Intellectual Property Licensing Examples
- 1. Intellectual Property Licensing Yourcompany, FS Media & Marketing (FSMM), has been hired to create a marketing campaign for a concert benefiting Orlando City Foundation, to be held at Exploria Stadium at halftime of the opening game for the next Orlando Pride soccer season. In this campaign, FSMM is responsible for social media campaigns on various platforms, an advertising campaign (including broadcast, radio and print media), creating collateral and a website, coordinating fan interaction and involvement, and creating a musical theme for the concert. In your marketing materials, you will be primarily highlighting Alex Morgan, as a spokesperson for Orlando Pride, and Lady Gaga, who will headline the concert. You will need photographs of everyone, from a source outside your agency. Alex Morgan is a huge fan of Whitney Houston and wants Lady Gaga to cover several of the musician’s songs during her concert. Also, as a primary sponsor for Orlando Pride, Orlando Health will be featured prominently in the campaign. Your social media campaign will include fan-submitted photos and quotes, which will be used during the game, concert and around the arena. Your website will allow user posted content for various aspects of the campaign. During the event itself, you will obtain live broadcast coverage of the event, as well as media and photography coverage, which will include images of the fans, players, musicians and logos around the stadium. 1. A WEBSITE What intellectual property law applies to this content? -Copyright Would the content be original to/created by the campaign, or would you need to acquire the content from outside sources? -For this campaign your website allows for user posted content. You would need to outsource this content because it would be from users that are not within your company. Would you need permission to use this content? Why or why not? If so, how would you secure permission? -It does not seem like the users are submitting this on their own so in this case you would need their permission to use their content on your website. It is safe practice to ask for permission ahead of time to protect the company from future lawsuits. 2. CREATING A MUSICAL THEME FOR A CONCERT What intellectual property law applies to this content? -Copyright and trademark -I believe you would need a trademark because Lady Gaga and Whitney Houston are big names and I am sure people recognize their logo, name, and/or font. Would the content be original to/created by the campaign, or would you need to acquire the content from outside sources? -The odds of a company having the ability to create a musical theme for a campaign is slim so they would most likely need to get it from an outside source. If they want Lady Gaga to be apart of this song they would need a good song to be made so it is best to get a professional.
- 2. Intellectual Property Licensing Wouldyou need permission to use this content? Why or why not? If so, how would you secure permission? -You would need permission to use this content. Ideally if you are outsourcing, you would have a contract and/or agreement with the creator stating that the company then gets the rights to that musical theme. The company would get the rights because it is made for your campaign, and you are paying for the product to be made. 3. A SOCIAL MEDIA CAMPAIGN What intellectual property law applies to this content? -Copyright and trademark -I believe this could be a trademark because the company could have a social media campaign that the public recognizes as the company. Would the content be original to/created by the campaign, or would you need to acquire the content from outside sources? -For the social media campaign, you will need to outsource because it needs to be fan submitted photos. Would you need permission to use this content? Why or why not? If so, how would you secure permission? -You would not need permission for the fan submitted photos because they are submitting them on their own so that is automatically giving you permission to use them. 4. AN ADVERTISING CAMPAIGN What intellectual property law applies to this content? -Copyright Would the content be original to/created by the campaign, or would you need to acquire the content from outside sources? -You would need to outsource for this because they want live video, radio AND print media. There is a slim chance that the company has the ability to do all three of those within the company. Would you need permission to use this content? Why or why not? If so, how would you secure permission? -You would need to ask the radio station to publicize your event, you would need to ask the company that does your print media to use their content, you would need to ask the company that does the live video to use their work and you would need to ask everyone in the video for permission to use their face/identity in the video. If you are working with companies to produce content, you are most likely paying to use and keep the things you are paying for. Technically I guess you don’t need permission because you are already getting permission through your contract. People have a right to privacy so that is why you need to ask everyone for permission to use their face in a live video.
- 3. Intellectual Property Licensing 5.PHOTOGRAPHY COVERAGE What intellectual property law applies to this content? -Copyright and trademark -You would need a trademark for when the photographer takes photos of logos because those logos belong to other companies. Would the content be original to/created by the campaign, or would you need to acquire the content from outside sources? -This content would technically be original to the photographer but not to the company. The company would be outsourcing to the photographer. Would you need permission to use this content? Why or why not? If so, how would you secure permission? -You would not only need permission from the photographer to use their work but also from every single person there. It would probably best to get everyone to sign a form stating that they are okay having photos taken and published of them. Everyone has a right to not have their face plastered on things, especially if it is a big event. You would need permission to put peoples faces on the event/campaign and you would need permission from the photographer to use their photos. If the photographer is working for you and the event, odds are that they have already given you permission. 6. COORDINATING FAN INTERACTION What intellectual property law applies to this content? -Copyright Would the content be original to/created by the campaign, or would you need to acquire the content from outside sources? -If you needed content from fans then you would need to outsource to fans. Would you need permission to use this content? Why or why not? If so, how would you secure permission? - If it is fan content you would need permission because that content was created by someone else and does not belong to you. 7. COORDINATING FAN INVOLVEMENT What intellectual property law applies to this content? -Copyright Would the content be original to/created by the campaign, or would you need to acquire the content from outside sources? -If you need content from fans then you would need to outsource to your fans.
- 4. Intellectual Property Licensing Wouldyou need permission to use this content? Why or why not? If so, how would you secure permission? -If you are using fan content then you need permission from each fan to use their content. Their content was made by them so they automatically have a copyright on it. If you use it without permission you could have legal action brought upon you.
- 5. Intellectual Property Licensing Resources: Copyright.gov.(n.d.). What Does Copyright Protect? (FAQ) | U.S. Copyright Office. Www.copyright.gov. Retrieved September 11, 2023, from https://www.copyright.gov/help/faq/faq- protect.html#:~:text=Copyright%2C%20a%20form%20of%20intellectual Georgetown Law. (n.d.). Intellectual Property Law. Www.law.georgetown.edu. Retrieved September 11, 2023, from https://www.law.georgetown.edu/your-life-career/career- exploration-professional-development/for-jd-students/explore-legal-careers/practice- areas/intellectual-property- law/#:~:text=Intellectual%20Property%20law%20deals%20with Hue, J. (2022, November 28). Intellectual Property In Web Development. Zegal. https://zegal.com/blog/post/intellectual-property-in-web- development/#:~:text=have%20economic%20worth.- Miller, S. (n.d.). Research Guides: Advertising and Public Relations: Intellectual Property. Hpu.libguides.com. Retrieved September 11, 2023, from https://hpu.libguides.com/advertising/ip#:~:text=Copyright%20law%20protects%20adver tising%20material Natalie Elizaroff. (2022, November 11). The Fine Line between Fan Art, Fan Fiction, and Finding Yourself Sued. CBA’s @TheBar. https://cbaatthebar.chicagobar.org/2022/11/11/the-fine-line-between-fan-art-fan-fiction- and-finding-yourself-sued/#:~:text=At%20its%20basic%20definition%2C%20copyright Powers, C.-B. (2022, September 28). Intellectual Property Rights on Social Media 101. Www.incfile.com. https://www.incfile.com/blog/intellectual-property-rights-on-social- media#:~:text=Copyrights%20for%20Social%20Media%20Influencers U.S. Copyright Office. (2023). What Is copyright? Www.copyright.gov. https://www.copyright.gov/what-is-copyright/
- 6. Intellectual Property Licensing USPTO.(2021, March 31). What is a trademark? Www.uspto.gov. https://www.uspto.gov/trademarks/basics/what-trademark What Photographers Should Know about Copyright | U.S. Copyright Office. (n.d.). Www.copyright.gov. Retrieved September 11, 2023, from https://www.copyright.gov/engage/photographers/#:~:text=If%20you%27re%20a%20ph otographer WIPO. (2019). Patents. Wipo. https://www.wipo.int/patents/en/