Marketing and legal need to work together

by Jonathan Trenn on March 2, 2008

I just asked a question via Twitter. And I’ll repeat it here.

Question for social media types…many complain about interference from legal dept. when it comes to social media, especially with UGC…so, are there any conferences, events, seminars, etc. that bring the two groups together to understand one another more?

Not to toot my own horn, but that’s a good question. And it’s one that needs to be answered.

Marketers are essentially in charge of defining, promoting, enhancing, and protecting the brand. Lawyers are essentially in charge of protecting the entity, the business, and, yes, the brand.

I got to thinking about this because social media strategists often, as part of their strategy, enlist, encourage, or allow a brands users to play a role in the branding. I got to thinking of a recent story involving a group of car enthusiasts putting together a picture calendar showing off their cars. They calendars were to be sold on CafePress. But there was some sort of communication screw up and it was halted I believe. Some social media strategists mistakenly blamed the car company.

But then I thought…wait…if the legal department did have reservations in this situation, is that necessarily a bad thing? Think about it….

What if one of the participants of an unsolicited consumer generated media effort has let’s say a problem. Like a police record. I mean, let’s say he’s the type of guy who could get nailed by Chris Hansen of Nightline. You know, a pedophile.

Ridiculous? If you think so, you’re missing the point. The point is that legal department and marketing departments are going to have to understand one another and work together to both reasonably promote and protect the brand through social media. Cutting edge vs. overly cautious won’t do. Lawyer potentially nixing or at least getting in the way of potentially effective programs or frustrated marketing types angrily rolling their eyes at the stupidity and interference of the legal department will only serve to stifle the brand, or, potentially worse, leave it unprotected.

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