1. Ogletree, Deakins, Nash, Smoak & Stewart PC
Danielle Ochs
Shareholder
Ogletree, Deakins, Nash, Smoak & Stewart PC

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

3. 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

4. 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 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

5. 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

6. 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)

7. Thank you