The second Design & Production session on Thursday was a bit heavier than we’re used to, but it was a very important discussion on copyright infringement, primarily within the ad department.

Please note, the laws of each state varies, so these are just items to watch out for

The one most important thing I took away from the session is that we need to add some language to our advertising sales contract that releases us from whatever materials the client sends us… whether it be a full ad, or the photos that they send to us to build the ad for them.

For example, a bar advertiser wants to run an ad with a photo taken of someone in the bar. 1) they should have a photographer’s release saying that the photographer is giving us the rights to use the ad in the paper AND online (if we’re doing both), and 2) if there is anyone recognizable in the ad, a model’s release is needed to use his/her image for the bar to promote the bar’s business.

The first two items are things that the bar should be taking care of. We all know that it’s not going to happen (but we won’t admit that in court), so we have to protect ourselves by saying something like this in the advertising contract that “It is the understanding that the client will obtain all necessary permissions and rights for any materials submitted to the paper, as a a camera-ready ad, or the items needed to buiid the ad, and will not hold XXX paper responsible for non-compliance.”

Other questions to ask:
- Who owns the ad?
Camera-readys are simple. They are client-owned. Does the client own an ad that your production staff designs for them? This needs to be specified as well, especially if the client wants to run an ad that you designed for them in other publications. Watermarking .pdfs is a great tool to prevent this, or to at least find out where the ads are being sent to.

-Watch your “Events” shots/slideshows
Try and avoid publishing “outrageous” shots taken at your events. Even though they’re in a public place, you are still using someone’s image to promote your paper… law is a bit dicey here. Since you’re not going to get a model release for everyone you take a photo of at an event, you can put on your registration page that “photos will be taken and may be published on our website” blah blah blah

- Avoid use of professional sports team names in ads
It’s actually an infringement of trademark to say “We show all Mets and Yankees games.” What is allowed is “We show all New York baseball games.” You cannot say “Redskins vs. Cowboys,” but must say “Washington vs. Dallas.”

And don’t get me started on the Superbowl! The NFL has trademarks on “Superbowl Sunday” and “Super Sunday.” Get around this by saying “Big Game Sunday,” “Watch the Big Game,” or “Football Championships”

Also, avoid the use of team logos and professional logos (such as MLB, ESPN, NFL, etc). Most of the time, you can use text to say the same thing, but the logos themselves are protected.

- Santa Claus cannot sell booze
This is a personal addition that I forgot about. In DC, it’s actually illegal for images of Santa Claus (or the Easter Bunny, Tooth Fairy, etc) to sell alcohol because it supposedly targets minors. Ads that have Santa Claus selling Budweiser are rejected. However, an attractive girl dressed in a Santa hat and red & white furry bra is completely different because it’s not the image normally associated with Mrs. Claus, but possibly that of their hot granddaughter or college co-ed tenant.