APR 231: Chapters 12 and 13
APR 231: Chapters 12 and 13 APR 231
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This 8 page Class Notes was uploaded by Courtney Small on Tuesday March 1, 2016. The Class Notes belongs to APR 231 at University of Alabama - Tuscaloosa taught by William J. Gozenbach in Fall 2015. Since its upload, it has received 24 views. For similar materials see Intro public relations in Advertising at University of Alabama - Tuscaloosa.
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Date Created: 03/01/16
Chapter 12: PR and Law Tuesday, March 1, 2016 9:29 AM PR and Law • Lawyer: What must do • PR: What should do • Weigh the two • Conspiracy: liable if provide advice or tacitly support an illegal activity of a client or employer • Ex. Bribe, Font groups, illegal counsel to do action. Ex. 295 Libel • Libel vs. Slander, use of term defamation • 4 components: 1. Defamation: expose to hatred, contempt, or ridicule; lower esteem of peers; cause to be shunned; or injure business, trade or profession (injury of some kind) 2. Publication: seen by person other than writer and defamed 3. Id: must be able to identify the person 4. Negligence: Didn’t follow customary standards • Public Figure: added burden of false and reckless disregard for the truth, actual malice. Held to a higher standard. Defenses: 1. Truth 2. Privilege: public official doing public action 3. Fair comment and criticism Privacy: 4 major areas • Employee newsletters: keep organization orientation, not personal • Photo releases: Sign release, file, date, context • Product publicity and advertising: release, issue of misappropriation • Media inquiries about employees: Confirm employee, title/job, begin/end date, bio sheet, employee address media; no personal info o Also, email public; whistleblower/ trade secrets Copyright • 2 areas • Copyrighting your stuff • Using other's copy righted stuff Copyright • Copyright: exclusive rights of original work of authorship fixed in a tangible medium of expression now known or later developed • Work include: o Copyright symbol (c in circle) followed by copyright o Year of copyright o Name of copyright owner • Individual: Life +70 years • For hire: 95 years from publish. 45 years added for Mickey Mouse Fair use • Get permission • Copyright Clearance Center www.copyright.com • Issues of fair use 1. Purpose/character of use 2. Nature of copyright at work 3. Amount used 4. Effect on market value 7 categories of authorship • Literary works • Musical works • Dramatic works • Pantomimes and choreographic works • Pictoral, graphic or sculptural works • Motion pictures • Sound recordings Other issues • Photos : photographer own photo rights, you buy copy of photo • Freelancers: Reid Case: own, buyer gain license • Talk, agreement • Internet: Copyright like other venues o Download: Burrelle fee to use story prints o Upload: Youtube not liable, must remove o Summary pp. 310-‐311 Trademarks • Word, symbol, slogan, used singly or in combination, that identifies a product's origin • R in circle registered, TM in small caps not registered (common law), SM in circle service mark registered, SM not registered or pending • Register with patent office 1. Application 2. Drawing 3. Fee $175 4. 3 ex. How being used • First: 5 years, 10 year renewals Trademarks • Protection of trademarks: Kleenex; no verb FedExed • Need to protect; can lose it Zipper • Misappropriation of personality: The king(Elvis), CKX $100 million; Ali $50 million • Right to publicity: protection to cash in on name FTC • Regulate advertising and publicity: issues of deception or misleading • Ex. Campbell's soup: heart healthy • Hollywood movie critic quotes • Kid Food marketing • See p. 317 summary SEC: Top 3 • Full information must be given on anything that might materially affect the company's stock • Timely disclosure is essential • Insider trading is illegal • Mosaic Doctrine: "Overall misleading impression" SEC • Fair disclosure: REG FD (2000): broadly disseminate material information; not just to brokers and analysts • Sarbanes-‐Oxley (2002): CEO, CFO personally certify; no claiming ignorance • Examples p. 319-‐320 FCC • Control broadcasting, Increasingly Internet • PR VNR: source issues • Indecency: Wardrobe malfunction fines • Internet Policy: Net neutrality, increasing corporate control of Internet Service Companies FDA • Control prescription drugs, OTC drugs, cosmetics • Info: fair balance, limitations, additional full prescribing info EEOC • No discrimination based on religion, ethnic background, gender or even english skills Corporate/ Employee Free Speech • Old position: Corporation vs. citizen, not same 1st ammendment protection • Nike v. Kasky (2003): Mix political with commercial, political protected • Citizens United v. Federal Elections Commissions: corporations can spend freely for or against a candidate Chapter 13: Internet and Social Media The Internet: Pervasive in Lives • Digital: 0,1 • Internet hardware; WWW software • ARPA (Advanced Research Projects Agency) early 1960 • APRANET: 1969; move to civiilian use • 1979: like ARPANET but support discussion groups • 1979 Compuserve; 1989 AOL • 1989 Tim Berners-‐Lee: invent WWW software system; give it away • Internet Access: US 90%; 35 worldwide Internet: Pervasive in Lives • The Internet created two spheres of influence that are constantly interacting o Mediasphere o Blogosphere • Caused the democratization of information around the world Internet: Pervasive in Lives • Characteristics of the new media system o Old: centralized, costly, gatekeepers, 1-‐way o Widespread broadband o Cheap/free, easy-‐to-‐use online publishing tools o New distribution channels o Mobile devices o New advertising paradigms World Wide Web • From a public relations standpoint, a website is literally a distribution system in cyberspace • The Web has become a major source of information for journalists • Value for marketing communications • Information about the organization and reputation • A list of product lines • Technical support • How to order products and services • List of various services available WWW cont • Making a website interactive • Pull, not push model • WSJ: 3 of 24 respond adequately • Managing a website • Requires cross-‐functional teams o Brings in expertise from several departments Managing the Website • Ideally lie with Corp Comm • PR People: 70% believe control should be in PR • Reality: IT, Marketing, HR • Team approach needed Webcasts • Any event, live or archived, which involves the transmission of information from a person or organization to a larger audience over the Internet • 90% of public companies use • Ex. Chocolate Manufacturers Assn. (CMA): Chocolate samples • Ex. US Bureau of Engraving and Printing (BEP): $20 bill Podcasts • A podcast is a digital media file, or a series of such files, that are distributed over the Internet using syndication feeds (RSS) for playback on portable media players and personal computers • Primarily audio, moving to video podcasts • Ex. Whirlpool “American Family” family issues, travel, health; Purina Pet Advice WWW cont. • Podcast • RSS feeds • 3 advantages o Cost-‐effectiveness o 24/7 access by users o Portability • Common Purposes o News about company; file in electronic newsroom o In-‐depth interviews o Provide insight to consumers about products/services o Employee training • Webcast -‐Save time, $, travel -‐Greater attendance • Blogs: Everyone is a Journalist o Cost-‐effective PR tool to reach publics o 3 main types • Organizational Blogs: Company/PR write • Employee Blogs: Employee blog on behalf of co.: id self in co.; personal views • Third-‐Party Blogs: Ex. Food bloggers and Weber Shandwick • Wikis: Saving Trees o Invite all users to edit any page within the site using a basic browser o Promote meaningful topic association among different pages o Involve visitors in ongoing process of creation and collaboration o Ex. GM Centennial Celebration Tsunami of Social Media • 3 major changes for public relations o Increased opportunities for two-‐way dialogue o Communication must be more authentic and credible o Social media as fully integrated PR tactic Facebook: King in Social Media • Over 1.5 billion users o 70% are outside of the U.S. • 150 million daily US visitors • Why PR should make use of Facebook o Gaining consumer insights o Building brand awareness o Creating customer loyalty Snapshot of Facebook: 2013 • 700 million log on in world each day • 53% female, 47% male • 4.75 billion pieces of content shared daily • 50% of 18-‐24 go on when they wakeup • Average visit: 20 minutes • 25-‐34 most common age group (30%) • Over 50% of population in N. America use Twitter • Form of texting messaging 140 characters, followers • Web based so posts are indexed by Google and available to anyone with Internet access • Getting more robust: Annotations: Possible platform to share anything on Twitter • 85% of world’s largest companies have active accounts • Use examples: p. 348 • Basic guidelines for PR professionals o Think outside the box o Tell as story o Avoid bulletin board syndrome o Don’t be a “twammer” o Update on a daily basis o Use Twitter in a crisis o Think twice before posting LinkedIn: Professional Network • 200 million users o 50% in U.S. • How it works o Allows individuals to connect with other professionals in their fields o Resource for finding jobs/promotions • Employers often check résumés against LinkedIn profiles Youtube • 2 most popular search engine site after Google • Some things to consider o Over 80% of companies use online video in their marketing programs o Photos and videos drive engagement o Consumers are more likely to buy after seeing video • Organizations develop dedicated YouTube channels o Often employ humor, but don’t have to Sharing Photos • Flickr o 6 billion photos o 50 million users o Uses for PR • Find photos or videos to use on organization’s sites • Make photos available for possible use by other individuals • Instagram o 100 million users o Owned by Facebook o Primarily used on mobile devices to share photos on SNSs; expanding to web o Uses for PR • Allow users access to content via mobile devices • Top brands: MTV 1.14 million, Starbucks 1.1 million Pinterest • Highly integrated with other SNSs • Allows users to express preferences across broad array of topics and content • Tips for PR o Use high-‐quality, creative photos o Write short (20-‐word) descriptions o Transform data into visual infographics o Integrate with Facebook, Twitter, blogs, etc. Rise of Mobile-‐Enabled Content • Increased use of smartphones o 45% of U.S. population has smartphone • Projected to be 70% by 2017 o 1 billion smartphone users worldwide • Projected to be 2 billion by 2015 • Smartphone usage patterns and considerations o 2+ hours daily communicating and using social media o 80% check smartphone with 15 minutes of waking up o 80% have phone on or near them during waking day o “Connectedness” most common sentiment • An ocean of apps o 80% of time on mobile devices using apps o 40 billion yearly app downloads • Tips for creating app o Simple to use o Meets consumer needs o Original o Promotes interactivity o Well-‐publicized • *10 most popular o E-‐mail o Web browsing o Facebook o Maps/directions o Games o General search o Share/post photos o Read news, sports o Local search o Watch TV/video • Quick Response Codes o QR codes connect mobile users to organizational content o Often used in media relations content • Texting Texting: A Way of Life • 75% of mobile phone users text daily • Organizations: 3 Types o Broadcast text: brief message, memo o Subscription: User sign up; like RSS on computer o One-‐Off: Send text to source to get answer o Good ex. of texting: SD Office of Tourism Ski report
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