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1 Food and Beverage: Law & IP Event Randy Liebowitz June 2 nd, 2015 – London Stock Exchange.

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Presentation on theme: "1 Food and Beverage: Law & IP Event Randy Liebowitz June 2 nd, 2015 – London Stock Exchange."— Presentation transcript:

1 1 Food and Beverage: Law & IP Event Randy Liebowitz June 2 nd, 2015 – London Stock Exchange

2 2 Social Media Platforms

3 3 Overview: Celebrities and Brands A.Celebrities. Do not use the name or likeness of any famous person without first consulting the Legal Department. B.Trademarks. Do not use the trademark, brand name, or logo of any company without consulting the Legal Department. C. Popular Phrases. Do not use references or sayings that are famously associated with third parties without consulting with the Legal Department. For example, Do NOT Post: “That guy is WINNING”. D.Partners and Spokespersons. Consult the Legal Department prior to posting about company affiliated partners, retailers, and/or official celebrity or non-celebrity spokespersons. E.Competitors. Consult the Legal Department prior to posting about company’s competitors.

4 4 1. Facebook a)Posting Company Content 1.You may post content (images, videos, text) owned by Company. i.Caution: Not all content used by Company is owned by Company. Some content, especially including talent or athletes, may be subject to third party restrictions through their respective licenses or agreements, which may also include geographic limitations on trademarks. 2.You may use content licensed to Company only if the license (whether talent/athlete/team/league/promotional partnership or other agreement) allows use on the internet and does not exclude Facebook. b)Posting/Re-posting Third Party Content 1.Posting content from third parties. i.Do not post content from any third-party websites or social media pages without securing prior written permission (except as described below). Even if we have an agreement with the third party (talent/athlete/team/league/promotional partner), we may still need the third party's prior written permission to post/re-post an image from their Facebook Page or other website. 2.Posting content from a partner's website. i.Do not post content from any partner's websites or social media pages without prior written permission from the owner of that website as well as verifying that they actually have the rights themselves to use such content and to grant permission to Company to use such images.

5 5 Facebook con’t. 3.Re-posting content from other Facebook pages or profiles. i.Do not re-post content from other Facebook users' Pages or profile without prior written permission from the original content creator. ii. Do not re-post content from other Facebook users' pages or profiles which contain third party images or content, even if the Facebook user grants you permission. iii. Do not re-post content from other Facebook users' pages or profiles which contain celebrities' images or images of other individuals, even if the user grants you permission. You can only re-post celebrity images or other individuals if such person has given Company prior written permission to do so. iv.Do not re-post content from other Facebook users' pages or profiles which contain 3 rd party brands or trademarks, even if the user grants you permission. You can only re- post content containing third party brands or trademarks if the 3 rd party has given Company prior written permission to do so. 4.Re-posing posts made on a Company Facebook Page i.You may share or respond to a Facebook user’s post made on a Company Facebook Page provided that: a.you do not reuse the content (e.g., the text or photo) as a part of our main page content (e.g., cover photo); b.you do not engage the user in a negative manner; c.the content doesn't contain false or disparaging remarks about your Company, brand or competitors, either expressly or impliedly; d.the content doesn't infringe on any other company or brand's copyrights or trademarks; and e.the content does not imply endorsement or affiliation by the user.

6 6 Facebook con’t. c)Posting Content Containing or Referencing Third Parties 1.Do not post content containing the image of or referencing any third party (including celebrities, famous individuals or any third party) without prior written permission. 2.It may be possible to post images of or refer to Company Spokespersons. i.Agreements with talent/athletes may limit the ability to post their images on Facebook or refer to them on Facebook or similar media and the talent/athlete may have approval rights of all such content posted. Please also keep track of the term of such talent agreements and pull down content upon expiration of the agreement if applicable. In addition, the copyright to the photo may belong to a third party photographer and not to the talent/athletes; therefore having an agreement with the talent/athlete may not avoid copyright claims. 3.Disclose any material connections to Company. i.If you wish to ask a Company spokesperson to pin Company-related content or otherwise promote a Company brand on the spokesperson's Facebook page, please contact the Legal Department and Public Relations to ensure that such communication is approved for re-posting, that the spokesperson will be in compliance with FTC Guidelines on Testimonials and Endorsements and that the spokesperson will clearly disclose his/her relationship to Company.

7 7 2. Twitter a)Tweeting Company Content 1.If a Company Twitter Account for the relevant Company brand does not already exist, you must create a Twitter Account provided you are authorized to do so on behalf of Company. Contact the Legal Department to confirm that you have such authorization and the naming and contact/profile information conventions to be used in creating the account or page. 2.You may tweet content (images, text) owned by Company. i.Caution: Not all content used by Company is owned by Company. Some content, especially including talent or athletes, may be subject to third party restrictions through their respective licenses or agreements, which may also include geographic limitations on trademarks. 3.You may include content licensed to Company in a tweet only if the license (whether talent/athlete/team/league/promotional partnership or other agreement) allows use on the internet and does not exclude Twitter. 4.You should check with the Legal Department before tweeting any content or link to content that is not owned or licensed to Company to ensure you have the right to tweet that content. 5.Be aware that any content (including Company images) that you tweet from Company twitter accounts can be re-tweeted by any Twitter user and can also potentially be modified by Twitter or Twitter users.

8 8 Twitter con’t. b)Tweeting/Re-Tweeting Third Party Content 1.Tweeting content from third parties. i.Do not tweet content from any third-party websites without securing prior written permission (except as described below). Even if we have an agreement with the third party (talent/athlete/team/league/promotional partner), we may still need the third party's prior written permission to tweet/re-tweet text or an image from their tweet or website. ii.You can tweet a link to content from third parties if: a.you do not engage the third party in a negative manner; b.the content doesn't contain false or disparaging remarks about Company, its brands or competitors, either expressly or impliedly; c.the content doesn't infringe on any other company or brand's copyrights or trademarks; and d.the content does not imply endorsement or affiliation by the third party.

9 9 Twitter con’t. 2.Tweeting content from a partner's website. i.Do not tweet content from any partner's websites or tweets without prior written permission from the owner of that website or tweet as well as verifying that they actually have the rights themselves to use such content and to grant permission to Company to use such content. ii.You can tweet a link to content from a partner’s website parties if: a.you do not engage the partner in a negative manner; b.the content doesn't contain false or disparaging remarks about Company, its brands or competitors, either expressly or impliedly; c.the content doesn't infringe on any other company or brand's copyrights or trademarks; and d.the content does not imply endorsement or affiliation by the partner.

10 10 Twitter con’t. 3.Re-Tweeting content from other Twitter accounts. i.Do not re-tweet tweets from other Twitter users' which contain or link to third party images or content, even if the Twitter user grants you permission. ii.Do not re-tweet content from other Twitter users' which contains references to celebrities' or links to their images or images of other individuals, even if the user grants you permission. You can only re-tweet tweets with links to celebrity images or other individuals if such celebrity has given Company prior written permission to do so. iii.You may retweet a celebrity’s tweet one time, provided that either (1) the celebrity mentions Company or its products or services in a tweet or (2) the celebrity tweets a Company Twitter account so long as: a.you do not engage the celebrity in a negative manner; b.the tweet doesn't contain false or disparaging remarks about Company, its brands or competitors, either expressly or impliedly; c.the tweet doesn't infringe on any other company or brand's copyrights or trademarks; and d.the tweet does not imply endorsement or affiliation by the user. iv.Multiple retweets of the same celebrity’s tweets should be avoided. v.Do not re-tweet tweets from other Twitter users which contain 3 rd party brands or trademarks or links to images containing 3 rd party brands or trademarks, even if the user grants you permission. You can only re-tweet tweets containing third party brands or trademarks or links to images containing 3 rd party brands or trademarks if the 3 rd party has given Company prior written permission to do so.

11 11 Twitter con’t. c)Tweets Containing or Referencing Third Parties 1.Do not include references to any third party (including celebrities, famous individuals or any third party) or links to images of such third parties in tweets without prior written permission. 2.It may be possible to tweet images of or refer to Company Spokespersons in tweets. i.Agreements with talent/athletes may limit the ability to post their images in tweets or refer to them in tweets and the talent/athlete may have approval rights of all such references or images tweeted. Please also keep track of the term of such talent agreements and pull down any such tweets upon expiration of the agreement if applicable. In addition, the copyright to the photo the tweet contains a link to may belong to a third party photographer and not to the talent/athletes; therefore having an agreement with the talent/athlete may not avoid copyright claims. d)Following Other Twitter Accounts 1.You may follow other Twitter accounts, including those of celebrities, provided that you do not imply that there is an affiliation between Company and the user. 2.Do not follow Company competitors or retweet their tweets.

12 12 3. YouTube a)Posting Company Videos 1.If a Company Channel for the relevant Company brand does not already exist, you must create a YouTube Channel provided you are authorized to do so on behalf of Company. Contact the Legal Department to confirm that you have such authorization and the naming and contact/profile information conventions to be used in creating the account or page. i.Only images or other content owned or used under license by Company may be used as background in the Channel. Check with the Legal department for approval to use any image(s) in the Channel background. 2.You may post videos owned by Company. i.Caution: Not all videos used by Company are owned by Company. Some videos, especially including talent or athletes, may be subject to third party restrictions through their respective licenses or agreements, which may also include geographic limitations on trademarks. 3.You may use videos licensed to Company only if the license (whether talent/athlete/team/league/promotional partnership or other agreement) allows use on the internet and does not exclude YouTube. 4.You should check with the Legal Department before posting any videos that are not owned or licensed to Company to ensure you have the right to post that video. 5.Be aware that any video (including Company video) that you post on Company YouTube Channels can be re-posted by any YouTube user and other third parties that put links on their web pages or use YouTube’s API to embed the YouTube player on their website.

13 13 YouTube con’t. b)Posting/Re-posting Third Party Videos 1.Posting videos from third parties. i.Do not post videos from any third-party websites without securing prior written permission (except as described below). Even if we have an agreement with the third party (talent/athlete/team/league/promotional partner), we may still need the third party's prior written permission to post/re-post a video from their YouTube Channel or other website. ii.You can post a link to video from third parties if: a.you do not engage the third party in a negative manner; b.the video doesn't contain false or disparaging remarks about Company, its brands or competitors, either expressly or impliedly; c.the video doesn't infringe on any other company or brand's copyrights or trademarks; and d.the video or your description of it description does not imply endorsement or affiliation by the third party.

14 14 YouTube con’t. 2.Posting videos from a partner's website. i.Do not post videos from any partner's websites without prior written permission from the owner of that website as well as verifying that they actually have the rights themselves to use such videos and to grant permission to Company to use such videos. ii.You can post a link to video from a partner’s website parties if: a.you do not engage the partner in a negative manner; b.the video doesn't contain false or disparaging remarks about Company, its brands or competitors, either expressly or impliedly; c.the video doesn't infringe on any other company or brand's copyrights or trademarks; and d.the video or your description of it does not imply endorsement or affiliation by the partner.

15 15 YouTube con’t. 3.Re-posting videos from other YouTube Channels or users. i.Do not re-post videos from other YouTube Channels or users without prior written permission from the original video creator. ii.Do not re-post videos from other YouTube Channels or users which contain third party images or content, even if the YouTube user grants you permission. iii.Do not re-post videos from other YouTube Channels or users which contain celebrities' images or images of other individuals, even if the user grants you permission. You can only re-post celebrity images or other individuals if such person has given Company prior written permission to do so. iv.Do not re-post videos from other YouTube Channels or users which contain 3 rd party brands or trademarks, even if the user grants you permission. You can only re-post videos containing third party brands or trademarks if the 3 rd party has given Company prior written permission to do so.

16 16 YouTube con’t. c)Posting Videos Containing or Referencing Third Parties 1.Do not post videos containing the image of or referencing any third party (including celebrities, famous individuals or any third party) without prior written permission. 2.It may be possible to post videos of or refer to Company Spokespersons. i.Agreements with talent/athletes may limit the ability to post videos containing their images on YouTube or refer to them on YouTube or similar media and the talent/athlete may have approval rights of all such videos posted. Please also keep track of the term of such talent agreements and pull down videos upon expiration of the agreement if applicable. In addition, the copyright to the video may belong to a third party videographer and not to the talent/athletes; therefore having an agreement with the talent/athlete may not avoid copyright claims.

17 17 4. Pinterest a)Pinning Company Content 1.If a Company account for the relevant Company brand does not already exist, you must create a Commercial Account on Pinterest provided you are authorized to do so on behalf of Company. Contact the Legal Department to confirm that you have such authorization and the naming and contact information conventions to be used in creating the account or page. 2.You may pin images owned by Company. i.Caution: Not all images used by Company are owned by Company. Some images, especially those including talent or athletes, may be subject to third party restrictions through their respective licenses or agreements, which may also include geographic limitations on trademarks. b)You may use images licensed to Company only if the license (whether talent/athlete/team/league/promotional partnership or other agreement) allows use on the internet and does not exclude Pinterest. c)You should check with the Legal Department before pinning any images that are not owned or licensed to Company to ensure you have the right to pin those images. d)Be aware that any content (including Company images) that you pin on Company Boards can be re-pinned by any Pinterest user and can also be modified by Pinterest or Pinterest users.

18 18 Pinterest con’t. 5.Pinning/Re-pinning Third Party Content a.Pinning images from third parties. 1.Do not pin images from any third-party websites without securing prior written permission (except as described below). Even if we have an agreement with the third party (talent/athlete/team/league/promotional partner), we may still need the third party's prior written permission to re-pin an image from their Pinterest Board or other website. 2.You can re-pin an image if the third-party website has a "pinit" button associated with that image. Note, however, that you still should not re-pin celebrities, individuals whose faces are visible, or third party trademarks onto your Brand Board. b.Pinning images from a non-brand/personal website (e.g., blogs). 1.Do not pin images found on a third party website which has implemented a "no pin" policy. i.This applies even if the "no pin" policy image is found on another website. 2.As described above, do not pin images from any third party website without prior written permission.

19 19 Pinterest con’t. c)Pinning images from a partner's website. 1.Do not pin images from any partner's websites without prior written permission from the owner of that website as well as verifying that they actually have the rights themselves to use such images and to grant permission to Pepsi to use such images. d)Re-pinning content from other Pinterest pages. 1.Do not re-pin content from other Pinterest users' Boards without prior written permission from the original content creator. 2.Do not re-pin content from other Pinterest users' pages which contain third party images, even if the Pinterest user grants you permission 3.Do not re-pin content from other Pinterest users' pages which contain celebrities' images or images of other individuals, even if the user grants you permission. You can only re-pin celebrity images or other individuals if such person has given Company prior written permission to do so. e)Always provide credit for any third party images that you have pinned. 1.Pinterest encourages users to link back to the original source of pinned material. 2.If an original image contains a description or comment that credits the original source, that description or comment should be included in the re-pinned image on Company's Board.


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