The current legal battle between Viacom and Google/YouTube is going to have significant ramifications beyond today’s headlines.  It’s getting surprisingly little play amongst much of the social media digerati, but it’s something we all need to be aware of.

The lawsuit and the proceedings around it are truly a sign of the times.  It’s a direct outgrowth of what we’ve been emerging via the internet over the past several years.  Sites such as YouTube have essentially become free communicative vehicles to not only view, but  share and alter video productions of all types.  The concept of “share” is important because most of us use it.  But in reality, it is a nice way of saying “distribute”.  And from distribute comes distribution - a fundamental with tremendous legal ramifications.

Alter is a tough one too.  The “mash-ups” that many in social media and digital marketing talk of enthusiastically can be as problematic.  As, I guess, it should be.  At least in some cases.  An artist creates an original piece of work.  Then distributes it, usually netting some sort of financial gain.  Others take it, and now because of new tools can alter it and redistribute it.  Many times this new process leads to lost potential revenue for the original artist. Read more…

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.

It looks like the obsolete medium known as the “book” is hot enough to result in piracy, at least in the case of the upcoming Harry Potter book, Harry Potter and the Deathly Hallows. Apparently someone took the time to scan every page of the book, pre-release and currently shrouded in secrecy, and float the copies online, all 784 pages of it.

“Well, you won’t read it here. But in this digital age where secrets are getting harder to keep, copies of “Harry Potter and the Deathly Hallows” were posted online in several places, including a Milpitas-based social networking site.” Via Newsday, Sky.com, Detroit Free Press, and Inside Bay Area

It will be interesting to see how the publishing industry responds. I guarantee you that the response will be just like that of the RIAA.