Copyright: Understanding Fair Use

While this AMEC North America Measurement Week webinar was the first of the series, it will be my final recap post. I saved the best for last!

International AMEC board member, and License League COO Dan Schaible led this #AMECMM webinar to help us understand the complexities that surround copyright in the digital world we live in today.Copyright Fair Use

Dan began with referencing a portion of United State Constitution, Article 1, Section 8, Congress shall have the power… “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”. This is what sets up what copyright is, however in that statement is an inherent conflict, Dan commented.

We are all pretty familiar with the concept of Title 17, Subsection 106 of the United States code. This is the part that grants the owner of the copyrighted work the exclusive rights to do and authorize reproductions, copies, derivatives, etc.  However, it’s Subsection 107 that tends to create confusion—the limitations on exclusive rights—fair use. There are four specific factors, that work together, which must be considered to determine fair use.

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. The nature of the copyrighted work;
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. The effect of the use upon the potential market for or value of the copyrighted work.

I can relate if you’re thinking, “I’m not a lawyer, how am I supposed to be expected to interpret this?” Legal-ese makes my head spin, but the way Dan explains it, with the examples he uses, helps it all to make a little more sense so I highly recommend you check out this short (under 30 minutes) webinar replay.

He focuses on the two points that we, as PR professionals, are most likely to be affected by. In addition, he references two specific copyright-specific court rulings on recent media monitoring cases. (Side note: BurrellesLuce has a copyright compliant article program and agreements with most major publishers as well as individual titles.)

  • Purpose and character of use. Dan says the real defining question is: is the content used in a different manner or for a different purpose from that which was originally copyrighted? He read a portion of a 1990 legal article, written by two judges, dealing with whether the use is “transformative” (which is a valid defense). There is a lot of gray area here and it’s no wonder there’s so much confusion surrounding fair use! Dan claims that fair use is part of the law but some claim it’s only lawful in that it offers a defense to the end user should the use be challenged by the copyright holder.
  • Effect of the use upon the potential market or value. This is a little easier to understand. Dan says the defining question here is: what is the effect of the use on the copyright owner’s ability to exploit the value of their original work.  In other words, is how you’re using it taking potential money out of the owner’s pocket?

Dan cautions that fair use is based on market conditions—as the market changes, so may the judicial rulings.

Webinar moderator, Johna Burke, who’s also AMEC North American Co-Chair and BurrellesLuce CMO, wrapped up with questions to Dan from the participants. He finished-up with some straight-talk about why you need to know these things, the most compelling of which was “so you don’t get sued” (but he had a lot other great answers as well).

I’ve enjoyed learning more about measurement (and copyright) the past couple weeks and hope you have too!

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*This post by Tressa Robbins originally appeared on October 5, 2016, on the BurrellesLuce Fresh Ideas blog at http://www.burrellesluce.com/freshideas/2016/10/copyright-understanding-fair-use/ and is cross-posted here with permission. 

Transformation Influencers: Rust-Oleum’s 1,000 Projects Campaign

Photo: Pinterest Screenshot

There are more than 100 million searches each month on “how to” do something. Rust-Oleum, a nearly 100 year-old company, came to the realization that people aren’t really passionate about products as much as they want to change and improve their living spaces, creating something beautiful that they can enjoy.

With the insight that people want to improve and/or change what they love, Rust-Oleum (along with its agencies) set out to create 1,000 compelling projects to serve as inspiration and demonstration to consumers. Leveraging paid media and using data driven marketing to share a transformation story through images and video, they empowered bloggers and every day influencers to share their own inspiration stories, in turn driving awareness and a new excitement—a re-introduction of sorts.

Lisa Bialecki, Senior Director, Integrated Communications at Rust-Oleum, shared their journey with attendees of PRSA St. Louis’ recent Digital Communications Summit.

They conducted fast data analysis to identify exactly what people are searching for and where they’re looking to find this information. Using this research data, they created a blueprint of projects that they needed to create and feature—for example, 14% of the project would be devoted to the garden tackling things like planters, fences and stones, while 5% would be devoted to garage revamping items such as cabinets, hardware, organizers and the garage floor.

Their strategy included media partners, consumers, professionals and brand projects. Rust-Oleum created “an army of project enthusiasts,” Bialecki said, leveraging volumes of content–using print, blogs, web, video, Facebook and Pinterest. They also hyper-targeted banner ads to their audiences and created a new website for project inspirations with a user forum section—creating a community.

But it wasn’t just all traditional print, social media and digital. Rust-Oleum hosted DIY conferences. They held multiple blogger innovation summits in an effort to generate excitement for these bloggers to write about new products. One such summit included 18 highly influential DIY bloggers (from 15 key blogs) over a three-day period. During the summit, they took them on a manufacturing plant tour, a corporate headquarters breakfast and tour which included a marketing studio “hands-on” session. Through these “in real life” events, they were able to build a stronger awareness of new products, strengthen existing and build new blogger relationships.

This integrated PR campaign not only supported Rust-Oleum’s retail marketing but has resulted in 250 million project impressions to date and 3 million project engagements. Pinterest has become their number two driver to the website. Most importantly, unit sales are up 40% year-over-year. This is a great example of PR, marketing, advertising, digital and social successfully working together!

This post by Tressa Robbins originally appeared on December 3, 2014, on the BurrellesLuce Fresh Ideas blog at http://www.burrellesluce.com/freshideas/2014/12/transformation-influencers-rust-oleums-1000-projects-campaign-2/ and is cross-posted here with permission.

Convergence Journalism: How Does it Affect PR and Media Relations?

Convergence Journalism: How Does it Affect PR and Media Relations? Tressa Robbins BurrellesLuce Fresh IdeasThe oldest school of journalism in the United States (and possibly in the world), University of Missouri’s School of Journalism, added its first new major in 50 years when it added Convergence Journalism back in the fall of 2005. Over the past several years, news consumers have witnessed a revolution take place whereby we consume news stories via multiple platforms (traditional, digital, social) and in various formats such as long-form, short-form, textual, auditory, visual, formal/professional reporting, citizen reporting.

I recently attended a convergent media panel event (hosted by PRSA St. Louis) which featured Kelsey Proud with St. Louis Public Radio, Caryn Tomer with Techli.com, and Perry Drake (formerly of NYU) now with UMSL.

Proud started off with showing a perfect example of media convergence in a story they’ve just produced on chronic absenteeism in schools across Missouri. In this series, they utilized audio (radio), research/analytics, data, dynamic visuals and text.

Tomer discussed tailoring the story presentation to what their readers want. The staff likes (pertinent) press releases but may also use video, audio, text, social, linkbacks and even gamification to enhance the user experience.

All seemed to agree on how they decide what content makes it. Of course, it has to matter to their audience but beyond that—it’s all about emotion and reactions.

As the late Maya Angelou said:

“I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.”

How does this affect PR pitching/media relations efforts?

By now, most savvy PR pros know multimedia storytelling is no longer optional—it’s a necessity.

  • We must adapt and be flexible. Stories need to be told in different ways depending on the medium.
  • PR is no longer just accountable for the message—we’re now depended on for choosing the most effective modes and channels.
  • Effective public relations outreach does still include traditional media pitching (newspapers, magazines, television, radio) but may also include social media marketing, blogs, content marketing, web development and analytics, graphic design, SEO, and emerging technologies we aren’t even aware of yet.
  • Don’t be afraid to partner and/or collaborate as necessary. If you are ill-equipped in a certain area, take advantage of the opportunity to learn and expand your skill set!
  • This new media model is dynamic – making it fluid and spontaneous, requiring PR pros to be quick on their feet and adept at managing communities, not just a message.

How do you see multimedia journalism affecting your job?

This post originally appeared on June 2, 2014, on the BurrellesLuce Fresh Ideas blog at http://www.burrellesluce.com/freshideas/2014/06/convergence-journalism-how-does-it-affect-pr-and-media-relations and is cross-posted here with permission.