Periscope Summit Recap

My Badge from Periscope Community Summit - September 2015

My Badge from Periscope Community Summit – September 2015

I had the pleasure of being on a panel with Mitch Jackson to discuss the legalities of live-streaming video apps at the Periscope Community Summit last week in New York. We had a blast. Special thanks to the organizers of this event.

The Periscope user community is so friendly and accepting. I hope we’re invited back to the next Periscope Community Summit in San Francisco this winter. Here are some of the take-away lessons from our panel:

There is No “Undo” Button. Unlike other social media platforms where you can edit your work before you release it, Periscope videos are live. If you are someone who tends to embellish, be excessively emotional, or otherwise get carried away, perhaps you shouldn’t ‘scope without thinking your ideas through. Because once you put something out there, you can’t take it back and you may not be able to apologize your problems away.

It’s Probably Illegal to ‘Scope that Concert. Many artists don’t allow photos or videos during their shows. This also applies to Periscope and other live video apps. Ditto for professional sports. Read the back of your ticket carefully and be prepared to be kicked out if you do it.

Be Careful if you do Karaoke on your ‘Scope. It seems like a lot of people sing when they are on Periscope, whether they are singing to a backing track or along with a song. When you buy a CD or an mp3 of a song, you are usually making a purchase for individual use and enjoyment. If you play that song on Periscope, you’ve created a public performance, which usually requires a separate license. If you use Periscope to promote yourself as a musician and you’re doing covers, you should look into buying a license from the appropriate source like BMI or ASCAP.

Playing Clips with Commentary is Probably Ok. If you review books, music, movies, and/or video games on your ‘Scope and you want to play audio or video clips of whatever you’re reviewing, that’s likely permissible under the fair use provision of the Copyright Law. This is particularly true if you’re adding your original thoughts on the topic and you aren’t a substitute for the media you’re discussing.

A Word of Warning: Whoever owns the copyright in a work has the exclusive right to decide where and when the work will be copied, distributed, displayed, and performed. If they suspect that you are violating their rights on your ‘Scope, they will decide if and how they will lay the smack down on you for violating their rights. This could be anything from a cease and desist letter to a lawsuit in federal court.

As always, these are my two rules of thumb for staying out of trouble on the internet:

  1. Don’t post anything online that you wouldn’t put on the front page of the newspaper.
  2. Assume that everything you post or broadcast online will be seen by four people: your best friend, your worst enemy, your boss, and your mother. If you don’t want one of those people to see what you’re thinking about posting, don’t share it (regardless of your privacy settings).

If you want to know more about the legalities of streaming your life on the internet, please check out this post I wrote about the law and Periscope. If you want a resource that addresses the broader issues of how the law applies to all social media, please check out The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. If you want to chat with me about a specific question related to copyright or internet law, you can contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn.

Supreme Court Rules on Social Media & Free Speech – What It Means

Man Holding Laptop Computer Typing While Dog Watches by Image Catalog from Flickr (Public Domain)

Man Holding Laptop Computer Typing While Dog Watches by Image Catalog from Flickr (Public Domain)

Earlier this week, the U.S. Supreme Court released its ruling on the first social media free speech case.

Anthony Elonis was previously convicted for violating a federal law for posting threatening messages on his own Facebook page. The court that convicted him did so based on the negligence standard, which is whether a reasonable person would interpret his statements as threats.

The Supreme Court ruled that the lower court used the wrong standard in making its decision. A court can’t use the reasonable person standard to decide cases like this – it has to be higher standard than that.

So what happens now? The Supreme Court sent the Elonis case back down to the lower court. The lower court will have to decide whether it should apply the recklessness standard or whether it should examine Elonis’ intent behind the posts in question.

What does this mean for other cases, perhaps those involving domestic violence or cyber harassment? We’ll see. All we know now is that the court has to apply a higher standard than simply asking whether a reasonable person who interpret a statement as a threatening. We will have to wait and see what standard will ultimately apply.

Legal Side of Blogging Book CoverDo I think the Supreme Court made the right decision? Yes. Words are clumsy beasts, especially on social media where we deal with words without inflection and non-verbal cues to decipher what the speaker is saying. I don’t want to see people punished for being inarticulate when exercising their First Amendment right to free speech. We need to examine the statement in the context in which it was made when determining whether a statement violates a criminal law.

As always, think before you post. Don’t use this decision as a license to post whatever you want online. You can face serious repercussions criminally, civilly, and socially for what you post on the internet. If you want to read more about this situation, I highly recommend a post written by my fellow legal eagle, Mitch Jackson. If you’re looking for a resource about internet and social media law, please check out my book The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed.

If you want to chat more about free speech and the internet, please contact me directly or connect with me on social media via TwitterFacebookYouTube, or LinkedIn.

The Undeniable Tour Update – Everything’s Coming Together

This was the view from my hotel in San Francisco last weekend. I'm so glad it overlooked the water.

This was the view from my hotel in San Francisco last weekend. I’m so glad it overlooked the water.

It’s hard to believe that The Undeniable Tour is less than a month away. At this point I feel like all the pieces are starting to lock into place. I booked my flights and most of my lodging. I’m going to be staying in hostels and couchsurfing for most of my trip. I’m really excited to meet so many new people – law students, lawyers, other social media movers and shakers, and fellow travelers. I’m also looking forward to spending a lot of time near the ocean, which is something I only get to see and pictures since I live in the desert.

This tour will give me the chance to connect and share ideas with others in the legal industry about what it means to be a lawyer and how we can better use social media to create professional opportunities for ourselves. I feel like I got a good primer in both of these areas this week by being a guest on the Human Social podcast hosted by fellow lawyer Mitch Jackson and at networking event for lawyers who work in eat-what-you-kill environments. The internet has provided the opportunity for the legal industry to break out of the stuffy ambulance-chaser stereotype and show prospective clients that there’s more than one way to be an effective lawyer.

I feel lucky to be a lawyer who gets to travel and attend non-legal conferences as part of their job. I spent last weekend in San Francisco at the Dad 2.0 Summit – a conference for men who blog about fatherhood. (I was on hand to answer their legal questions related to their blogs.) Being out of the office for a few days and getting away from my everyday routine was refreshing. Meeting a new group of people and listening to some of the topics that were important to them (how men are depicted in the media, gender roles, and what it means to be a man and a father) got the wheels in my head turning in new and different ways. And these guys were the masters of fun. I’d never attended a conference before where I got to shoot Nerf guns and take a field trip to LucasFilm. It so important to periodically take a break from the norm to prevent falling into a rut. I got all that out of a 3-day trip. We’ll see what a difference of 14-day trip will make.

I’m very excited to announce that I’ve added another speaking gig to the tour yesterday (just after I filmed this week’s video update. I will be speaking to the Solo and Small Practice Section of Washington (State) Bar Association via webinar on March 27th from Los Angeles. I think this will be the first time that I do a webinar that is strictly audio which will be a new challenge for me not to use visuals and to not have immediate feedback from the audience.

Recently, I sent out the contracts to my sponsors and as soon as I have their commitments I will be announcing them on the site – hopefully next week!

Planning this tour has been an exciting, stressful, and to be honest an exhausting endeavor. I’m so glad I’m doing it because it’s teaching me so much about myself and giving me the opportunity to connect with so many people. If you have any questions about the tour or if you live along the west coast and you want to meet with me during this trip, please connect with me via Twitter, Facebook, or send me an email.