Social Media Law in 2013: Even Bigger!

December 24, 2012 by Sean Gardner

Photo Courtesy of Woodspin

I love social media law, so I made a point of following the high-profile, Twitter-related legal disputes of both 2011 and 2012. I recall the headlines about the Twitter defamation case involving singer Courtney Love, which was groundbreaking. Before that, many thought that you could tweet anything without serious repercussions. Though this point of view was promoted in several quarters, it didn't take long for the reality to sink in: you can't! Even innocent tweets, as lawyer Kerry Gorgone wrote recently, can sometimes have far-reaching consequences.

Other rulings have been equally thought-provoking: (1) Judge Liam O'Grady's 60 page opinion allowing the Department of Justice access to Wikileaks-related Twitter accounts and the emails and info associated with them, (2) The United States v William Lawrence Cassidy, which involved a man (Cassidy) who used twitter to send thousands of vulgar messages to a female Buddhist leader, and, (3) the decision forcing Twitter to hand over info about Malcolm Harris, an Occupy Wall Street protester.

And yet…I didn't find them nearly as fascinating as Phone Dog v Noah Kravitz, which dealt with intellectual property. It produced a very interesting question: what is the monetary value of a Twitter follower? $50.00? $10.00? This is a great topic right? Yes it is. But because the case was settled out of court for an unspecified amount, that question remains open. The case also underscores the importance of written agreements that spell out who owns a business' social media accounts.

2012 saw a huge jump in lawsuits, and I expect that to continue in 2013. And look for social media evidence to be used a lot more. I remember a criminal conviction being reversed in 2011's Antoine Levar Griffin v State of Maryland, which had a MySpace post as one of the key pieces of evidence. Attorneys increasingly see a huge benefit to sifting through social networks for anything relevant to their clients.

I highly recommend The Guardian's piece on the ten types of legal risks that apply, or potentially apply, to Twitter. A very insightful and informative post that's guaranteed to inspire a higher level of curiosity. To be clear, social media law goes far, far beyond the boundaries of one or two social networks. A simple online search will bring up cases and/or concerns regarding all types of companies and scenarios. So get ready. 2013 should be another great year in this rapidly emerging field.

The Heart of a Twitter Artist

August 24, 2011 by Sean Gardner

This is cross-posted in the Huffington Post Culture Section.

Art has always been an important part of civilization. It provides a road map of where we have been, shows us who we are, and gives us an idea of what’s possible. Stylistically and substantively, social media is increasingly playing a part in the work of some 21^st century artists like Gaby Zwaan.

Originally from The Netherlands, Zwaan made a huge splash at this year’s 140 Conference, which is long respected as a winning platform for both emerging talent and dynamic personalities. And he clearly made the most of his appearance. Dressed in a cool suit and sneakers, his energetic presentation and Twitter-themed art made him an instant audience favorite.

Zwaan’s work is masterful, thought-provoking, visually-stunning, and brilliantly expressive. I’m sure this is what the Tour de France organization saw when they approached him in 2010 for a project. As an arts geek, I can tell you that there are probably 140 reasons to love and appreciate the work of Gaby Zwaan. Maybe even 141. Either way, his star is on the rise.

You were the big draw at Jeff Pulver’s huge 140 Conference back in June. Everyone loved your art. What has the experience been for you since then?

I really liked being at the #140conf. It was interesting and a great way for me to show myself. Speaking on stage with Jeffrey Hayzlett was really great and painting two twitter-inspired pieces the next day topped it off. But what was the icing on the cake was the love of all the people that where there and came to talk to me. I always love it when people tell me what my work makes them feel like or what it reminds them off. After the 140 conference, I was also in New York for a meeting with a gallery. They loved my work and in early October, I will be showing in New York City. A dream come true! I also signed on with an agency that will represent me in the USA.Once home I started painting for my NYC show and got all 14 pieces done.

I can tell you love Twitter from some of your artwork. How does the site’s 140 character platform appeal to you?

Yes I do like twitter. I see it as a way to show people what I’m doing, and more important, what I’m all about. When Van Gogh, another famous Dutch painter had something to share he always wrote letters to his brother. I was in the Van Gogh museum in Amsterdam and I saw some of those letters on the walls there. I have a vision that one day my tweets will be on a wall in a museum. I see twitter as part of my DNA. It is just as important to me as the paint I use. Could not do what I do without both.

One of Zwaan’s Twitter-inspired paintings.

Courtesy of Gaby Zwaan.

How important do you think art has been to civilization?

When I check the news every day I almost have to think there is no civilization anymore. So I hope art was not important to getting us into this mess. What I do think is that all forms of art will bring us some positive light that will get us through this mess and hopefully back to a bit more civilized world. And I can only hope that at least one person that looks at my work and has a better day then he/she would have had if my art was not there.

Who are some of the artist who have influenced, inspired, and/or shaped your artistic vision?

I have to say none actually. I only started painting in the summer of 2007 and before that I thought art was uninteresting. I never went to a museum. Well, once but that was to impress a girl (laughs). I knew some painters, mostly the Dutch masters but that was about it. Once I started painting I started to get interested in art. Somehow people always want to compare your work/style to other artists and I’ve been compared to many many but different ones all the time.

What influenced me is the way street artists think and the way they act. I like that and I think that it helped me to do just what I feel like doing. I like doing stuff with balls and that is what street artist do too. I like to take on the impossible, like showing in a amazing gallery in New York. That’s something I just went for even though some people said it was not going to happen at this point in my career. When people tell me I will not get there, it inspires me the most. I’m like an athlete, I want to win. And then once I cross the finish line, I put the bar higher again. I thrive on challenges.

For more info on Gaby Zwaan and his amazing, eclectic work, follow him on his Twitter feed and check out his personal site.

Happy Birthday Twitter

March 19, 2010 by Sean Gardner

This has to be the sweetest of times for Twitter co-founders Evan Williams, Biz Stone and Jack Dorsey. Sunday March 21st marks the fourth anniversary of their social networking, information service that has taken the world by storm. They continue to add features that enhance the experience, and they’re quite confident about Twitter’s lasting impact.

I am too.

Indeed, there isn’t a day where Twitter isn’t apart of the international conversation. I stumbled onto Twitter through another site back in January 2009. My main motivation for joining was to promote my then-newly created blog, and, to connect with truly substantive people moving the world forward. Twitter, like no other site, has helped me to achieve this in ways I never dreamed of. From the shores of Daytona Beach to the skyscrapers of Dubai, I’ve connected with mentors, industry leaders, motivational speakers, business visionaries, dream merchants, wordsmiths, & serious go-getters.

Though I’ve only been on Twitter for the better part of one year, I’ll be celebrating its birthday as well. Jack Dorsey’s revelatory quote – “One could change the world with one hundred and forty characters” – has been proven right many times over. Twitter has been a bridge to amazing cultures, a platform for innovation, and an empowering vision of what it means to be a global citizen.