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M&M’s Blog goes behind the headlines to offer a running commentary on the business dynamics within the international media and marketing industry. The M&M editorial team joins forces with industry experts and local market heroes to balance a bird’s eye view of global trends with the importance of local insight.

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  • User-generated content: Prison Rules

    18 October 2011

    Ever entered a competition which included some form of content submission? Wondering what your rights are in that transaction? Read on...

    Just been sent what looks, on the surface, like an engaging brand promotion with a whizzy prize - $15k all expenses trip to a cool event on the West Coast. I took the time (because I'm a pedant like that) to cast a lazy glance over the Ts&Cs. Here's what I found. 

    "Entrants irrevocably undertake to grant The Promoter and its affiliates, licensees, promotional partners, developers, and third party marketing entities a royalty-free exclusive license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, adapt, publish, exploit, and use Entries themselves and the content of and elements embodied in the Entries, in perpetuity in any and all media, including but not limited to  digital and electronic media,  (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation."

    Ouch. It's pretty brutal, in no uncertain terms that once you submit you are participating in (whether you choose to acknowledge it or not) a rather asymmetric contractual relationship with a brand. What perhaps makes it worse is that your contract with that brand is being administered, as in so many of these types of promotion, by a third party. 

    These things of course are not uncommon, but this small paragraph is only a small fraction of what runs to 14 pages of small print terms and conditions, just for this one promotion. My degree in law gets me only so far and I'm guessing to those of you not blessed by an expensive law school education much of this might as well be in japanese. 

    There are too many of these one sided brand promotions out there, where it is very hard to see where the upside is for those people who have given up their time (that generous commodity that brands consistently abuse) to engage with a brand. I'm guessing you'd have to either be incredibly committed to the brand or the prize to take part. Or perhaps incredibly bored with zero sense of protecting your own ideas and personal data to be willing to give the time to make it worthwhile (I reckon this promotion needs at least a few hours to do the content justice and have a slight chance of winning). 

    In an age where brands are competing for attention online, it would be sensible for these promotions to contain more grace and less gas. 

    Failing that, I want to see some Ts&Cs that start "In this here Promotion, your name is Peaches..." 

    Comments (0) | Permalink

    Posted by: Tom Denford

    Tags: Social Media, Content, Privacy, branded content

  • Is It OK To Bash Your Boss On Facebook?

    25 March 2011

    Last November, the National Labor Relations Board in the US filed a complaint against a company for firing an employee for criticising her boss on Facebook. This is the first reported case in which the Labor Board intervened in a case involving social networking.

    While at first this attack on Facebook made me smirk—finally a crackdown on Big Brother (!), I soon came to realise, how special is this case anyway? After all, since the beginning of corporate time, employees have been complaining about their bosses, whether around the water cooler or over an after-work beer. Sadly, there is nothing new about hating your boss and whining about it. So who’s to say you can’t vent your frustration on Facebook?

    According to Lafe Solomon, the Labor board’s acting general counsel: “It was employees talking jointly about working conditions, in this case about their supervisor, and they have the right do to that.” So, like the bar or the water cooler, Facebook is your private social space where anything passing through your head can be shared with friends... right?

    Wrong. As Facebook reaches 600 million followers this year, employees who share their lives on the social networking platform have lost track of what can be said and what cannot. It seems that in this digital age, one must be careful at all times about what they post and even what they write in an email. Long gone are the days when people poured their hearts out on paper to their friends.

    In today’s age, with just a click of the mouse on the ‘forward’ button, deepest secrets can be spread to whomever. Times have changed, sharing sensitive information with friends is daunting, but on the flip side, has its advantages. Today, thanks to social networking, we can rapidly reach a global audience with just one tweet.

    Perhaps social networking should be re-examined. Just how ‘social’ should it be if you want to avoid being fired? When I first started social networking, I used my Facebook wall to post whatever silly thought raced through my head. However, as the network grew, and parents and old teachers started requesting my friendship, my attitude quickly changed. I wasn’t about to let these people in on who the truth of who this straight-A student had turned into!

    Now, I use Twitter and Facebook simply to post interesting articles or major life events. Nothing ever too personal. No matter how privatised your settings may be, you never know when the wrong person has found some dirt on you and you are next in line to be fired by your company.

    Comments (0) | Permalink

    Posted by: Juliet P. d'Arguesse

    Tags: Social Media, Online, Privacy