Friday, August 10, 2018

Legalities of Advertising

      The concept of false light is using a photo or an image that was originally intended for one thing for another purpose entirely.  For example, if a model signs on for a photoshoot for toothpaste and then the photo is used to portray someone who doesn't pay taxes than they are being portrayed in a false light.  To avoid this problem, strict agreements must be signed by actors, artists, etc specifically stating what their works can and can't be used for.  The TV show, Friends, did a spoof on this very issue - in the episode, Joey poses as a model for an unknown ad only to find out later that his face is being pasted across the city in an advertisement for VD awareness.  https://www.youtube.com/watch?v=iULTDFlcorI
     Next, the concept of appropriation is using someone's likeness in appearance or voice for advertising without their consent.  This type of thing happens in China all the time - for example, on my last trip I noticed that a local toy store was selling the below 'Transformers' toy - the same packaging and font was used but the name was changed to 'Transrobot'.  Needless to say, I had a good laugh. 

     Finally, in the legalities of advertising, are copyright laws.  These laws protect "original works of authorship" from the moment of conception.  They can be given away or sold to others if the owner approves.  Copyright laws vary by country but many expire after a set number of years.  This can pose a bit of an issue if the artist who created the piece is still alive and now has to fight to retain rights to their own works.  For example, in 1985 Paul McCartney was outbid by Michael Jackson for the works that he originally created with the Beatles and as a solo artist.  http://fortune.com/2017/06/30/sony-beatles-copyright/
     An advertiser can knowingly or unknowingly violate copyright or privacy laws as there are a great number of laws in place to protect owners of original creations.  For example, a small mom and pop business may open a store in a local market under a name that is already being used elsewhere by a similar establishment.  The TV show, Schitt's Creek, did an episode on this very situation.  A local one-off shop named Blouse Barn was being contacted by an Australian company because they wanted to open stores in North America under that name.  They offered to pay her a sum of money for rights to the brand and asked her to rename her store to something else.  http://schitts-creek.wikia.com/wiki/Lawn_Signs




Legalities of Advertising

      The concept of false light is using a photo or an image that was originally intended for one thing for another purpose entirely.  For ...