Identify content protected by intellectual property law & right of publicity laws. Identify situations where licensing of content is necessary. Explain how licensing can protect the use of intellectual property, and why a license is needed to obtain rights to use content.
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Intellectual Property Identification
1. Intellectual Property Licensing
1. PHOTOGRAGHS OF LADY GAGA TAKEN BY AN OUTSIDE SOURCE.
What intellectual property law applies to this content?
The intellectual property law that applies to this content is COPYRIGHT. You’d also need
permission to use her image because of right of publicity law.
Would the content be original to/created by the campaign, or would you need to acquire the
content from outside sources?
Creation of this content will be by an outside source.
Would you need permission to use this content? Why or why not? If so, how would you secure
permission?
Permission for the use of this content is required. Consent in written form from the
photographer is required (Belosic, 2017.)
2. FAN-SUBMITTED QUOTES FROM SOCIAL MEDIA
What intellectual property law applies to this content?
The intellectual property law that applies to this content is COPYRIGHT. For photos, yes; quotes
and other images and information are also protected by privacy law.
Would the content be original to/created by the campaign, or would you need to acquire the
content from outside sources?
Creation of this content will be acquired by an outside source.
Would you need permission to use this content? Why or why not? If so, how would you secure
permission?
Permission for the use of this content is required. A written request must be submitted to the
owner of the content with a picture of the content to which permission of use is be requested
(Aliro Marketing, 2017). Only after signed consent is received can the content be included in
the marketing itinerary.
3. FAN-SUBMITTED PHOTOS FROM SOCIAL MEDIA
2. Intellectual Property Licensing
What intellectual property law applies to this content?
The intellectual property law that applies to this content is COPYRIGHT.
Would the content be original to/created by the campaign, or would you need to acquire the
content from outside sources?
Creation of this content will be acquired from an outside source.
Would you need permission to use this content? Why or why not? If so, how would you secure
permission?
Permission for the use of this content is required. A written request must be submitted to the
owner of the content with a picture of the content to which permission of use is be requested
(Aliro Marketing, 2017). Only after signed consent is received can the content be included in
the marketing itinerary.
4. IMAGES OF FANS
What intellectual property law applies to this content?
The intellectual property law that applies to this content is COPYRIGHT. Consider the fans’
images; see above.
Would the content be original to/created by the campaign, or would you need to acquire the
content from outside sources?
Creation of this content will be by the campaign.
Would you need permission to use this content? Why or why not? If so, how would you secure
permission?
Permission for the use of this content is required. Consent from the photographer is required
for use of the photo (Belosic, 2017).
5. IMAGES OF MUSICIANS
What intellectual property law applies to this content?
3. Intellectual Property Licensing
The intellectual property law that applies to this content is COPYRIGHT. Photographs are
protected by copyright law, but any images of a person are also protected by right of publicity,
similar to the analysis re the fan images above.
Would the content be original to/created by the campaign, or would you need to acquire the
content from outside sources?
Creation of this content will be by the campaign. How are you creating this content? Hiring a
photographer?
Would you need permission to use this content? Why or why not? If so, how would you secure
permission?
Permission for the use of this content is Consent from the photographeris required for use of
the photo (Belosic, 2017).
6. IMAGES OF LOGOS
What intellectual property law applies to this content?
The intellectual property law that applies to this content is TRADEMARK
Would the content be original to/created by the campaign, or would you need to acquire the
content from outside sources?
Creation of this content will be acquired by an outside source.
Would you need permission to use this content? Why or why not? If so, how would you secure
permission?
Permission for the use of this content is required. Consent from the owner of the trademarkis
required in written form.
7. USE OF WHITNEY HOUSTON MUSIC
What intellectual property law applies to this content?
The intellectual property law that applies to this content is COPYRIGHT.
4. Intellectual Property Licensing
Would the content be original to/created by the campaign, or would you need to acquire the
content from outside sources?
Creation of this content will be acquired from an outside source, forpurposes of the campaign.
Would you need permission to use this content? Why or why not? If so, how would you secure
permission?
Permission for the use of this content is required. A publicperformance license would need to
be obtained from the copyright holder (Butler, 2017). If appropriate a blanket license from the
associated music publishing company will also be required.
RESOURCES
Aliro Marketing Contributor. (2017.) Legally Sharing Photos On Social Media – What You Need To
Know. [Article]. Retrieved from: https://aliromarketing.com/2017/09/15/legally-sharing-
customer-photos-on-social-media-what-you-need-to-know/
Belosic, J. (2017). How to Legally Leverage User-Granted Content in Hour Marketing. [Article].
Retrieved from: https://www.socialmediaexaminer.com/user-generated-content-legally-
leverage-in-marketing/
Bultler, J. (2017). Music Licensing: The Difference Between Public Performance and
Synchronization Licenses. [Article]. Retrieved from: https://www.copyright.com/blog/music-
licensing-public-performance-license-synchronization/
Gilmore, G. (2014). Ch. 3; Copyright, Trademark and Fair Use. Social Media Law for Business: A
Practical Guide for Using Facebook, Twitter, Google+, and Blogs Without Stepping on Legal Land
Mines. [Book]. Retrieved from: https://learning.oreilly.com/library/view/social-media-
law/9780071799607/