desktopmediamarketing technology training program

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The DesktopMedia Marketing Technology Training Program is a certificate program

developed, and administered by DesktopMedia Consutling Corporation, ©DesktopMedia 2008.

All Rights Reserved.

The DesktopMedia logo incorporates icons distributed under the Creative Commons

Attribution License 2.5 by the following artists: Nishan Sothy of MyStockIcons and Aravind Ajith

of the Design SuperHero!

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Strategy: Task 1Consensual Marketing,

Responsibility and Ethics

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General Discussion:

grow revenueretain customers

reduce costs

what’s facing your business?

desktopmediaModerated Exercise:

Can you...

Communicate your company’s mission statement?Describe the organization’s marketing goals?

List Current Marketing Technologies in use?List Competitor’s Technology in use?

Describe your company’s data collection?Diagram the current structure of marketing?

the brand gap exerciserelated works:

“The Brand Gap,” by Marty Neumeier, ©2003

desktopmediaThe Concept of Opt-in

Consensual Marketing Model developing a relationship

Components include:permission❏

preferred channel❏frequency ❏

accurate data ❏relevant or targeted content ❏

related works:Seth Godin

Ernan Roman1to1media.com

desktopmediaPermission

or may I speak with you about our product or services?

According to wikipedia, permission-based marketing is a term used in e-marketing. Marketers will ask permission before they send

advertisements to prospective customers. It is used by some Internet marketers, email marketers, and telephone marketers. It requires that

people first “opt-in”, rather than allowing people to “opt-out” only after the advertisements have been sent. The term was coined by Seth Godin

in his book of the same name.

Marketers feel that this is a more efficient use of their resources because advertisements are not sent to people that are not interested in the

product. This is one technique used by marketers that have a personal marketing orientation. They feel that marketing should be done on a one-

to-one basis rather than using broad aggregated concepts like market segment or target market.

fastest growing stat? opt-out

desktopmediaPreferred Channel

this should be within data collection, if not, begin asking

@ the point of data acquisition (like a website form)❏

point of purchase ❏or at your annual customer service checkup❏

thru online self-managed profiles❏or a specific data directed campaign❏

sample direct (push) contact:email

direct mailsms

*note: requires accurate data

sample indirect (pull) contact:website

rss strategycustomer service (social network) community

company or departmental blogtwitter

*note: requires driving/viral strategies

desktopmediaFrequency

permission to spam?controlled choices

know your demographicsoffer a comfortable pace

follow thru

Targetedperhaps you offer many products or services

make sure the content is relevant to the demographicand/or

let them choose what they want to receiveconditional rules can be set in CRM

desktopmediaWhat is your responsibility?

Best Practices and The Law

•self-regulationDO NOT MAIL

managed by the DMAregularly checked either by you or your sevice provider

MOBILE MARkETING all mobile marketing is double-opt-in

•federal/state regulationDO NOT CALL

LAN/MobileFederal List

current statsState Lists

CAN-SPAMthe basics

(including commercial email to a mobile device see FCC 04-194)who is exempt?

DO NOT FAxstate regulated

desktopmediaBeyond Permission and the Law

what is your responsibility as an ethical marketer

Ethicsaccording to dictionary.com

1. (used with a singular or plural verb) a system of moral principles: the ethics of a culture.

preferred when applied to a discipline

2. the rules of conduct recognized in respect to a particular class of human actions or a particular group, culture, etc.

related resourcesAMA Statement of Ethics

WOMMA Ethics Code of Cnduct

desktopmediaMarketing, including New Media

Intellectual Property (from the viewpoint of the digital native) ❏

Copyright (from the viewpoint of the law) ❏

Fair Use (from the viewpoint of education) ❏

Creative Commons (the opensource community) ❏

Content Providers (what is their responsibility) ❏

Email (common sense, responsibility & the law) ❏

Social networks (who owns what) ❏

Privacy & Security Policies (regarding data and content) ❏

Journalism, Blogging, & the Editorial Process (is it all that different?) ❏

Industry specific considerations (HIPAA, 508 compliance, etc.) ❏

desktopmediaOwnership (from the viewpoint of the digital native)

according to Wikinomics, the native feels entitled to their tools as much

a part of their lives as breathing -- if they want to take their iPhone apart

and put it back together again, so be it.

according to pew internet they distribute content

(images, journal entries, blogs, videos, etc.) freely and without restriction

shape corporate policy to mentor them and protect intellectual property

and communicate “norms” of expected behavior

related resources“wikinomics” by Don Tapscott and Anthony D. Williams, ©2006

ama’s code of ethicswomma ethics code of conduct

desktopmediaCopyright (from the viewpoint of the law)

What Is Copyright? Copyright is a form of protection provided by the laws of the United States

(title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works.

Who Can Claim Copyright?Copyright protection subsists from the time the work is created in fixed form. The copyright in

the work of authorship immediately becomes the property of the author who createdthe work. Only the author or those deriving their rights through the author can rightfully

claim copyright. In the case of works made for hire, the employer and not the employee is considered to be the author.

related resourcesUS Copyright Office

desktopmediaFair Use (from the viewpoint of education)

According to Wikipedia: Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use

for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.

Copyright Act of 1976, 17 U.S.C. § 107, reprinted here:“Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by

any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular

case is a fair use the factors to be considered shall include:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2. the nature of the copyrighted work; 3. the amount and substantiality of the portion used in relation to the copyrighted work as a

whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”

desktopmediaCreative Commons Licensing

There are 4 major permissions that are contained in Creative Commons licenses:

* Attribution (by) requires users to attribute a work’s original author. All Creative Commons

licenses contain this option, but some now-deprecated licenses did not contain this

component.

* Authors can either not restrict modification, or use Share-alike (sa), which is a copyleft

requirement that requires that any derived works be licensed under the same license, or No

derivatives (nd), which requires that the work not be modified.

* Non-commercial (nc) requires that the work not be used for commercial purposes.

As of the current versions, all Creative Commons licenses allow the “core right” to redistribute

a work for non-commercial purposes without modification. The Non-commercial and No

derivatives options will make a work non-free.

related works:creativecommons.org

see opensource.org

desktopmediaContent Providers (what is their responsibility)

Moderated Exercise: define content provider

navigate to examples

3 forms of unlawful content: copyright infringement, defamation, and privacy violation

US government does not advocate regulating Internet content itself, only for the sake of preventing fraud do they consider government intervention

appropriate. This does not necessarily apply to other countries.

related resources The Digital Mellennium Copyright Act

The Communications Decency Act

desktopmediaEmail (common sense, responsibility & the law)

2 ruling entities1) Federal

can spam compliance

2) ISP’swhat they look for

opt-out (compliant)opt-in or double-opt-in (confirmation) – preferred

related resourcesFTC.gov

desktopmediaSocial networks (who owns what)

net neutrality, free speech, jurisdiction

the site itself is not liabledo you own it? did you post it?

the posted Facebook policy

areas of consideration:privacy

identity theftpotential use in litigation

defamationintellectual property

cyber bullying

related resurces:Facebook Principles

Social Media 2.0 Best Practices

desktopmediaPrivacy & Security Policies (regarding data and content)

“I certify that I have the right to distribute this picture and that it does not violate the Terms of Use.”

Privacy, Terms of Use Website declarations

Visitor PolicyAggregated stats and personally identifiable information

Children’s PrivacyAdvertising Tracking and Targeting

WarrantiesExternal links

Industry/state lawCookiesLiability

Use

desktopmediaJournalism, Blogging, & the Editorial Process (is it all that different?)

is there a different set of rules? depends on why you’re bloggingsubject matter expertise• pr• news source•

when in doubt, follow responsible journalism best practices including attribution, credible sources and avoidance of plagerism

blogging code of ethics:We like Charlene Li’s blogger code of ethics

Sample Corporate Blogging policy

Make it clear that the views expressed in the blog are yours alone and do not 1. necessarily represent the views of your employer.

Respect the company’s confidentiality and proprietary information.2.

Ask your manager if you have any questions about what is appropriate to include 3. in your blog.

Be respectful to the company, employees, customers, partners, and competitors.4.

Understand when the company asks that topics not be discussed for confidentiality 5. or legal compliance reasons.

Ensure that your blogging activity does not interfere with your work commitments. 6.

desktopmediaIndustry specific considerations (HIPAA, 508 compliance, etc.)

healthcare, hipaa and disclosuresummary: healthcare entities can not post but patients who choose to

reveal personal information or health issues can.see Facebook & Google

summary of 508In 1998, Congress amended the Rehabilitation Act to require Federal

agencies to make their electronic and information technology accessible to people with disabilities. Inaccessible technology interferes with an

individual’s ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology,

to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these

goals.

related resourcesHealth Insurance Portability and Accountability Act

Section 508