Biggest Myths in Digital Media - Mini Law Lesson

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Not everything you find on the internet is public domain, even if it's labeled as such, attorney Brian Heidelberger warns. Virgin Mobile found that out the hard way.

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Biggest Myths in Digital Media - Mini Law Lesson

  1. 1. Mini Law Lesson Biggest Myths in Digital Marketing (and how to combat them) Brian Heidelberger bheidelb@winston.com Twitter @briheidelberger Info @ www.winston.com/bheidelberger
  2. 2. IMPORTANT DISCLAIMER • I am not your attorney. • This is not legal advice. 2
  3. 3. Myth #1: Its On the Internet So We Can Use It • Internet ≠ public domain • Creative material = legally protected • Right clicking ≠ major advertising 3
  4. 4. Myth #2: We Can Just Change It 30% • Its dangerous to start with someone else’s creative work • There’s no set percentage • Have you created an entirely different aesthetic where only the idea is the same 5
  5. 5. Myth #3: We’ll Pull It If We Get Caught • Pulling = no ad to run • Pulling = new costs creative/production • Pulling = = angry boss/client • Pulling ≠ the end 6
  6. 6. Myth #4: They Do It On Saturday Night Live • TV, Movies and Books = strong First Amendment protection • Advertising = weaker First Amendment protection 7
  7. 7. Myth #5: We’re In the Clear Because We Got It Past the TV Networks, Client, Our Lawyers • Network clearance ≠ legal clearance • Client clearance ≠ Client responsbility • Lawyer clearance ≠ no risk 8
  8. 8. 9
  9. 9. Tip #1: Run it By Legal First • Avoid the embarrassment and anger caused when the idea is killed after being sold to client • Come up with a creative solve before it becomes a problem 10
  10. 10. Lawyer’s Can Help – They Aren’t Evil 11
  11. 11. Tip #2: Only the Idea Should be the Same, Not the Expression • Ideas ≠ protectable • Creative Expression = Is Protectable • Make sure the expressive elements of your execution are unique 12
  12. 12. Tip #3: Consider Ignoring the Prior Tip • Anyone can sue anyone for anything • Are they extremely litigious? • Do they have a big investment to protect • Are you/the client a “deep pockets” target? • Being “right” may come at a big cost 14
  13. 13. Tip #4: Don’t Reference Your Points of Inspiration • “Sounds like Gangham Style” • “Looks just like Justin Bieber” • “A Superman story” 15
  14. 14. Tip #5: Ask for Permission When All Else Fails • Getting permission is possible • But ….  You are on their timeline  You are on their financial budget  You are subject to their creative whims • If they say no, it gets really risky 16
  15. 15. Follow me on Twitter @BriHeidelberger 17
  16. 16. More Mini Law Lessons? YouTube.com/AdAge OR YouTube.com/BrianHeid elberger 18

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