Business Bloggers & Fair Use Questions

Check out my first IowaBiz blog post at the Business Record's blog, where I'll be blogging on internet law issues.  My first post discusses a few copyright issues facing individuals who blog for business purposes, with a focus on the fair use doctrine.

Hospital Workers Post Pics of Dying Man on Facebook: Highlights Need to Educate Employees on Proper Use of Social Media

So. Not. Cool.

Sixty-year-old William Wells arrived at St. Mary Medical Center's emergency room in Long Beach with more than a dozen stab wounds. According to the Los Angeles Times, his throat had been lacerated so severely, he was almost decapitated.

The first instinct of a handful of hospital workers there that day? Rather than rush to the aid of the dying man, they took pictures of him . . . and then, yes, they posted them on Facebook.

According to the Los Angeles Times news story, the hospital fired four staff members and disciplined three. At least two involved were nurses (but they apparently weren't fired).

This sad story highlights some of the challenges healthcare facilities face in today's social media frenzied culture. Hospitals and clinics struggle to balance their use of social media sites for marketing, recruiting, and advertising purposes against the need to protect patient privacy. But let me suggest that social media isn't really the problem -- the problem arises when employees make poor judgment calls when using these new online tools.  Of course, these employees should have known posting pictures of a dying man on Facebook was a bad idea.  But some privacy breaches and other workplace problems could be prevented if employers took a more concerted effort to identify their business needs and to educate employees about social media expectations.

Healthcare facilities often implement across-the-board bans of Facebook and other social networking sites at the workplace, assuming this kind of broad-brush approach will be the most effective. Managers may be forgetting that blocking workstation access to Facebook wouldn't have changed the St. Mary employees' access to their smartphone cameras and 3G mobile internet. Frankly, I don't think all-out bans of social media sites at the workplace are practical or effective.  Employers should take the time to create, communicate, and maintain a thoughtfully considered social media policy. Although some judgment calls seem intuitive, employers need to communicate their requirements and expectations to employees regarding employee use of social media.

New Jersey Town Adds DUI Pics to Facebook Page

Oh, my. Check out this story over at cnet about a New Jersey township that recently decided it will post arrest photos on its Facebook page. According to the story, the police department has maintained a Facebook page for about six months, but just this week decided to add DUI pictures to the site.

Social Media Club Des Moines Presentation Tomorrow: "Legal Side of Social Media"

If you're in the Des Moines area, come on over to Mars Cafe in the morning to join Social Media Club Des Moines (SMCDSM) for my presentation on various legal issues related to social media. 

 

SMCDSM organized this free event, and it's sponsored by Mars Cafe (owned by my colleague, Larry James, Jr.!) and Dickinson, Mackaman, Tyler & Hagen PC (my employer!). 

Mars Cafe is located at 2318 University Avenue in Des Moines. Come early to grab food and drink, and my presentation will begin at 7:30a tomorrow, Tuesday, August 10, 2010.  The presentation will be about 30 minutes, with time thereafter for some discussion and/or Q&A.

For more information or to RSVP, check out the SMCDSM's event description here.