clearance risks

1
clearance risks

• Therese Oppermann
• introduction entertainment law
• METKA, University of Oulu

2
imagine..

• you have a house
• its a really really really nice house
• years planning and saving for renovations
• then you painted the kitchen
• your dad sanded the floorboards
• your mum made the curtains
• your brother built the cupboads
• its become a part of you

3
and then

• somebody
• walked in the front door
• without even knocking
• trudged around with muddy shoes
• went to the fridge and took a beer
• pushed you off the sofa
• started watching TV

4
how would you feel
5

• creative works
• branding
• personality

6
you cant touch it, but its real

• its just like a house
• it takes time to develop, nurture and build
• it costs lots of money
• it needs a lot of effort
• you need to invest a lot of yourself
• your creativity, your spirit, your desires

7
you cant just walk in and help yourself!
8

• and
• dont think
• they wont notice
• or they wont care

9
its their core asset
10
the international entertainment industry

• Bertelsmann (BMG)
• News (Fox, 20th Century Fox, BSkyB)
• Sony (Sony, Columbia)
• GE (Universal, NBC)
• Time Warner (Newline, CNN, Warner Bros)
• Viacom (MTV, Paramount)
• Vivendi (Canal , Universal Music)
• Walt Disney (ESPN, ABC)
• EMI

11
Global Brands 2004 - Business Week / Interbrand

• Coca Cola 67,394 USD million
• Microsoft 61,372
• IBM 53,791
• GE 44,111
• Intel 33,499
• Disney 27,111
• McDonalds 25,001
• Nokia 24,041
• Toyota 22,673
• Marlboro 22,128

12
Forbes 2004 Celebrity 100(pay, press clippings,
webhits)

• Mel Gibson
• Tiger Woods (70M USD in endorsements)
• Oprah Winfrey
• Tom Cruise
• Rolling Stones
• J K Rowling
• Michael Jordan (25M USD in endorsements)
• Bruce Springsteen
• Steven Speilberg
• Johnny Depp

13

• Real Madrid, has sold over 1m shirts with Mr
  Beckham's name and number, 23. These account for
  50 of the team's replica-shirt sales, and have
  already recouped much of the 24.5m Real paid
  Manchester United for Mr Beckham's signature last
  June.
• .Nike's Air Jordan shoes netted sales of 100m
  in their launch year
  
• Economist, 11 March 2004

14
the bigger they are, the harder they fall

• cannot be anonymous
• incredibly vulnerable to
• typecasting
• bad publicity
• have to be very carefully managed

15
songs

• Lakme, Flower Duet
• when you hear it
• do you think of the first time
• you heard it live at the Opera House
• or a British Airways commercial

16
brands

• Mention the Nestlé name to most people and
  invariably they will think first of instant
  coffee and second of a scandal over the company's
  sales of baby-milk formula in poor countries that
  still haunts the group 30 years after it first
  surfaced.
• The Economist, 5 August 2004

17
celebrities

• The News of the World, Britain's
  largest-circulation Sunday tabloid, this week
  published a steamy story about Mr Beckham's
  alleged dalliance with his former personal
  assistant, Rebecca Loos.
• the truth is that both individual Beckham
  brands, plus the composite one, are dented and
  may need relaunching.
  
• The Economist, 7 April 2004

18
what if

• what if you get a letter
• you checked the law
• they are not exactly right
• but its aggressive
• and they have money

19
do you fight it?

• you can try telling them they are wrong
• they wont listen to you
• they have too much at stake
• to listen to technical legal arguments
• you may win
• after three years in court
• and thousands of dollars in legal fees
• and a product that has missed the market

20
why buy into a problem
21
if you can change it

• CHANGE IT