Pro Bono Partnership of Atlanta

Social Media

Pause Before You Post: Nonprofits and Social Media Legal Considerations

Volunteers and employees engage nonprofits via social media in multiple ways. Volunteers may take pictures of themselves at an organization event and post them on their social. Or a board member may mention their affiliation with a (C)(3) in their profile, while making posts that should not be associated with the nonprofit. And finally, each organization has their own social media accounts to manage. So many ways to engage and so many legal considerations. Shelley Hildebrand will break down those considerations and will share some helpful guidance about nonprofits and social media use in this episode of the PBPA Podcast.

Resources Referenced in the Episode: 

Political Activities of Nonprofit Board Members and Employees

Episode 32 Transcript

Like, Follow & Subscribe: Legal Considerations for Nonprofits Working with Social Media Influencers

Nonprofits continually seek new and creative methods to increase awareness about their mission and fundraise.  Social media influencers are a real marketing force, and you may be trying to figure out if and how your nonprofit could work with an influencer.  Take a listen to this episode of the PBPA Podcast, where Jim Dudukovich, Counsel at Bryan Cave, reviews the legal considerations for nonprofits working with social media influencers. 

Additional Resources Referenced During this Episode:

Commercial Co-ventures & Cause Marketing

Fundraising Consultants & Solicitors: Working with Third-Party Fundraisers

Episode 23 Transcript

Episode-23-Transcript-Working-with-Social-Media-Influencers

Webcast: Using Intellectual Property with Social Media

Social media makes a great way to communicate with nonprofit clients, stakeholders, donors, and the general public. Almost all posts use your organization’s or another’s intellectual property to spread the word. Intellectual property includes copyrighted content (like images, videos, and text), brands and logos and individuals’ rights of publicity. During this presentation, we’ll talk through the best practices and common pitfalls of using intellectual property with social media, including:

  • Properly identifying your organization’s content
  • How to best use others’ content without infringing it, including ‘what is fair use?’
  • What is an “individual’s right to publicity” and how to avoid violating it
  • Why it’s important to train staff and volunteers who post on behalf of your organization about these best practices

Speaker: Creighton Frommer, Chief Counsel, Intellectual Property at RELX

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Webcast: Avoiding the Legal Pitfalls of Using Photos

Photographs promote a nonprofit’s operations unlike anything else. They can be used on websites, in brochures and newsletters, and on social media to demonstrate what an organization is doing in its community. Confusion, however, abounds on when an organization can use photographs legally and under what circumstances.

During this 30-minute webinar, our speaker helps nonprofits understand:

• Basic considerations in using a photograph of people;
• An organization’s rights in using a photograph; and
• How to avoid legal problems when using photographs.

Presenter: John Bush, Bryan Cave

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Avoiding the Legal Pitfalls of Using Photos slides

Webcast: Practical Tips on How to Conceive and Grow Your Brand

Whether your organization has just been born or has been serving the community for decades, you may not realize that your organization’s trademarks and branding are valuable symbols for trust and quality to those you serve. The reputation of your organization is inseparable from its brand. As a result, it is important that these intellectual property assets are selected with care. It is also critical to protect your trademarks from infringement or dilution by others, which can be common in the nonprofit space.

This webcast will appeal to those both new and experienced in the area of nonprofit brand management. With the opportunity for interactive Q&A, we will generally discuss:

• How to select strong, non-descriptive trademarks.
• How to police your brand and handle infringement disputes.
• Tips on maintaining an effective social media presence.
• Making “creative review” part of your marketing culture.

Presenter: Anuj Desai, Arnall Golden Gregory

Please note that 33 minutes into the webcast we experienced some technical difficulties.

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Webcast: Social Media for Nonprofits

Social media is an invaluable tool that helps you connect with donors, clients, volunteers and stakeholders in a personal way. These platforms give you new and exciting ways to tell your story, but sometimes that story gets hijacked by negative comments. These public controversies can threaten your credibility, your reputation and your funding. This live webcast covers how to prepare for negative engagement, how to address it in the event of a crisis, and how and when to take legal action.

During this 30 minute webcast, our speakers will help nonprofits understand:
• What to do before a crisis happens
• How to approach negativity from a public relations perspective
• Response strategies
• Legal remedies

Presenters: Ashley Harp, Jackson Spalding, and Sam Casey, Sutherland

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Want to regulate what your employees say on social media? Check with a lawyer first.

After a frustrating day at work, an employee comes home, logs onto Facebook, and posts on her wall that she hates her boss, her co-workers are incompetent, she doesn’t get paid enough, and she works too many hours. When her boss learns about the posting, the employee is fired. Under federal labor laws, this firing might be illegal.

With the use of social media on the rise, employers are facing the difficult decision of what to do when employees discuss work-related issues on social media. This is especially a concern for nonprofits, which rely on public image and trust to remain sustainable. In each situation, employers must react carefully so as to not tread on employees’ rights under federal law. This new article on our website discusses recent actions by the National Labor Relations Board concerning discipline or termination of employees for social media postings and suggests best practices for employers to avoid problems.

Social Media Regulation

Social Media NLRA Legal Alert