The rise of social media has provided more space and opportunities for enterprise marketing. From foreign Facebook, Twitter to blogs, Sina Weibo, Tencent Weibo, WeChat, RenRen, QZone, etc., the openness, rapidity and large number of attention that these platforms have brought to the gospel for the enterprise makes it faster and easier for the enterprise to become the focus of public attention, but also makes the enterprise directly face a variety of potential risks that can not be predicted and controlled. These risks stem mainly from a lack of awareness of copyright laws and a lack of vigilance in managing social media. In general, enterprises in the unauthorized situation is not uncommon, such as a company sent microblogging unauthorized use of 17 copyrighted images were awarded 50,000; a company WeChat public account for the unauthorized will be noted not reproduced original works slightly modified to publish the original author's copyright infringement and the defendant in court. In addition, WeChat, Weibo and other platform providers have repeatedly issued specifications to strengthen the protection of the rights and interests of original content and regulate the reproduction and reprinting of content, etc. Relevant state departments, some professional third-party organizations, and industry associations and alliances are also actively involved in monitoring the protection of intellectual property rights in the team. In addition, social media is also a disaster area for false information, privacy leakage, reputation infringement and other infringement risks, which is very worthwhile for enterprises to pay special attention to.
Article 3 of China's Copyright Law divides works in which citizens enjoy copyright into nine categories: 1) written works, such as articles, treatises, translations, novels, poems, etc.; 2) oral works, such as speeches, reports, raps, etc.; 3) works of music, drama, opera, dance; 4) works of art, photography; 5) films, television and video works; 6) engineering designs, product design drawings and their descriptions; 7) maps, music, music, music and dance; 8) works of art, photography, etc.; 9) works of art, photography, video, etc.; 10) works of art, photography, etc.; 11) works of art, photography, etc.; 12) works of art, photography, etc. instructions; 7) maps, diagrams and other graphic works; 8) computer software; 9) other works prescribed by laws and administrative regulations.
According to Article 2 of China's Regulation on the Protection of the Right to Information Network Dissemination, any organization or individual who makes another person's works, performances, sound and video recordings available to the public through an information network shall obtain permission from the right holder and pay remuneration. According to the current legal norms, for the unauthorized reprinting of articles by WeChat public numbers, in which the author and the source are clearly indicated, although there is no violation of the right of authorship, it still infringes on the right of dissemination of information network. If not only did not mark the author's source, or even change the name and claim originality, then it violates both the copyright property rights of the right to disseminate the information network, and also violates the right of authorship and other moral rights.
That is to say, enterprises are not allowed to disseminate publish and edit and tamper with unauthorized pictures, written works, musical works, etc. in social media marketing promotions. In the daily management of corporate marketing, it is necessary to formulate a risk prediction and management system for social media, train and educate marketing personnel to strictly follow the established operating procedures, and submit pre-screening of external works that may involve copyrights, in order to maximize the avoidance of omissions and potential brand risks. This is also important for companies that outsource their official social media management to a third party, because even if you're not actively involved, you may not be able to stay out of the way if something goes wrong.
Rivals launch marketing provocations
Whether it's the double 11 group tearing, or millet and Meizu, Gree, LeEco and other manufacturers of mutual strangulation, or some time ago the boisterous Shenzhou against Uber launched the "BeatU! In the corporate ecosystem, there is always a lot of drama between competitors and peers. Some companies may have a natural provocative factor, while others may want to capitalize on the marketing hype, the purpose of which is clear to both parties. The best way for a company to deal with challenges from competitors is to use legal means, but if you decide to compete in your marketing campaigns, you need to think carefully. Marketers need to understand the context of their business, such as the environment and industry in which it operates, its culture, principles, competitors' tactics, marketing bottom line, etc., and consider the possible legal ramifications of doing so, as well as the subsequent internal accountability issues. In addition, marketers must be prepared to respond to foreseeable marketing provocations from competitors, rather than reacting impulsively or panicking.
Sensitive areas for brand endorsement and advertising
The Internet and new media have created many new types of stars such as talent show stars, Internet celebrities, social media giants, etc., and the main body of the self-media, such as celebrity celebrities' microblogs and WeChat, and famous Vs, is also becoming a popular place for companies to release marketing advertisements and brand endorsements, due to the large number of active, sticky, and high-quality fan bases that love to share and comment. Positions. For marketers, the choice of corporate spokespersons has always been cautious, not only need to consider whether the spokesperson image and corporate product brand style match, but also need to prevent the potential risk of negative news and brand behavior contrary to the spokesperson's unexpected events. Whether inviting spokespersons, publishing brand advertisements, we need to pay close attention to the national regulatory system. Recently, the U.S. Federal Trade Commission (Federal Trade Commission) has updated its endorsement guidelines to include social media, stipulating that the basic rules for endorsement are that it must be truthful and based on the endorser's actual experience, and that the endorser must disclose any special relationship with the product's corporate side and reveal whether or not he or she has received anything of value from the company.On September 1, our country was called the "most stringent regulation in history". The new Advertising Law, which has been called "the strictest in history", was formally implemented, and it clearly stipulates that:
1) Natural persons who publish advertisements in the self-media also need to bear the corresponding legal responsibility.
2)The use of the Internet to publish and send advertisements shall not affect the normal use of the network by users.
3)Advertisements published on Internet pages in the form of pop-ups and other forms of advertising should be significantly marked with a closing sign to ensure that a key to close.
4)Absolutized terms banned in advertisements, such as national, top, best, etc., will be fined from 200,000 yuan.
5)Advertisements are prohibited to contain the use of military flags, songs and emblems, jeopardize the safety of persons and property, disclose personal privacy, pornography and gambling.
6)It is prohibited to advertise breast milk substitutes in the mass media.
7)It is prohibited to publish tobacco advertisements in mass media or in public ****places, public ****transportation, or outdoor.
8)It is prohibited to utilize minors under the age of ten as spokespersons for advertisements.
9)It is prohibited to carry out advertising activities in primary and secondary schools and kindergartens, and to publish or disguise advertisements in textbooks, teaching aids, exercise books, stationery, teaching aids, school uniforms and school buses for primary and secondary school students and young children, with the exception of public welfare advertisements.
10)Any unit or individual is prohibited from sending advertisements to a person's residence, means of transportation, etc., without his or her consent or request, and from sending advertisements to him or her by means of electronic messages.
11)It is prohibited to utilize advertising spokespersons for recommendation or certification in advertisements of medical treatments, medicines, medical devices and health foods.
12)In addition to advertisements for medical treatments, medicines and medical devices, it is prohibited for any other advertisements to relate to the therapeutic function of diseases, and to use medical terms or terms that are likely to confuse the goods promoted with medicines or medical devices.
13 Prohibit education and training advertisements from making express or implied guaranteed promises of advancement or passing an examination, expressly or impliedly involving the relevant examining body or its staff, or examining personnel in education and training, and making use of the names or images of scientific research units, academic institutions, educational institutions, industry associations, professionals, and beneficiaries to make recommendations or certifications.
14)It is prohibited to advertise goods or services that are expected to return on investment, and contain guaranteed promises of future results, returns, or situations related to them, and expressly or implicitly guarantee capital, no risk, or guaranteed returns.
15)It is prohibited to publish advertisements for medical treatment, medicines, health food, medical devices, cosmetics, alcohol, beauty care, and online game advertisements that are not conducive to the physical and mental health of minors on mass communication media targeting minors.
16)Advertisements of goods or services for minors under the age of 14 are prohibited from containing content that persuades them to ask their parents to purchase the advertised goods or services or that may cause them to imitate unsafe behavior.
17)Managers of public ****places or telecommunication business operators or Internet information service providers shall stop any use of their premises or information transmission or distribution platforms to send or publish illegal advertisements that they know or should know about.
Big data 'security and privacy' deluge
The collision of the big data wave and new marketing technologies has given companies access to more and more specific data about their customers and their behavioral history. This information provides the technology for marketers to analyze customers and conduct more effective and personalized marketing. However, as more and more enterprises begin to enjoy the benefits of big data, they may also touch the sensitive nerves of users as well as public opinion on the protection of information security and personal privacy. Although China has not yet formulated a specific personal data protection law, but for personal data protection regulations scattered in the Constitution, the General Principles of Civil Law, Criminal Law, Tort Liability Law, Internet Information Service Management Measures, Decision on Strengthening Network Information Protection and other laws. Recently, the State Council issued the Outline of Action on Promoting the Development of Big Data, which specifically proposes to strengthen information security and improve the industrial standard system. However, it is still crucial for companies to take the initiative to strengthen the protection of consumer information security and privacy. According to Neustar, 63% of consumers would no longer trust brands that have leaked data; more than 50% of consumers still believe that a year after a data breach has had a negative impact on a brand; and 1/2 of consumers believe that security and privacy are important to brand perception.
With the trend toward data-driven marketing, how can companies ensure that they can utilize user data while avoiding risks to user privacy? Although most companies analyze customer data is not out of malice, and can even be said to allow customers to get a better experience. However, as an enterprise, it is still necessary to protect data security and user privacy into the scope of marketing management when doing big data mining, analysis and use. As for marketers, we need to have a strong awareness of consumer information security protection, and understand the user's demand points on information security, legal awareness and professional knowledge in data collection and analysis, in marketing practice, companies also need to convey to customers how they safeguard data security, reasonable and transparent use of data, and to give the user the full right to know and the right to choose on the data.
Consumer group 'class complaint and litigationgate'
Your customer base will be another source of risk you need to manage and defend against. According to the European Times, with the assistance of the Bar Association, a Paris law firm recently assembled a number of consumer lawsuits against Germany's Volkswagen Group, which is embroiled in the "dieselgate" scandal, to start the litigation process. Domestically, LeSee Mall has also been involved in consumer litigation disputes over the failure to fulfill the contract as agreed due to the "Black 919 Le Fan Festival" promotional activities. Maotai is also caught in the gold medal counterfeiting storm, lawyers enlisted consumers for group litigation ...... With the rise of consumer rights awareness, from the consumer collective contains products, services, advertising and marketing activities and other kinds of complaints litigation has become one of the biggest threats that marketers need to bravely face and properly deal with, learn how to correctly deal with the relationship between business and consumers is a must for marketers. For example, a children's food itself is a high sugar product with limited protein content, but the company advertises it as a healthy product with high protein content, so as to attract more children and parents to buy it, which may lead to complaints from consumers about "misleading customers with false advertisements". Similarly, for companies selling weight loss products, it's best to describe the effects in your marketing with detailed and objective empirical data, rather than exaggerating the effects. It's important to remember that consumers can make or break a brand. For consumer goods companies, which are more likely to be the target of consumer complaints, it is even more important to take precautions and develop solutions in advance to deal with potential class action lawsuits.