Negotiation – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Please Stop Posting the Facebook Copyright Status https://legacy.lawstreetmedia.com/blogs/technology-blog/please-stop-posting-facebook-copyright-status/ https://legacy.lawstreetmedia.com/blogs/technology-blog/please-stop-posting-facebook-copyright-status/#respond Thu, 04 Dec 2014 12:30:04 +0000 http://lawstreetmedia.wpengine.com/?p=29596

You know that Facebook copyright declaration you just posted? It's useless. Do us all a favor and stop posting it.

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Image courtesy of [Sebastien Wiertz via Flickr]

Every now and then Facebook updates its policies. And immediately after that, I notice a series of statuses from my “friends” on Facebook. It’s a sort of notice alerting readers to the fact that the poster believes they have copyright over their own content. I’ve seen a few versions, but the average Facebook copyright status pretty much goes as follows:

Today, November 30, 2014 in response to the Facebook guidelines and under articles L.111, 112 and 113 of the code of intellectual property, I declare that my rights are attached to all my personal data, drawings, paintings, photos, texts etc… published on my profile. For commercial use of the foregoing my written consent is required at all times. Those reading this text can copy it and paste it on their Facebook wall. This will allow them to place themselves under the protection of copyright.

By this release, I tell Facebook that it is strictly forbidden to disclose, copy, distribute, broadcast, or to take any other action against me on the basis of this profile and/or its contents. The actions mentioned above apply equally to employees, students, agents and/or other staff under the direction of Facebook. The contents of my profile includes private information. The violation of my privacy is punished by the law (UCC 1 1-308 – 308 1 – 103 and the Rome Statute). Facebook is now an open capital entity. All members are invited to post a notice of this kind, or if you prefer, you can copy and paste this version. If you have not published this statement at least once, you will tacitly allow the use of elements such as your photos as well as the information contained in your profile.

There are sometimes slight variations in wording, but that’s pretty much what these statuses look like every time. I’ve seen so many in my news feed over the last week that I thought it was time for an important PSA. This status means nothing.

Seriously, it’s the equivalent of typing gibberish into your status. First of all, when you sign up for a website like Facebook, you have to agree to all sorts of terms of use. I know most of us click through those kinds of things without thinking–and understandably so. If we actually read the policies of everything we encountered on the internet in a year, it would take the average American 76 work days. Seventy-six probably very boring work days.

So obviously, most of us don’t read the terms and conditions and privacy policies, and that’s fine. But they do still exist, and they serve to protect both the company–in this case Facebook–as well as the users who implicitly agree to them when they create an account.

Essentially what the BS status says is that even though you post things on Facebook, you still own any intellectual property you post. For example, the copyright to a picture. That’s how the law currently works; however, because you are a member of Facebook.com you agree that Facebook can use your content. As Facebook’s legal terms read:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License).

Lots of legal mumbo-jumbo, I know–but here’s what that means. All sorts of different licenses exist on the internet with regard to content that you can use. Here at Law Street, for example, we need to make sure that images you see at the top of our posts are able to be used–we don’t go out and take pictures ourselves most of the time, same as other news organizations. So we use photo-sharing sites like Flickr to find a picture with a license that allows us to use it, as long as we credit the creator. Essentially what Facebook is saying is that all of the content you post can be used by them because they now have a license that allows it. In order to sign up for Facebook, you agree to this. That’s a concession you make to use their product.

So, essentially the status means nothing because both laws and the policies created by Facebook already spell out what can and cannot be done with your photos. Let’s move on to address the fact that what the status does is try to retroactively amend a contract without negotiating. Think of it this way: imagine that you move into a new apartment and sign a lease with your landlord. The lease includes a provision that allows your landlord to show your apartment to prospective new tenants. But after signing that contract, you put up a sign on your door saying your landlord can’t do that. Such an action would absolutely not stand up in court–and that’s pretty much what this Facebook status is.

Listen, I get it. We don’t want anyone else to have ownership or the ability to use our pictures. But that’s how Facebook’s policies are written, and we have agreed to them by creating Facebook accounts. So please, stop posting the status. It really doesn’t do anything, I promise.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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The Art of Negotiating Law School Scholarships https://legacy.lawstreetmedia.com/blogs/education-blog/the-art-of-negotiating-law-school-scholarships/ https://legacy.lawstreetmedia.com/blogs/education-blog/the-art-of-negotiating-law-school-scholarships/#comments Mon, 21 Apr 2014 14:17:04 +0000 http://lawstreetmedia.wpengine.com/?p=14628

What do income tax, credit card fees, salaries, and cars have in common? They’re all negotiable, of course. As a quick Google search will show you, there are lists on top of lists of things that can and should be negotiated – because who doesn’t like to haggle? Whether it’s furniture, jewelry, bulk purchases,  phone, TV, […]

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What do income tax, credit card fees, salaries, and cars have in common?

They’re all negotiable, of course.

As a quick Google search will show you, there are lists on top of lists of things that can and should be negotiated – because who doesn’t like to haggle? Whether it’s furniture, jewelry, bulk purchases,  phone, TV, or Internet service, it’s clear that a “nothing is set in stone” mindset is applicable to, well, pretty much anything.

And anything, believe it or not, includes law school scholarships. While it’s no secret that law school is expensive, the fact that scholarships are negotiable doesn’t seem to be on most people’s radar.

Tuition may have been set in stone in years past, but over the last five years, law schools have become more open to haggling over money. That’s not to say students have never tried to negotiate price tags with law schools. Rather, it seems law schools are simply listening to student pleas now more than ever. Why you might ask? After the recession of 2009-2010, law school application rates have fallen, as many would-be law students have decided to opt out of a legal education due to hiring cutbacks.

Many law schools have resorted to new methods in an attempt to attract students and fill seats. Negotiating scholarships, along with tuition adjustments and accepting applications long after the official deadline, is one such tactic.

So, you were accepted into law school and received scholarship money. Congrats. But what’s next?

Scholarship negotiation is relatively simple. While it may be annoying to draft and send out all the emails, the juice is worth the squeeze, as they say. It’s best to wait until you’ve heard back from all the schools you’ve applied to – or at least all the ones you’re seriously considering – before starting the process. Once you’ve secured at least one scholarship, make a list of other schools you’ve been admitted to that are comparable in ranking and region. It’s important to be realistic – leveraging a top-tier school with a scholarship offer from a bottom-tier school probably won’t work. If the schools are in the same league though, you have a much better chance of success.

Now that you have your list of schools you’d like to haggle with, start drafting emails. Don’t rule out schools that haven’t offered you any money. This process can be effective in increasing scholarship offers as well as generating them. Although it’s not essential, it helps to make a phone call to the admissions office before sending out any emails. That way, the office will be at least familiar with who you are and your situation. Typically, the admissions staffer you speak to will not only tell you who to email, but will also provide some guidance regarding what exactly to say.

Once your foot is in the door with the admissions office, send out your emails. There are some good  templates and sample letters available, but the general idea is to be confident and assertive, all while remaining professional and polite. While LawSchoolAdvice will provide you with some very detailed instructions, here are the fundamentals of a solid negotiation email:


Dear Admissions Office (emailing a specific person is preferable),

Tell them you are an admitted student and give some basic information about yourself (Name, year in school, college you currently attend…). Say how thrilled you are to have been accepted and that this school is your first choice, even if that’s not entirely true. Tell them why you are writing – either to be considered for a scholarship or to have an existing scholarship offer increased.

List other scholarship offers you’ve received, if any. Also list the names of comparable schools you’ve been admitted to, even if no money has come your way yet. Some schools will ask that you send them your other scholarship offers as email attachments.

Write a little blurb about why this school is the right fit for you – whether it’s location, prestige, or job opportunities. Be careful here, you don’t want too much fluff – make your point and move on. Finish this section by giving the admissions committee a candid look at your decision making process. With law school as expensive as it is, you cannot simply ignore other offers from peer schools – even if this particular school is your top choice. 

Conclude by making it clear that finances are the only factor preventing you from accepting their offer of admission. Ultimately, you need to choose a school that makes sense not only personally but financially as well. 

Thank the admissions committee for their time and consideration.

Sincerely,

Prospective Law Student


You should hear back in a week or so from someone at the admissions office. Most likely they won’t offer you money right away – they’ll probably tell you that your application is being considered and that the review process is underway. Sure, some schools will flat out shut you down, but most will, at the very least, make a note on your application – and that can be the difference between being passed over and being awarded money.

Once you’ve sent your initial email and started a dialogue with the admissions office, sit back and wait. If you receive any subsequent scholarship offers, it’s worth it to let schools know. If it’s getting close to the day your deposit is due, send one last email – regardless of whether or not you’ve heard back – inquiring if what you’ve been awarded is the school’s final offer.

In the end, there’s no guarantee that negotiating scholarships will work for you, even if it has worked for other students in the past. But given the relative ease of the negotiating process, there’s really no downside to trying. After all, who wouldn’t want free money?

Matt DiCenso  (@mdicenso24)

Featured image courtesy of [2bgr8 via Wikimedia]

Matt DiCenso
Matt DiCenso is a graduate of The George Washington University. Contact Matt at staff@LawStreetMedia.com.

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