Category: Law

  • You Ask, I Answer: IP Ownership of Assets at Work?

    Summary In today's episode, I break down who owns creative work like templates and photos that you produce during employment. Here's what this means for you. You'll gain clarity on work-for-hire clauses and learn how to negotiate protections before you sign an offer. You'll also learn these concepts: how to negotiate ownership terms up front,…

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  • You Ask, I Answer: Stopping Misuse of AI?

    Jesse asks, “How can we stop bad actors from using AI for malicious means, from deepfakes to surveillance to hijacking political systems?” The short answer is you can’t. AI isn’t a mystical, monolithic technology in a black box. AI is a collection of mathematical techniques, techniques in statistics and probability. Can you stop bad actors…

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  • #FridayFeeling: Happy GDPR Enforcement Day

    Don’t panic. Depending on the kind of company you are, your risks for GDPR enforcement may vary. Many SMBs with no physical or economic presence in the EU, marketing in the EU, etc. may be at relatively low risk and can implement provisions of GDPR as time and resources permit. DISCLAIMER: I AM NOT A…

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  • You Ask, I Answer: GDPR 101 for Marketers

    A surprising number of marketers are ill-informed and ill-equipped to implement the largest change in data and privacy in the last 20 years: the General Data Protection Regulation of the EU, known by its initials, GDPR. With recent rollouts of new compliance features by companies like Google, some folks are hearing about GDPR for the…

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  • 10 Survey Research Disclosure Rules for Marketers

    I was recently asked my opinion on a piece of survey research and how valid I thought it was. One of the easiest tests for validity of any piece of research is in its disclosure statement and methodology. Why Disclosure? The more a study discloses, the more likely it is the study sponsor is willing…

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  • The litmus test for influencer disclosure

    As you’ve no doubt read, the FTC has increased its scrutiny of social media influence. Above and beyond what the FTC requires as the minimums for disclosure, what else do you need to consider? The litmus test you should apply to yourself for disclosure is this: what makes you change your speech? For example, as…

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  • Striking similarity

    Jason Falls wrote a blog post recently about originality, plagiarism, and synthesis. If you haven’t read it, go read it first. Disclaimer: I am not a lawyer. If you need legal assistance, contact a real lawyer! The concern on the Internet isn’t about plagiarism per se. While it’s unethical, it’s not illegal in its own…

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  • The First Amendment Does Not Protect Stupid Speech

    I’ve noticed a fair amount of commentary about the firing of Business Insider’s CTO after his archive of racist, misogynist, and generally stupid tweets were discovered and brought to light. More than a few people have said that his firing is a “worrying potential infringement” of his right to free speech. It is not an…

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