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ACI Focus: Intellectual Property in Advertising & Marketing

Loeb & Loeb is proud to sponsor ACI's upcoming program that features discussion on Intellectual Property in Advertising & Marketing.

An overview from the ACI website: 

A successful advertising practice begins with a solid understanding of intellectual property – and how to keep it from getting misappropriated. This series of panels will focus on specific components of IP law as it relates to your industry. The dedicated faculty will help you achieve a greater level of mastery in copyrights, trademarks, and licensing, taking into consideration that the advertising community is shifting towards new creative formats.

Agenda Highlights

9:15 AM - Avoiding Copyright Infringement Claims

Michael Clayton

Morgan Lewis & Bockius LLP

  • How the Digital Millennium Copyright Act (DMCA) affects the company’s advertising practices
  • Defining what federal protection exists for online content and knowing what the limits are
  • Formulating a fair use defense to defend a copyright infringement claim
  • Determining how much content should be reviewed and how much control should be exercised
  • Permissible usage of parodies and spoofs
  • Debunking implied contract and other theories that may arise on idea misappropriation claims 

11:30 AM - Determining Where the “Right of Publicity” Begins and Ends

Brian Socolow, Partner
Loeb & Loeb LLP

William Jelinek, Associate Counsel
The Estee Lauder Companies Inc.

  • When you need permission to use a likeness in advertising
  • Is the right expanded to include persona?
  • Anticipating right of publicity claims against content providers
    • films
    • video games
    • television shows
  • Applying a right of publicity analysis to:
    • personal websites
    • blogs
    • consumer generated content
    • advergames