The Can-Spam Act
The Can-Spam Act, which was passed in 2003, is a law that aims to protect consumers from receiving unwanted emails while allowing legitimate businesses to communicate with their customers. This legislation requires that commercial emails include a subject line that identifies the content as an advertisement or solicitation, the sender’s valid physical address, and an opt-out option for the recipient.
Fair Use Law
Similarly, Fair Use Law is a doctrine that permits limited use of copyrighted material without the copyright holder’s permission (Gutierrez et al., 2019). This law dictates that four factors must be taken into consideration to determine if the use of the material is fair:
- The purpose and character of the use.
- The nature of the copyrighted work.
- The amount and substantiality of the portion used.
- The effect of the use on the potential market for the copyrighted work.
Copyright Law Basics
Copyright law is a set of regulations that protect the rights of creators and owners of original works, granting them the exclusive right to reproduce, produce, perform, and distribute their works. This includes the right to control the display, performance, and digital diffusion of their creations. On the other hand, the law also acts as a deterrent against unauthorized use of the work, such as reproducing, distributing, or creating derivative works without the copyright holder’s consent (Gutierrez et al., 2019). Companies must obtain permission from the copyright holder before using any images, likenesses, music, or audio files in their marketing campaigns. This permission should be documented in writing.
Compliance with COPPA
The Children’s Online Privacy Protection Act (COPPA) requires websites to obtain permission from parents before collecting personal information from children under thirteen and provide them with comprehensive details of their data practices. Companies should ensure their websites follow COPPA regulations by furnishing parents with explicit information on their data collection practices and getting consent before gathering any personal information from children.
Summary
To ensure compliance with all of the aforementioned areas, it is essential to regularly review and update policies in accordance with the various laws. Organizations must stay current with any shifts in the law and adjust their policies in response. Furthermore, they should ensure that any copyrighted material utilized in their promotional efforts has the appropriate license from the copyright owners. Moreover, parental approval must be obtained when collecting personal details from minors.
Reference
Gutierrez, A., Dey, B., Slade, E. L., Sahu, G. P., Kizgin, H., Singh, N., Rana, N. P., & Dwivedi, Y. K. (2019). Digital and social media marketing: Emerging applications and theoretical development. Springer International Publishing.