Uncategorized
Tips for Package Designers: How to Use Copyright and Trademark Law to Control the Distribution of Goods
June 21, 2011Marketers design product packaging with an eye toward shelf appeal, user-friendliness, and connecting with their target audience. Packaging can be used, however, for more than boosting sales. If designed properly, product packaging also may contain protectable elements under copyright or trademark law that could allow a brand to exclude grey market goods or goods manufactured and first sold abroad from entering the United States.
Read More...Common Errors in Seeking Website Copyright Protection
June 9, 2011Last week, the IT BusinessEdge blog quoted me about copyright protection for websites in an article entitled “How Much Will You Do to Protect Content?” The article fleshes out some of the benefits of copyright protection, including statutory damages, attorney’s fees, but implies that the copyright protection process seem unwieldy and perhaps not worth the effort. Although I was quoted in the article, I cannot agree with its overall message. I would answer the article’s title query but saying that protecting a website is a smart business move. If the website is initiated properly, the process is painless and adds value to your brand.
Read More...Facebook’s New Promotions Guidelines: More Options for Marketers But Increased Legal Onus
June 2, 2011On May 11, 2011, Facebook released yet another version of its Promotions Guidelines. It appears that Facebook has accepted that it is not the proper arbiter of legal principles. Instead, such decisions are more appropriately made in the hands of the courts or governing authorities.
Read More...Fearless Marketing: Five Steps to Launching a Social Media Presence
May 24, 2011Last week, I spoke at the GSMI Social Media Legal Risks and Strategies Summit on “Protecting Your Brand in Social Media” and “Prize Promotions in Social Media and Mobile Marketing.” Most of the audience was feeling their way into social media and trying to get a handle on the legal issues they might confront. While many attendees seemed convinced of the power of social media, they also seemed scared by the risks. I was reminded of the words of Theodore Roosevelt: “It is hard to fail, but it is worse never to have tried to succeed.” Indeed, it is possible to chart a course in social media that affords legal protection and safeguards to a brand. Below, I outline a five step process.
Read More...Art Licensing: Key Legal Terms from the Manufacturer’s Perspective
May 17, 2011One of the biggest art licensing shows, Surtex, is happening in New York this week. Licensing Show 2011 is Las Vegas is approaching in June. Last week, I reviewed some the key provisions of an art license. This week, I examine an art license from the Licensee/Manufacturer’s perspective.
Read More...Art Licensing: Key Legal Terms from the Artist’s Perspective
May 10, 2011With Surtex coming in a week and Licensing Show 2011 approaching in June, I thought it would be appropriate to review some of the key terms of an art license. The heart of the license is the grant of rights and the compensation provisions. This week’s blog post offers advice to the Artist Licensor. Next week, I will provide examine an art license from the Licensee/Manufacturer’s perspective.
Read More...