social media?
According to recent reports
there are more than 2.6
billion active users of social
media worldwide, and as we allow
social media to play a greater role in
our lives, do we need to reconsider
our audience? What are the risks
of sharing content online and how
can those risks be managed? Here,
Cripps intellectual property lawyer,
Will Charlesworth, highlights the
risks associated with social media
and how to navigate these.
Privacy
Whilst many people cite privacy as
being very important to them, it is
easy to forget or overlook privacy
settings on social media accounts.
Although you might not mind your
co-workers seeing your latest
holiday selfie, you should be aware
that they may also be able to see any
negative comments you post about
work, for example, a late night rant
after a bad day in the office.
With an increasing number of
businesses having a social media
presence, and encouraging
employees to ‘like’ and actively
connect with them, the risk is a lot
higher that your private and work life
will overlap.
So, on privacy the advice is clear: be
smart. Before you share, think about
what you’re sharing and who you’re
sharing it with.
Content
Despite rumours to the contrary,
when you upload content to social
media, you don’t lose ownership
of that content. Each social media
site has its own specific terms and
conditions and the majority will ask
you to grant them the right to use
your content. That right expires
when you delete the content. In
return for the free use of the site, you
surrender some control but not your
ownership, for example, of copyright
in that content.
If you created the content, as a
general rule you will own copyright
in it, which gives you the right to
prevent others from copying and
exploiting your work.
Whilst you expect content you
upload to social media to be shared,
you still have the right to prevent
others from misusing it.
Social media sites take the
infringement of intellectual property
rights, such as copyright, seriously
and will remove content where
there is a valid complaint. There
are reporting systems on each site
which are fairly easy to navigate,
allowing you to report not only
content misuse, but also offensive
and abusive content.
Practical Tips
Here are a few key things to
remember when posting online:
• Before posting something online,
ensure you either own the rights to
that content or you have the consent
of the owner, otherwise you could
risk infringing copyright. If you’re
unsure, it’s advisable to seek legal
advice before posting to social
media or using content you find
online.
• In the commercial context, a
business may be held liable for
the content posted on social media
on its behalf by its employees:
for copyright infringement or
defamation, for example. Taking
active steps to manage that risk can
help, such as having in place an up to
date social media policy, setting out
clear guidelines on what content is
posted and by whom in the business.
• If you are concerned about the
risk of third parties misusing your
uploaded content you can use the
© symbol. It isn’t strictly necessary
in order to be able to enforce
copyright, but it does put users on
notice. Also, using a watermark on
an image for example can make
it less attractive to copy and also
easier to evidence copying.
• While it can be straightforward to
report misuse of content on social
media, if you have a concern that
you have suffered or will likely suffer
damage as a result of a posting
online, (whether it infringes your
copyright or is defamatory about
you) it’s recommended that you seek
legal advice without delay. Before
reporting content in this situation, it’s
also useful to collect evidence of the
posting in the form of screenshots.
Will Charlesworth
T - 01892 506 004
E - will.charlesworth@cripps.co.uk
Cripps is a key regional law firm serving
clients nationally and internationally from
offices in Kent and London. Recognised
countrywide for both its commercial and
private client work, Cripps is ranked in the
Top 25 Private Client Law Firms. The firm
focuses on wealthier families, entrepreneurial
businesses and the real estate sector.
www.cripps.co.uk @crippslaw This article gives examples and is intended for general guidance only