If this were a movie prequel, it would be called “Ocean’s 2.”
Co-stars George Clooney and Julia Roberts are suing companies that have been using their photos without permission online in ads to promote the companies’ business.
When it comes to actors, singers, and other celebrities (even “reality” show “stars”), you can land in hot water by using their photos to promote your business unless you’ve got written permission to do so.
Heck, you can’t even imply endorsement. For example, The Oprah reportedly has packs of lawyers hunting down website owners who claim she’s endorsed their products.
As explained in my book, “How to Protect Your Business Website Without a Lawyer” (http://InternetLawsBook.com), intellectual property laws do apply online despite the claims of some fools that photos you find by searching Google are free for the taking.
Even small business website owners screw this one up. For example, there’s a local shop that sends out a daily special to its email list that contains a celebrity birthday of the day. Treading into dangerous territory there because the business isn’t making it clear the celebrities are not endorsing the business. Where the emails cross the line is the business also includes a photo of each celebrity that the company has no right to use.
If you need a celebrity for promoting your business online, there are plenty of C-list actors who are available for chump change. Most people recognize who they are but they haven’t been A-list in years. Even so, whatever deal you work out with them needs to be in writing.
How celebrities can hurt your website
Terms of Service: Google Drive, Gmail, and Your Intellectual Property
Google’s simplified Terms of Service arguably give the company the right to compete against you using your own intellectual property…if you store your content in the new Google Drive or include it in an email attachment.
Here’s the key part found in the Terms of Service under “Your Content in our Services.”
“…You retain ownership of any intellectual property rights that you
hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Services, you
give Google (and those we work with) a worldwide license to use,
host, store, reproduce, modify, create derivative works (such as
those resulting from translations, adaptations or other changes we
make so that your content works better with our Services),
communicate, publish, publicly perform, publicly display and
distribute such content. The rights you grant in this license are
for the limited purpose of operating, promoting, and improving our
Services, and to develop new ones. This license continues even if
you stop using our Services…”
If you’re confident in Google’s unofficial “Don’t Be Evil” policy, then perhaps there’s nothing to worry about. On the other hand, the license seems to give Google the right to take your content to compete against you, or even give the content to others (“those we work with”) to become your competitors.
If this isn’t what Google intended, the Terms of Service needs to be revised to clearly state what Google plans to do with your intellectual property.
Spain’s New Sinde Law Fights Internet Piracy
What does the new Spanish Internet Piracy law do?
Spain recently enacted Internet piracy legislation which would curb the ability of thieves to illegally reproduce and distribute digital media content in the country.
Named after the country’s cultural minister Angeles Gonzales-Sinde, the ‘Sinde Law’ marks a new aggressiveness Spain will employ to protect intellectual property from abuse at the hands of internet pirates. Specifically, the ‘Sinde Law’ makes an effort to shut down file-sharing web sites that allow for the easy distribution of copyrighted material.
Why did the Spanish government decide to pass the new Internet Piracy law?
Until the passage of the Sinde Law, internet pirates distributed materials online virtually free from any restraints whatsoever. As such, the sale of DVDs, CDs, and movie tickets swiftly declined, thus infuriating the rightful holders of the copyrighted information who saw their products enjoyed, for free, by a large number of Spaniards. This state of virtual anarchy over the preservation of intellectual property rights from abuse over the internet inspired some companies, especially the large media companies based in the United States, to consider leaving Spain entirely.
Considering their economic situation, Spanish officials decided the last thing their highly unemployed nation needed was for job-providing companies to flee the country. Amid claims from various multimedia companies to both remain in and expand to Spain if strict intellectual property measures were implemented, Spanish officials determined legislation was needed. Some even expect illegal distributors of copyrighted goods to change their business strategy and to become legal distributors of digital media as a result of the legislation.
Why are people opposed to the new Internet Piracy law?
Some people feel that the bill goes too far in its attempt to stamp out Internet piracy. Arguments have been made to the effect that the bill will curb free speech by preventing individuals from spreading ideas and content freely over the medium of the internet. These detractors also claim that the copyrighting system in Spain suffers from corruption and misuse, as evidenced by a police raid on the country’s main administrator of copyright for suspected embezzlement and money laundering.
The head of Spain’s film academy, Alex de la Iglesia, even resigned in opposition to the new legislation. In his view, the internet has revitalized an interest in Spainish cinema, and any attempt to curb the influence of the internet’s propagation of Spanish film should not be allowed. These concerns, plus the concerns of some on the others side of the spectrum who worry that the bill is simply not strong enough to deter internet piracy, will continue to play their part in changing Spanish politics.







