Ogletree, Deakins, Nash, Smoak & Stewart PC Danielle Ochs Shareholder Ogletree, Deakins, Nash, Smoak & Stewart PC Danielle.ochs@ogletreedeakins.com

Policies - Procedures - Training - Enforcement Employers Can Protect Themselves Against Misuse Policies - Procedures - Training - Enforcement

Digital Media/ Internet Policies and Procedures No ownership of work by employee for employer - belongs to employer (work for hire) No unauthorized digital uploading, posting, blogging or sharing of employer-owned content, trademarks and logos for commercial purposes (even if information not confidential) No unauthorized downloading of 3rd party digital content for work-related purposes No unauthorized integration of 3rd party content into employer work product No unauthorized installation of software, applications, or media players No work-related digital conduct /content and device use inconsistent with employer rules “Authorization” requires transparency and knowledge of and compliance with applicable copyright, trademark, patent and other employer and intellectual property laws, rules, and regulations

Dos and Don’ts Do determine personal / work time use policy (“no personal use” vs. modest use) Do prohibit unauthorized digital speech on behalf of the Company Do prohibit knowingly false digital speech about the Company Do prohibit obscenities, threats, pornography, harassment, discrimination, and bullying Do require work-related testimonials, endorsements, “friending” and “likes” to comply with rules and law Do advice no expectation of privacy - reporting obligations – threat of personal criminal & civil liability Don’t allow employees to register company email on non work-related social media sites Don’t allow managers to share content unless legitimate business necessity / purpose Don’t otherwise interfere with right to speak or concerted activity

Training and Enforcement – Generally Employees should understand difference between copyrights, trademarks, trade secrets, and patents Employers should convey importance of IP protections -provide examples of digital outlets /content that raise issues

Training and Enforcement – Specifically Review policies and procedures at beginning of employment Document receipt of policies with written acknowledgments Train employees on policies annually Monitor internet traffic (technology available) Enforce policies by coaching / disciplining violators (but be consistent)

Thank you