“I’m a marketer, not a lawyer!” Avoiding common content pitfalls

Many content marketers are struggling with creating content that involves the inclusion of community members and influencers, without getting them into legal hot water. This week #ContentChat was joined by Kerry O’Shea Gorgone (@kerrygorgone) to discuss how to avoid common legal and ethical content missteps.

Q1: How can I make sure my brand is ethically creating and curating content?

A1: First, make ethical content creation and curation a priority at your company. Have a stated policy on respecting copyright. #ContentChat https://t.co/ySQ0NfbLiv

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A1: Transparency is key. Any content that is not your own needs to be noted and linked to. #ContentChat

— Andrew Pelletier (@Andrew7000) October 24, 2016

A1: Always give credit! Don’t just curate, but comment and quote. #ContentChat https://t.co/KsGqtvFzvY

— Amy Higgins (@amywhiggins) October 24, 2016

A1. I think first of all you need to understand and respect the cultural and ethical image of your audience and adhere to it. #ContentChat https://t.co/IdGs01qzKB

— Gayane Virabian (@gayane_virabyan) October 24, 2016

A1: Did you steal it? That means, did you take an idea and not attribute it? Yeah? Well, don’t do that. #ContentChat pic.twitter.com/nQ0q6GvJSk

— Jeff Reno(e) (@Renoe) October 24, 2016

A1: Often, people have no idea that just copy/pasting a post and giving credit is NOT legal. Companies should train teams. #ContentChat https://t.co/ySQ0NfbLiv

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A1 YES! Make this easy for folks to do by giving templated examples of how to cite sources and attribute quotes. #ContentChat https://t.co/6oU5Q4IFVA

— Erika Heald (@SFerika) October 24, 2016

A1. Get permission if using a large portion of someone else’s work. Permission excuses a multitude of copyright sins. #ContentChat https://t.co/OBY8m3BBf7

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A1: attribute sources, seek permission, be transparent #contentchat https://t.co/aL6XSY7bKy

— william (@wcmckeedotcom) October 24, 2016

A1: Know what’s okay and what’s not. You can’t steal content from others and if you cite someone, give credit. #ContentChat

— Express Writers (@ExpWriters) October 24, 2016

A1a: Always reference sources if they are not original #contentchat

— Nichole Muller (@muller_nichole) October 24, 2016

@SFerika A1) ATTRIBUTION is a way to connect with new friends; give credit where due #ContentChat

— Rich Schwerin (@Greencognito) October 24, 2016

A1: Respect copyright of other’s work, provide appropriate attribution + linking to sources. #contentchat https://t.co/3MIhlAaeFp

— Scott Phillips (@scott_phillips_) October 24, 2016

A1) Citing sources is also crucial. If you didn’t say it, give credit. It works to your advantage to share info! #ContentChat

— Jason Schemmel (@JasonSchemmel) October 24, 2016

A1. Copy/pasting someone else’s content is wrong: you’re hijacking the creator’s traffic! #ContentChat https://t.co/CbaWgj3KLy

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A1 Don’t buy into the startup mantra of “seek forgiveness, not permission” when it comes to content. Ask FIRST. #contentchat

— Erika Heald (@SFerika) October 24, 2016

A1 Understand that different cultures view content creation differently, some in Europe view curation as stealing for example #contentchat

— Mack Collier (@MackCollier) October 24, 2016

A1. There’s no amount of copyrighted content you can safely use w/o permission. Fair use is a defense to an infringement claim. #ContentChat https://t.co/9uLYkHnK84

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A1. Asking someone’s permission to use copyrighted content builds your network and lets people know you respect their work. #ContentChat https://t.co/LFQlCfHFkE

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A1 People look to the INTERNET for models of writing. Folks: look to books. Look to legit storytellers. Aim. Much. Higher. #contentchat

— Ken Gordon (@quickmuse) October 24, 2016

Q2: What are some of the most common content creation and curation missteps you see brands making?

A2 One misstep is to curate too much of your own content. Which means it’s not truly curation 🙂 #contentchat

— Dennis Shiao (@dshiao) October 24, 2016

@SFerika A2: Not crediting or using images that aren’t for reuse. #ContentChat

— Stephanie Zatyko (@ExperianDQSteph) October 24, 2016

A2. Outright copyright infringement. No attributes. Not getting permission to use something – an attribute is not enough #ContentChat

— Megan McCarthy (@thlittleartiste) October 24, 2016

A2: Not understanding and respecting copyright is towards the top for sure. #contentchat pic.twitter.com/xfHJPUQy9q

— Kevin Mullett (@kmullett) October 24, 2016

A1: Copy/pasting others’ content and presenting it as yours #contentchat

— Spin Sucks (@SpinSucks) October 24, 2016

A2. The bigger the brand the bigger the target. Get permission to repost entire pieces. Linking and commenting is gen’lly fine. #ContentChat https://t.co/VNI0lhb63P

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A2: sharing facts or statics without listing references. You know, the whole “photo or it didn’t happen” deal #contentchat

— Phil Barnes (@Barnes_Phil) October 24, 2016

A2. Brands are partnering with influencers, but often not requiring influencers to disclose sponsored content. Risky mistake! #ContentChat https://t.co/VNI0lhb63P

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

And how! If your “6 Best Things I’ve Read This Week” includes only links to your blog, you’re doing it wrong. #ContentChat @dshiao https://t.co/dVpSJwQaKq

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A2: Not licencing under a open licence. Especially when it should be. Not following licence terms. #contentchat https://t.co/MVTmVraL8e

— william (@wcmckeedotcom) October 24, 2016

Sharing stats without references makes brands look sloppy or worse. If the rsch was proprietary, might also infringe copyright. #ContentChat https://t.co/pMQ9cggum8

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A2: Images + ideas shared by brands on SM that arent referenced, can lead to inaccuracy of info too if not a site worthy source #contentchat

— Nichole Muller (@muller_nichole) October 24, 2016

And don’t copy/paste #1-5 of a “Top 10” list: you’re robbing the creator of traffic b/c people will have read the best part. #ContentChat https://t.co/9oc2ORFgv0

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

Scraping is totally illegal. Shut it down by filing a complaint w/ the hosting company and with Google (to de-index the site). #ContentChat https://t.co/ehcQbCqxFO

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

This happened to my company. We had to get our legal team involved to get the infringing sites to remove our content. No fun. #contentchat https://t.co/1h6tSPC15E

— Jason Webb (@JasonLWebb) October 24, 2016

A2.Do NOT search Google for a blog post pic. Trolls optimize their images for search just so they can sue you when you use one. #ContentChat

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

Q3: Many brands are struggling with understanding and enforcing FTC guidance. Do you have a cheatsheet or tips to share?

When in doubt, disclose 😉 #contentchat https://t.co/DLZkYeD1Jw

— Mack Collier (@MackCollier) October 24, 2016

How about a disclosure flow chart? 😉 #ContentChat @SFerika pic.twitter.com/uCAiAsyguE

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A3) The golden rule applies here. Cite others and expect them to cite you in return. #CantWeAllShareAlong #ContentChat pic.twitter.com/WGUs4a64Yz

— Jason Schemmel (@JasonSchemmel) October 24, 2016

A3: If you get paid for it, take something for it, get something for it… Say it Add to your content the what & why #ContentChat

— Brandie McCallum (@lttlewys) October 24, 2016

Be too careful. Take the legal steps even if you don’t want to – even if you’re feeling tired or lazy (it’s okay, no shame). #contentchat https://t.co/B0AU6K9mz8

— Leverage Marketing (@leveragemktg) October 24, 2016

A3. Here’s the upshot: require influencers to always disclose any connection b/t them and your brand. #ContentChat https://t.co/a0aKDAtwmA

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A3. Think of it this way: would a moron in a hurry understand that this is a sponsored post? If not, you have a problem. #ContentChat https://t.co/a0aKDAtwmA

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A3. If influencer is discussing a product & got it free, they should disclose that. No special words required. Keep it simple! #ContentChat https://t.co/a0aKDAtwmA

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A3. Give influencers language to use for disclosures. Check each post they create. Make sure disclosure impossible to miss. #ContentChat https://t.co/a0aKDAtwmA

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A3. Disclosure’s even required in sponsored tweets. “Thanks for my all expenses paid trip to your new resort” will do it. #ContentChat https://t.co/a0aKDAtwmA

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A3 FTC has given signals that they’re ready to get serious. Brands like Lord & Taylor and Cole Haan have rec’d warning letters. #ContentChat https://t.co/a0aKDAtwmA

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

Q4: Content creators are also struggling to comply w/FTC guidance, especially with affiliate links. What are the must-dos?

A4. Disclosures don’t have to be boring, but they do have to be clear #contentchat

— Megan McCarthy (@thlittleartiste) October 24, 2016

Tell readers you got the product free. Let them decide how much the freebie impacted your opinion. #ContentChat https://t.co/1KoFMhG828

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A4: Just add it in, most people put a paragraph at the start or end of post, for tweets & Fb just use AFF link #ContentChat

— Brandie McCallum (@lttlewys) October 24, 2016

A4: Don’t be ashamed of affiliation! We all know sponsorship is real – own it and be open about it. #contentchat https://t.co/RxB0kRnhJI

— Leverage Marketing (@leveragemktg) October 24, 2016

A4. Mark affiliate links so people know you get paid when they buy. Not everyone even knows that’s a thing! #ContentChat https://t.co/uz9aM7EMnC

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A4: Let’s be honest, most ppl are going to skim it so be clear upfront and obvious for those taking their time. #contentchat

— Alan Fleming (@alan_fleming) October 24, 2016

A4. Average consumers might have no idea about sponsored posts, affiliate links, etc. Law is designed to protect them. #ContentChat https://t.co/uz9aM7EMnC

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A4. Even if a post’s old, if you get clicks on affiliate links, note them. Include “[Affiliate Link]” w/link to definition. #ContentChat https://t.co/uz9aM7EMnC

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

My favorite is when people say “I did NOT get this free, I just love it.” There’s no need to disclose if you paid for it. #ContentChat https://t.co/Jta43qbw1q

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

@SFerika @KerryGorgone The FTC has been clear that the link must be “conspicuious,” but fails to be clear what EXACTLY that is. #contentchat

— Kevin Mullett (@kmullett) October 24, 2016

FTC requires that disclosure be prominent (diff color, bigger font – something), and that people MUST see it b/f clicking away. #ContentChat https://t.co/ocTkCfakep

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

Haha! No need to make your site 1990s style to satisfy FTC. Just make sure disclosure is impossible to miss. #ContentChat https://t.co/V1IkJblYMy

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A4. Remember mobile: disclosure must show on a small screen b/f reader clicks away to buy. No pinching/scrolling can be req’d! #ContentChat

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

This is true. With so many folks being paid to mention products, it can be surprising when a product endorsement isn’t. #ContentChat https://t.co/70zbrzmySV

— Erika Heald (@SFerika) October 24, 2016

Q5: Should brands have a standard disclosure that they ask bloggers to use when posting sponsored content?

.@SFerika A5 It should be standard that brands educate bloggers on disclosing when posting sponsored content #contentchat

— Mack Collier (@MackCollier) October 24, 2016

A5 Standard disclosure would be a good thing. Helps to eliminate confusion across sponsored posts from the same brand #contentchat

— Dennis Shiao (@dshiao) October 24, 2016

Totally agree @MackCollier @SFerika brands need to take responsibiltiy for their influencers and make sure they disclose #ContentChat

— Brandie McCallum (@lttlewys) October 24, 2016

(We’ve touched on Q5 a bit already, but would love to get a feel for if folks are/will use something standardized) #ContentChat

— Erika Heald (@SFerika) October 24, 2016

A5. Disclosure should be campaign specific. If you give bloggers $ plus free merch, make sure they disclose those key facts. #ContentChat https://t.co/6Klen4oAkF

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A5. Approval of influencer posts will go much faster if you have standard language for your campaign. #ContentChat https://t.co/U6RDqujnBd

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A5. “Thanks to ABC Clothing for sponsoring this post (and providing my summer wardobe)” would do the job. #ContentChat https://t.co/6Klen4oAkF

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A5 brands should create standards/education for disclosure, but also let the influencers use their own voice & tone. #contentchat

— Maggie Rimnac (@chitownmags) October 24, 2016

Q6: What are some examples of brands doing a good job with FTC disclosure and ethical content creation?

A6: @Ford does a great job. I’ve worked w/them. They partner w/influencers to create original content at auto shows & events. #ContentChat https://t.co/NgdcPQ4gXF

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A6. Guessing some of the companies that have been slapped on the wrist are about to get _real_ good at disclosure! #ContentChat https://t.co/NgdcPQ4gXF

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

Disclosure is absolutely not practiced enough! Brands need to insist on disclosure from the influencers they partner with. #ContentChat https://t.co/NNDJ8b2sS4

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

Q7: What are some tools and resources to help ensure lawful and ethical content creation and curation?

FTC has a FAQ page on disclosure: https://t.co/O1RWcl89ZR I write about legal aspects of marketing at https://t.co/fzdfFlMc0a #ContentChat https://t.co/sX4GAtY8MS

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

Thanks for joining me for #ContentChat, sponsored by @spinsucks! Here are some resources on marketing law: https://t.co/1zqlt6c9uL https://t.co/sX4GAtY8MS

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A7: @creativecommons, @Auths_Alliance, @EFF #contentchat https://t.co/fFXpDR3juv

— william (@wcmckeedotcom) October 24, 2016

Q8: Are there and legal changes coming in 2017 that will impact content creation and curation?

A8. The FTC is getting serious about disclosure. (Issuing letters, etc.) Smart brands & bloggers will start disclosing now. #ContentChat https://t.co/loUZhsAggC

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A8. Also, the tools for finding infringing content online are improving all the time. Don’t lift others’ copyrighted content! #ContentChat https://t.co/loUZhsAggC

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

A8: ‘trade’ agreements such as the TPP, TTIP. Exporting awful American Copyright and DRM laws. #contentchat https://t.co/0pCj4bdUqP

— william (@wcmckeedotcom) October 24, 2016

A8. Be _very_ careful of 3rd parties licensing content. Can’t be sure they actually have the right to do so. #ContentChat https://t.co/loUZhsAggC

— Kerry O’Shea Gorgone (@KerryGorgone) October 24, 2016

@KerryGorgone #contentchat
Very good point. If you are allowing your freelancer to choose images, ask for the link and check the license

— ☕ Tonya Parker ⌨ (@parker_content) October 24, 2016

Join us for #ContentChat Mondays at 12 noon Pacific / 3:00 p.m. Eastern.