Intellectual Property in the Social Media

21 04 2015

So, we have a new addition to Alchemy, and even though this is extremely difficult for such a control freak (yes, me), she should get to write some stuff, too. And so she has…KMO

On April 26th every year, the World Intellectual Property Organization (WIPO) celebrates World Intellectual Property Day to promote discussion of the role of IP in encouraging innovation and creativity. I was just reflecting upon this while advising copyrights to a potential client regarding the promotion of her children’s music and story books. Then our office experienced a social media etiquette faux pas during an online marketing campaign for one of our retail destination client’s outdoor concert festival events. Part of our job was designing all of the graphic needs for posters, signage, print and digital ads, and a collection of imagery to use on social media that would capture Facebook viewing attention and brand this “Peace Love & Wellness Music Festival” for our client, while making this artwork available for use by any of the participating retail tenants, businesses, vendors, and the bands. This particular client uses events as its primary source of marketing, outside of a year-round general branding campaign, and we have fun creating visual identities for each event. The Peace Love & Wellness campaign proved very successful with image likes and shares growing viewership to its 3rd Annual event page more than 100% over last year’s page. The ROI was worth the effort.

Alchemy's marketing for the event

Alchemy’s marketing for the event

Obviously, the object of marketing through social media is to entice viewers to attach their identity to the event and share it with others to extend the buzz field. Yes, share the original images on their timeline, add their own descriptive announcement with the post, and tag their friends and businesses. But we had one vendor take things a bit further than that. And I’m certain if you asked him he would say that he was just helping out and thought it was okay to promote his business by making his own flyer out of our client’s collateral. After all, he did slide their logo, although poorly resolute and altered in shape, onto his new graphic. So that’s more than okay, right?

Alchemy's marketing before alteration

Alchemy’s marketing before alteration

Well, actually, not. Our client paid for the artwork to be presented in the approved composition. This vendor did not ask for permission to change it. He did not hire Alchemy to make a poster out of this collateral and change it to feature his business. He added his own banner boldly across the top, juxtaposed shoddy font styles in an unprofessional layout of low quality, dropped in a low-resolution logo, and added his own copy. At this point, neither the client nor we would want our names attached to the altered artwork for credit. We had a conundrum: allow him to promote to his patrons or ask him to take it down. Our client made the decision not to offend him.

More of Alchemy's marketing

More of Alchemy’s marketing

Social media is now a balancing act of etiquette and manners. What is acceptable here is not acceptable there, and the rules are bent and stretched to fit a variety of scenarios. Unfortunately intellectual property, once uploaded into the digital slipstream, has very little protection. According to Facebook Copyright Infringements, violations have to be noticed by the author, reported to the powers that be on Facebook by the author, and then the violator must be contacted by the author and agree to take down their post and make amends. Only after these steps are refused is the author advised to claim a lawsuit. Furthermore, it is up to the author to set the privacy settings to limit the viewership and shares. One has limited protection of ownership if they want their work to be seen. So, in the scenario of a visual marketing campaign, images are out there with permission for the public to share until the original is removed. And according to an article written by a local West Palm Beach, Florida-based intellectual property attorney, Joseph J. Stafford, TO PIN OR NOT TO PINonce something is uploaded on to Pinterest, the author must understand that Pinterest takes no responsibility for the image sharing and usage. The artwork will remain on Pinterest indefinitely. And anything without a registered copyright or trademark is seriously at risk for loss of ownership.

...and Alchemy's marketing post-alteration

…and Alchemy’s marketing post-alteration

The increasing cultural trend is to share, save, tweet, or post any image as your own without thought or concern over identifying the true author. This virtually attaches ownership to any pinner for multiple re-compositions. The only protection would be to add a backend code for tracking violations or the application of a watermark across the image that would be difficult to remove or alter. So what can professional social media communicators do? Stay aboveboard and remain very professional for our clients in social media activity. We should set an example by creating our posts with integrity. If we are sharing the photo or work of another author then we should make time and effort to give credit where credit is due. Photos courtesy of…, or original painting by…, etc. Vintage ads and old movie stills are grandfathered for acceptable use as long as you are not selling them. But be very careful in the use of trademarks and brand collateral. I even went as far as to get corporate-level permission to create an original floral pattern reminiscent of Lilly Pulitzer for social media promotions of an event it sponsored for charity. Lawsuits can happen and they can be very costly to settle when they do. It’s better to be respectful and safe than sorry.

Above you see the original pieces of artwork created for our Facebook promotional campaign, and one of the altered and unapproved versions. What do you think about the modification and reuse of collateral materials without permission?

-Lori Herrala, Communications Director at Alchemy

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The Intersection of Marketing and Art

14 04 2014

It’s no bad thing to have a client who is an art patron. And it’s an even better thing when that client, a real estate developer, is a huge supporter of Art in Public Places (#AIPP) and willing to budget for the creation of art as a way to improve the community in which construction takes place.

For another perspective on the scale of this project, this is Tristan painting Alexander Graham Bell’s eye.

For another perspective on the scale of this project, this is Tristan painting Alexander Graham Bell’s eye.

That said, you’d like to have the artwork depict some subtle tie-in to the project, even though Art in Public Places is pretty strict about there being no commercial aspect to the projects it approves. The client, Ram Realty Services, decided that we would conduct a Call to Artists with the prompt that the 7,000 square foot mural would honor Alexander Graham Bell and communication, since the historic structure was once the regional headquarters for Southern Bell, and the converted residential units will be known as Alexander Lofts.

To provide a sense of scale, these next images were taken from the painting platforms.

Looking down...

Looking down…

Looking up...

Looking up…

After a lengthy vetting process that included representatives of Ram Realty Services, Alchemy, and the Cultural Council of Palm Beach County, it was decided we would work with Los Angeles-based Tristan Eaton, an internationally known street artist and designer whose work can be seen in galleries around the world and in the permanent collection of the New York Museum of Modern Art.

Eaton is renowned for creating large-scale murals in urban landscapes (NYC, Detroit, LA, Cleveland), and is an art consultant to major brands such as Fisher Price, Nike, and Disney.

It took him and his two assistants over 600 cans of spray paint and a total of 12 days to conquer the wall.

While there is no commercial aspect to the final artwork that in any way promotes Alexander Lofts, the prominence of the huge mural makes the building a landmark in Downtown West Palm Beach, and generated a tremendous amount of media coverage.

And it doesn’t hurt that the enormous mural and the name of the building both pay homage to Alexander Graham Bell – subtle, but present.

The finished 7,000 square-foot mural.

The finished 7,000 square-foot mural.

The investment in this tremendous artwork is a fantastic branding tool, as we are able to generate interest in the project on social media, on the project website, and in future marketing efforts as a way to identify the location of the property.





Looking Like A Big Deal…Before You Are

27 11 2013

Transformed: Homecoming Queen, Drig Addict, Spiritual WarriorThe proliferation of ways to publish your magnum opus (or, you know, an exhaustive detailing of your whole two and a half decades of life experience) has been both a blessing and a curse. It allows talented voices an outlet directly to the audience; we’ll skip the fact that it allows the spectacularly untalented a way into print. Vanity publishing used to keep all but the well-heeled hack out of that sandbox.

But we digress. This blog post is about finding clever ways to bring attention to a self-published author, with the end goal of interesting a mainstream publisher in either picking up the work or future works. Then again, if the campaign is successful, perhaps that mainstream publisher becomes much less enticing or even necessary.

We worked recently with the anonymous author of a book about her experiences as a drug addict. It is a sobering book with a message of hope, forgiveness, and redemption. She financed the publishing of her book in paperback and e-book herself, and was savvy enough to know that if she could put some of her savings into professionally designed marketing materials, she would look like the product of a mainstream publisher, which translates into instant credibility with many consumers.

Complicating matters was that the book is anonymous, which means no lovely dust jacket photo — and a somewhat vague bio. We decided together that we would do the following things to help promote her book: an attention-getting book cover, a website, a Facebook page, a YouTube channel, a media kit, and a series of testimonial videos.

Remember that anonymous thing? It somewhat complicates the production of book trailers and testimonials. But through lighting, lenses, and post-production tinkering with their voices and appearances, we were able to preserve the identities of six people, who could then speak 100% candidly about how they feel about the book, how they feel about the author, and what it was like to deal with the author at the height of her addiction and as she struggled to recover. It allowed the author to speak about her experience dredging up painful episodes from her past, and about those episodes themselves, without endangering her high-paying, high-profile career. Here’s a sample:

The sum total of those marketing tools resulted in one of the largest and most nationally recognized non-profit providers of alcohol and drug addiction treatment lending the author its support of her book through promotion in its newsletters and e-communications, and sales in its treatment centers, bookstores, and at its engagements. And that’s a big deal.





Ad Creep(y)

29 07 2013

First there was bodvertising, then thighvertising, now it’s beardvertising. Talk about taking “ad creep” to new highs…er, lows…oh, forget it.

Thighvertising

This, my friends, is “thighvertising.”

Ad creep is defined in our industry as the spread of media placement into every possible aspect of our daily lives. Thighvertising (according to the U.K.’s Telegraph, or maybe it was the Daily Mail – it was earlier this year) originated in Japan, and is pretty much just what the name implies: advertising on the quadriceps. But not just any quads, mind you – on the taut legs of young, attractive women. Everything I read about this trend – which seemed to hit critical media mass in the last few weeks — noted its potential for objectification of women. Then, of course, came the opinions that it’s EMPOWERING when women turn the tables and take control of their bodies and their image. As someone of the female persuasion, I’m going to stop right here before I let loose with an opinion of that sentiment, which isn’t really relevant to the topic at hand. However, I will tell you that this is my test for whether something is exploitative (borrowed from another writer, so no claims to originality here): Are guys doing it, too?

More thighvertising

Are we the only ones who found this invasive?

The PR firm credited with the thighvertising reports that as of sometime around Q3 2012, over 1,300 women signed up to be mini-skirted billboards, although I read other reports that put the number as high as 13,000. The name of this Japanese PR outfit is Absolute Territory, which also happens to be a colloquial term for the area exposed between a woman’s hemline and the top of her stockings. No doubt many more business-minded female entrepreneurs (yep, that would be sarcasm) have since applied. After all, they’re paid from $13 to $128 for co-opting a leg and walking around Tokyo like that for eight hours (and posting it all over social media for additional exposure).

From the guys at Beardvertising.com

From the guys at Beardvertising.com

But at least it’s better than what a New Zealand ad agency did back in 2011 – they created raised plates and installed them on bus benches. What did the raised plate do? It imprinted an ad on the backs of your thighs for a client’s sale that read, “SHORT SHORTS ON SALE AT SUPERETTE.” Don’t believe me? There’s proof.

beardvertising

Beardvertising by @WrestlingAndy

So, I’m feeling like beardvertising does not quite level that particular playing field. If you are thinking, “Why the heck not? What are you, some kind of feminist?” feel free to check out some of these samples of beardvertising and tell me this is the same as “absolute territory” messaging (you can see way more on Instagram here).

Beardvertising by @brentonrocks

On the plus side, I truly love that Dollar Shave Club (which produced one of the best viral marketing videos EVER), purveyors of beard-eliminating technology, have co-opted some of the mankiest beards I have ever seen. But beauty is in the eye of the beholder, so maybe there are lots of people out there who find the absolute territory between the eye and the top of the beard really hot.

Beardvertising:
http://beardvertising.com/

Thighvertising at International Business Times:
http://www.ibtimes.co.uk/articles/437617/20130221/advertising-japan-women-s-sexy-legs-rent.htm





Late to the Sharknado…

12 07 2013

I had a whole bunch of ideas for a blog post – you have beardvertising to look forward to, people – but abandoned them after #sharknado took over Twitter and garnered the SyFy Channel’s latest cheesefest so much second-screen publicity that it was a featured story everywhere from the Today Show to Variety to the Wall Street Journal.

Too mature to know about the guilty pleasures of SyFy’s made-for-TV schlockfests? Sharknado, which premiered last night, stars D-list (and really, we’re being generous here) celebs Ian Zeiring (Beverly Hills 90210) and Tara Reid (American Pie). A hurricane off the coast of California sucks up man-eating sharks and transports them, via tornado, to Los Angeles. Said sharks proceed to fly out of funnel clouds and eat everyone.

Sweet.

The social media hive-mind created a TwitterStorm during the run, with such beauties as this:

Danny Zucker (@dannyzucker)
Can’t watch #Sharknado because I’m on the set of my new film Tsunamwolf.
(Writer/Exec Producer on ABC’s Modern Family)

Glenn Mazzara (@glennmazzara)
@Ebradley127: “@brayingdixon: “#SHARKNADO is coming! http://www.syfy.com/movies ” I can only hope the sequel is SQUIDQUAKE.
(Writer, Producer — The Shield, The Walking Dead, Life, Crash)

Horatio Sanz (@mrhoratiosanz)
I wish I could join in on the shenanigans, but I had a cousin that was killed by a #Sharknado back in ’93. #RamonRIP
(Former SNL cast member, actor, comedian)

Shawn Ryan
Commercials giving me a chance to reflect on secondary, even tertiary levels of #Sharknado.
(Writer – The Shield/The Unit/Terriers/The Chicago Code/Last Resort/Lie To Me/Angel/Nash Bridges)

The Dowager Countess (@ladygrantham)
America: The Empire gave you tea, civilisation and the English language – and you responded with .

The Sharknado forecast

The Sharknado forecast

Other tweeted hashtags/suggested movie titles: Orcalanche, Hurricanine, Tarantulavalanche, Whalecano, Moosnami, Rabbitavalanche, Catsoon.

Actual SyFy Channel movie titles already produced and aired: Sharktopus, Piranhaconda, Dinocroc vs. Supergator, Megapython vs. Gateroid. I don’t make this stuff up. Really.

A confession: I watch these SyFy Channel cheese bombs. One of my favorites (and beloved by my then 9-year-old son) was Frankenfish. Another ultra-bad bonding moment for us was Anonymous Rex, a mash-up of Jurassic Park and every film noir trope EVER. It stars Sam Tramell, who now plays Sam Merlotte on True Blood, and that other Baldwin brother, Daniel. The premise? Dinosaurs faked their extinction and live among us disguised as humans. A velociraptor (Tramell) and a triceratops (Baldwin) are private investigators looking into a murder. Bonus: special appearances by Faye Dunaway (hysterical) and Isaac Hayes (smooooth).

Twitter is still blowing up about #sharknado, but now it’s the media discussions of last night’s frenzy. You just can’t pay – or plan – for publicity like this.

Word is that SyFy Channel intends to re-air Sharknado next Thursday at 7:00 PM EST. I know I’m setting the DVR. Twitter better look at the bandwidth/server situation, pronto.





SWEDE FEST™PALM BEACH Opens Big!

12 08 2012

Any time you work on a brand-new event with a client, there’s always the possibility that — even with a great concept and a clever hook, after everyone’s hard work, late nights, inspired ideas, creativity, sharp copy, media hooks, great pitches, relentless social media outreach, promises from everyone to cover the event, smart media buys, great sponsors, high-profile partners, and every other factor you can imagine — you’ll have a half-full venue. There are so many intangibles you can’t control; then add in that it’s summer, in Florida, during hurricane season, when it usually rains every afternoon from 4:00pm until 7:00pm, it’s hot and humid and hair gets frizzy, people are away on last-minute vacations before school starts and/or work gets back to a more normal schedule, and did we mention it’s summer? And that no one knows what a “swede” is?

Midtown's Belle Forino and Sherri Gedraitis in front of the step-and-repeat using our logo and graphics

Midtown’s Belle Forino and Sherri Gedraitis in front of the step-and-repeat using our logo and graphics

Yet none of that seemed to matter last Friday night when the inaugural SWEDE FEST™PALM BEACH launched to a sold out crowd of over 500 attendees on Mainstreet at Midtown.From the red carpet in front of The Borland Center for Performing Arts through the final credits, this was high-energy entertainment for everyone involved, with “swedes” submitted by amateur filmmakers ages 10 to 60.

First, the BG. A swede is a no-budget, laughably bad remake of a hit Hollywood film – the bigger, the better. The term comes from the 2008 Jack Black/Mos Def comedy, Be Kind Rewind, and was made up to explain the sheer awfulness of their remade films by touting them as European – swedes, because it sounded really sophisticated.  No, you probably didn’t see it — it’s not exactly a classic, but neither is it comedy kryptonite. If you did see it, it was probably late at night on Skinemax. We mean Cinemax.

Next thing you know, there’s an underground sweding craze. Two guys in Fresno invited a bunch of friends to make films starring themselves, then get together to screen them in another homage: to the indie film festival – but without the beautiful celebrities, coolness factor, or bidding wars.

And that is the somewhat long and winding road that leads to swede fest™ palm beach, the third official swede fest™. First, Fresno. Then, Tampa Bay. Now, “the Palm Beaches” but really, Palm Beach Gardens, where our client is located. We suggested it was important to secure the trademark in such a way to lock up the event in the area and own it; anyone who wished to come afterward and imitate it would not be able to just tack on another word and piggyback on all our client’s financial investment and hard work. Sad, but a fact in the world of marketing and events.

swede fest logo, color variant #1

swede fest logo, color variant #1

Our job was to come up with the logo, tagline, all of the graphics necessary for social media, create a WordPress-based website for swede fest™ palm beach, write all the content for it, produce two 15-second promo commercials to be show in the local Cobb movie theaters (one promoting the call for entries and the other promoting the festival itself), and work closely with Belle Forino, our client Midtown’s Marketing Coordinator, to manage the social media while she approached local schools, the Palm Beach International Film Festival, the entertainment community, the Palm Beach County Film Commission, and Digital Domain (who became a major sponsor along with its Digital Domain Institute) to drum up support for a grassroots amateur film festival in which short, DIY versions of big-budget feature films are reproduced as cheaply as possible, using family and friends as cast; bedrooms, backyards, and local parks as sets; and toys, pets, and found objects as props.

swede fest palm beach Call For Entries :30 TV Spot from swede fest palm beach on Vimeo.

Bringing a swede fest™ to the area was Belle’s idea after hearing a story on NPR. She contacted the Fresno-based originators, and we were on our way with their blessing and the trademark.

Next came the design of the swede fest™ palm beach logo, and the creation of our tagline “A celebration of bad movie by good people,” which has been variously attributed to other people and festivals, but was created by Alchemy for Midtown. Swede fest tampa bay liked it so much they asked to use it, and in the best swedeing spirit, Belle said, “Of course.” Swede fests aren’t about competition; they’re about the love of movies, a fondness for a good time, and how sometimes bad can be so very good.

Once we settled on a basic logo design, we needed a variety of iterations: a “call for entries” version, a general all-purpose version, a variety of sizes to accommodate Facebook, Twitter, various electronic media buys, the creation of a masthead for the swedefestpalmbeach.com website, and versions in two complementary color schemes in various resolutions for print, web, and other uses.

The electronic "mea culpa" on the date thing

The electronic “mea culpa” on the date thing

We decided the fastest and easiest way to create a web presence for the festival was to build a WordPress-based site hosted on the MidtownPGA.com servers, availing ourselves of the handy array of templates and widgets that would eliminate the hours of programming necessary to create a site from scratch or add everything we envisioned it needing to the existing Midtown website. The site could then be constantly modified, added to, and manipulated by Alchemy rather than adding to the already heavy maintenance schedule of Midtown’s webmaster.

The date for the festival, the opening of the entry submissions and the deadline for those entries, and other milestones were scheduled in early March. However, everyone was so focused on educating people about swede fests, getting them excited about creating films and entering them, creating all of these ad/promo/social media elements, getting the local media interested in the event, securing an emcee, and all the thousand other details that ONE LITTLE THING escaped us that had a tremendous impact: the announcement that the Opening Ceremonies of the 2012 Summer Olympics in London would be on Friday, August 27th. Yes, the same day we’d scheduled swede fest™ palm beach.

Rather than see this as a PR disaster, once we knew we could roll the date back one week and still have our venue, we recommended that we make a big joke out of the situation rather than engage in any hand-wringing (we did enough of that internally). So we put out a media alert that said:

We’ve tried to ignore it, but it’s time we addressed what you all have been thinking: yes it’s true, the opening ceremony of the London Summer Olympic Games is ON THE SAME NIGHT AS SWEDE FEST™ PALM BEACH.

The date change graphic

The date change graphic

You can’t fight the power. So we’re taking the high road. We’re willing to step aside and let the U.S. Olympic athletes, and the rest of those competing, have that special night without us siphoning off their audience. We’re moving SWEDE FEST™ PALM BEACH back a week to FRIDAY, AUGUST 3. Same time, same place. Because there’s no way they can pull off such a sweet move.

Since we’re moving our renegade amateur film festival back a week, we’re going to give our sweders another week, too. THE DEADLINE FOR ENTRIES ROLLS BACK TO FRIDAY, JULY 20. Everyone wins.

Put it on your calendars now. SWEDE FEST™ PALM BEACH deadline for entries is Friday, July 20. SWEDE FEST™ PALM BEACH is Friday, August 3. Screenings begin at 7:00PM at The Borland Center for Performing Arts. Take that, London.

And created a graphic that we emailed to the database and posted to all our social media that was essentially a gigantic mea culpa. It worked.

swede fest palm beach Event Announcement :15 TV Spot from swede fest palm beach on Vimeo.

The "sweded" Mainstreet at Midtown logo

The “sweded” Mainstreet at Midtown logo

And in spite of the fact that this did create a few glitches (the need to find new emcees — The Jove Comedy Experience stepped in and were just amazing; the fact that so many community calendars had already run the original date and it was too late to get most of them to run the new date; and a few other little things), the client was thrilled with the media coverage, the event turnout, how many new visitors of all ages were on Mainstreet at Midtown that night, how many great people volunteered “in kind” sponsorships to be involved (edited to mention that Hollywood Cupcake makes Kelly’s heart sing for joy and her cupcakes are little sugar bombs of happiness and rainbows and angels singing. Was that too much?)

In fact, we think you can consider a first-time event a success when the client tells you at said event the date she’s chosen for next year’s event.

The best-dressed swedeing team EVER

The best-dressed swedeing team EVER

swede fest™ palm beach will be on Friday, August 2, 2013 for those of you who want to start planning what film to swede now and whether you’ll be raiding Goodwill’s toy department for your cast, your pets will play supporting roles, or whether you’ve always secretly wanted to wear a superhero costume and/or play Wolverine. You know you want it.

The team who sweded "Old School"

The team who sweded “Old School”

Yep. we’re going to go out on a limb and say that not only do people now know what a swede is, we’ll easily double the almost 40 entries in swede fest™ palm beach 2012 with an embarrassment of riches — in this case, a plethora of swedes — in 2013. This is what special event are supposed to do for your client, and this little renegade, amateur film festival really delivered.





Yeah, So I Heard Blogging is Really Effective When You Post Regularly…

16 08 2011
Flickr/theTrial

Flickr/theTrial

And from whose mouth dropped this pearly bit of wisdom? Mine own.

More than once, in fact —  in every meeting we’ve had recently with a new or potential client, since social media is a component of nearly every proposal we’ve written lately, and a part of every job we’ve landed unless it is 100% straight print.

Oh (I whine in a non-annoying way), I don’t have time to update our blog — I’m ghost-writing four other blogs every week, plus all the writing I have to do like website content, print ads, a ton of collateral, ghosting clients’ Facebook fan pages, Twitter feeds, e-newsletters, blah blah blah socialmediacakes.

But I THINK about our blog constantly. Given the choice, I’d be blogging every day because I have an opinion on everything. In theory, this blog is supposed to have some parameters that keep me within the rather elastic bounds of advertising, marketing, and media; selling stuff; how badly brands/people are selling stuff; how cleverly stuff is sold with out anyone realizing they were, in fact, sold something, or they don’t care because it was so well done; egregious marketing ploys; any time the Wall Street Journal writes about something that I find amusingly outside its purview; I think you get the picture. And did you notice I dropped the “royal we” at some point? Because this is my responsibility, like the creative direction and graphic design are Steve’s. The blog just really ties the room together, man.

So, my random attached-to-no-holiday resolution (although I could pin this onto Labor Day…) is to get back to blogging once a week for Alchemy. Because in addition to always having something to say about someone or something, we have a lot of new work and new clients to talk about, and they deserve the attention.








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