Sharon Toerek: Why Marketers Should Care About IP
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Sharon Toerek: Why Marketers Should Care About IP

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Traklight guest, Sharon Toerek of Legal + Creative, hosts a webinar on Why Marketers Should Care About IP. Creatives at a company typically deal with more intellectual property than any other part of ...

Traklight guest, Sharon Toerek of Legal + Creative, hosts a webinar on Why Marketers Should Care About IP. Creatives at a company typically deal with more intellectual property than any other part of the company.

Sharon focuses on the most common areas of IP that effect markers. If you're creating content, copy, logos, or even on social media, this a must view. Learn about your rights as a creator and how to protect yourself from potential infringements. Can you repin on Pinterest without damages? Find out.

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    Sharon Toerek: Why Marketers Should Care About IP Sharon Toerek: Why Marketers Should Care About IP Presentation Transcript

    • January 14, 2014
    • The Legal Hot Buttons: Today’s Goals Why Marketers • Should Care • About IP Discuss common legal threads that run through client experience Focus on the value of a preventative, proactive approach • Minimize the involvement of lawyers in your lives! WEBINAR PRESENTED FOR: • Create some conversations Traklight January 2014 PRESENTED BY Sharon L. Toerek, Partner Licata & Toerek LegalandCreative.com
    • Disclaimer Technology leads… Business adapts … Law sweeps up behind.
    • A Day in the Life of a Marketing Pro… • New Product Launches • New Technology Platforms and Tools • New Content Generated • New Strategy to Implement • New Creative Treatments IT’S ALL INTELLECTUAL PROPERTY!
    • The 5 Top Marketer IP Hot Buttons 1. Protecting IP in a Business Pitch or the “Idea Phase” 2. Using a Virtual/Freelance Workforce 3. Rights to Completed Work 4. Selecting a Brand or Rebrand 5. Using IP Properly in Content Marketing and Social Media
    • IP Hot Button #1 Protecting IP in a Business Pitch or the “Idea Phase” The Business Issue: Constant tension in the pitch/ prospecting/ideation process Your best creative foot forward vs. Resources to generate work that may not lead to a formal relationship The Legal Hot Buttons: – Who owns the work if an agency or vendor doesn’t get hired by a brandholder? – What happens if the work gets implemented by someone else?
    • IP Hot Button #1 Protecting IP in a Business Pitch or “Idea Phase”: Prevention THE HARSH TRUTH: NOBODY OWNS IDEAS! Option 1: Get a confidentiality/rights ownership agreement in place pre-pitch – Make the provisions mutual Option 2: Forego the agreement and assume risk with open eyes
    • IP Hot Button #1 Protecting IP in a Business Pitch or “Idea Phase”: Prevention Alternative Prevention.… Use copyright law. - Express as much of the conceptual work in written form as possible (storyboards, memos, detailed proposals) - Put rights ownership language in all proposals - Use copyright notices on all work product (pre-engagement)
    • IP Hot Button #1 Protecting IP in a Business Pitch or “Idea Phase”: Prevention Further Consideration: Negotiate ownership in advance. – Puts everyone on same page about IP ownership – An increasing trend in industry
    • IP Hot Button #1 Protecting IP in a Business Pitch or “Idea Phase”: Reaction Determine end goal before you pursue a remedy. – Arrange a rights transfer/license arrangement (the business/commercial solution) – Pursue legal claims for: • Contract breach • IP misappropriation
    • IP Hot Button #2 Using a Virtual/Freelance Workforce The Business Issue: Balancing the workload or need for expert resources by using virtual or freelance contractors The Legal Hot Buttons: - Originality of Work - Client Confidentiality - Work Rights Ownership - Restrictive Covenants - Insurance Coverage
    • IP Hot Button #2 Using a Virtual/Freelance Workforce: Prevention PUT IT IN WRITING PUT IT IN WRITING PUT IT IN WRITING….. No handshake arrangements IP in completed work in these situations DOES NOT follow the money – it must be in writing!
    • IP Hot Button #2 Using a Virtual/Freelance Workforce: Prevention Critical Contract Provisions: – Transfer of all IP and work rights – Warranty of work originality – or a license to use or transfer the work – Confidentiality – Industry or Client Noncompetition and Non-solicitation – Errors and Omissions Insurance Coverage
    • IP Hot Button #2 Using a Virtual/Freelance Workforce: Reaction – Get a post-engagement work rights assignment/transfer between parties – Enforce your contract if it’s breached – Make a claim on the errors and omissions insurance policy if appropriate coverage exists
    • IP Hot Button #3 The Rights to Completed Work: The Business Issue: Agency: “What issue? We’re fine with our clients owning the work!” Client/Marketer: “What issue? Of course we own the work! We paid for it!” The Legal Hot Buttons: – IP Ownership Does NOT follow the $ – A Payment problem or dispute – Nothing in writing
    • IP Hot Button #3 The Rights to Completed Work: Prevention – Acquire rights to all 3rd party-produced work in writing • Create an internal process to manage rights to all work in a project • Don’t forget about ALL outside vendors and partners used (photography, music, software programs, mobile apps) – Include rights transfer language in client –agency/vendor contracts • Trigger rights transfer to client on payment • If you aren’t transferring ALL the rights, say so specifically
    • IP Hot Button #3 The Rights to Completed Work: Reaction – Get a post-completion assignment of rights from freelancers or third-party vendors – In payment disputes between agency and client, intellectual property ownership can be a lever to help resolve the matter – Negotiate broader license if the client’s desired use of work expands post-engagement
    • IP Hot Button #4 Brand Selection or Implementation The Business Issue: Traveling too far down the path of brand selection or implementation before learning a mark is not available or will not “clear.” – Brand mark availability – Appropriate clearance of mark Domain name availability and/or clean Google® results Are NOT Trademark Clearance!
    • IP Hot Button #4 Brand Selection or Implementation: Prevention Begin the trademark search/clearance process as early as possible • Consider screening several alternatives simultaneously to save time Start the trademark registration process immediately after selection/clearance • Intent-to-use registration process allows you to apply while you’re implementing the mark
    • IP Hot Button #4 Brand Selection or Implementation: Prevention Steer away from the following: – Marks that are very descriptive/generic – Marks that are likely to cause confusion with others in your industry or market
    • IP Hot Button #4 Brand Selection or Implementation: Reaction If a brand trademark does not clear (after adoption): – distinguish it (by industry/product/service) – modify it with graphics or language – acquire it
    • IP Hot Button #5 Using IP Properly in Content Marketing and Social Media The Business Issue: Content Marketing and Social are attractive, but quick-moving and viral tactics. IP missteps are harder to fix. The Legal Hot Buttons: The following scenarios create IP legal implications (for client and agency): - Using freelance-created content - Repurposing content of others - Posting proprietary information in content or on social channels - Improper TM use (yours or theirs)
    • IP Hot Button #5 Using IP Properly in Content Marketing and Social Media: Prevention – Get permission when posting the content of any party who isn’t your employee on your platforms - Make proper attribution when posting content /IP of others (CR and TM Notices) – Follow proper brand standards and usage requirements for trademarks – Don’t use competitor brands in your marketing unless you are following the laws on comparative advertising
    • IP Hot Button #5 Using IP Properly in Content Marketing and Social Media: Reaction Correct violations as soon as you learn about them: - Take down objectionable content - Cease competitive ads if they are not compliant with law - Get a license or written permission, post fact, to use the IP - Do not disclose sensitive or proprietary business information via social channels or published content
    • Recent Legal Developments/ Trends New Top Level Domains – Trademark implications for brandholders: - Tons more real estate to monitor and protect on Internet – Trademark lawyers are hoping ICANN cautious about releasing new TLDs too quickly
    • Recent Legal Developments/ Trends Pinterest® & Copyright Infringement – Every “repin” is a potential copyright infringement • Jury out on whether image owners care in many cases – Stakes higher in a commercial context • Where you disrupt commercial market for an image – Don’t “repin” in a commercial context without permission
    • Recent Legal Developments/ Trends Ownership of “Social Contact” Data Who owns: – Twitter handles that include brand names – Twitter followers, LinkedIn links or Facebook fans
    • IP Hot Buttons for Marketers: Questions? Thank You!!!!!! Reach me at: E-mail: Sharon@legalandcreative.com Phone: 216.573.6000 Twitter: @SharonToerek LinkedIn: http://www.linkedin.com/in/sharontoerek Blog: www.LegalandCreative.com
    • blog.traklight.com
    • The ID your IP tool, can identify your potential IP including patents, trademarks, copyrights, and trade secrets, as well as get strategic advice on how to protect your intellectual property. 1. Go to Traklight.com 2. Click on the ID your IP button 3. Use Promo Code WEBINAR13 at checkout