Douglas, A. Cherry, Esq. with the law firm Shumaker, Loop & Kendrick, LLP shared with the CWC chapter 10 fatal assumptions made by PR professionals that can land us in hot water if we are not on our game.
Fatal Assumption #1: We pay for it so we own it.
This pertains to copyright issues. For example, when a couple hires a wedding photographer for their wedding, the photographer owns this images, not the couple pictured in the photos. This is a common misconception.
Let's look into the issue of copyright for a moment. Copyrighting promotes artistic and literary expression, not ideas. It does not protect facts, procedures, methods or concepts. Copyright owner's have a bundle of rights and they can license out parts of the copyright.
Pay special attention to independent contractor/off-duty employee contracts and doctrines. Make sure you have all i.c. and off-duty employees sign a detailed work for hire contract outlining the scope of employment, a written assignment. Otherwise you pay for it and they own the work, thereby, having the ability to do what they wish with the work.
Obtaining a copyright is inexpensive and rather easy to do.
A written agreement also pertains to joint persons working on a project, this includes working with website designers.
Fatal Assumption #2: If we modify someone else's text to a certain degree, then we can use it in our marketing and advertising materials.
There is no easy rule for this so it is best to assume infringement even with the smallest of text taken.
Fatal Assumption #3: I saw this great image on a Website and want to use it in our materials. No one will care since it is only one picture.
Just because it is easy to get a picture off of a website does not mean is it legal to do so. It is best to get permission from the owner of the image.
Cherry offered this practice tip: Be cautious of stock photography sites
Fatal Assumption #4: We got some great photos at our last event, including some pictures of kids and guest celebrities. Let's post them online.
Remember the Right of Privacy laws
Right of Publicity--unauthorized use of name or likeness for any commercial or advertising purpose without consent. News-worthy publicity is the exception.
Practice Tip: Remember who took the photos? Do I have the right to use these images without their consent?
Fatal Assumption #5: We have been using the names, logos and slogans for our company or advertising campaigns for years, so no one else can use them.
This brings up the issue of Trademarks. A trademark is any word, logo or package design (or combination thereof) used by a manufacturer or merchant to identify its goods and distnguish them from others. This includes brand names such as Coca-Cola, designs such as the Gator logo and slogans and even trade dress consisting of graphics, color or shape of goods or packaging.
A trademark is acquired to use in commerce. Registration is not necessary, but very helpful as it will give you nationwide priority of the use of the name, logo, etc. For example if you set up a company with the name Yummy Fruits and Nuts Company in Sarasota, someone may be able to use the same name in Orlando, Miami or elsewhere limiting your ability to grow into that market. It is best to register your trademark.
Some tips for good trademark names: never use generic names (if so you maybe able to only use it for 5 years); choose descriptive, suggestive, arbitrary ro fanciful names.
Here are some practice tips for trademarks:
- Carefully select yoru trademark
- Request a clearance search
- Consider and Intent-to-Use trademark application
- Obtain the domain name and any variations
- Obtain state registration if it is a pre-requistie
- Send a press release and start marketing
- If not Intent-To-Use, then seek registration
Fatal Assumption #6: Of course our independent contractors, volunteers, and partners may know our confidential information, but they know not to reveal any of it. It's common sense to keep that information to one's self.
What is a trade secret? Information, including a formula, pattern, compilation, program, device, method, technique or process that derives independent economic value by not being generally known that is subject to reasonable efforts to maintain secrecy.
Remember that what doesn't work is also a trade secret.
To best protect yourself and your company/organization, create a mult-faceted protection program that includes, but is not limited to, only providing information to people on a need-to-know basis, lock the information securly, restricted copy facilities, password protections and following NDA agreements.
When an employee departs an organization/company, conduct an exit interview and have them return information.
Fatal Assumption #7: We don't really need to have a firewall or password protection for our servers and PC's. No one would think to hack our system.
Hackers are using social media more than ever know. Do not share, collect or store unnecessary personal/financial information on-line. Ask yourself, do you need to keep your company records?
Fatal Assumption #8: I would hate to ask someone who is helping our organization to sign anything.
Don't undervalue your business. Protect yourself.
Fatal Assumption #9: A non-profit does not have to worry about complying with SPAM or blast fax laws.
Blast Fax/TCPA litigation is rampant. The CAN-SPAM Act applies to non-profits and corporations.
A few SPAM requirements include:
provide a clear and conspicuous notice to opt-out
Be clear that the mail is an advertisement if it is.
Provide a clear subject line
Fatal Assumption #10: We don't need to spell out for our employees what they should and should not be doing online. They just do their job with our clients and that's it.
Draw line between business, social and personal regarding the use of emails and social networks.
Draw up a social media policy and monitor employee sites.
Shew! What a great, and informative, presentation. It leaves a lot for all of us to think about.
