By Don Silver
LMA and AMA joined together last night in the Fort Lauderdale offices of Fowler White Boggs to present a roundtable discussion on intellectual property issues impacting marketers. The three-member panel of attorneys did not disappoint.
Led by Board certified intellectual property attorney Sam Lewis of Feldman Gale, and legal panelists Neil Kodsi and David Barman, the panel discussed everything from sharing articles on Facebook to the use of stock photography on websites.
Everything grew silent when we learned about aggressive copyright and trademark trolls using advanced tools to identify those who are infringing on their clients’ intellectual property rights. Many learned have been infringing without knowing it.
Sharing articles, social media and blog posts using “share” buttons is perfectly alright, but copying and pasting the same copy is not. Photos and images are probably the most infringed intellectual property. Many web developers find images online without paying for them and eventually get caught. Getty Images was cited as the most aggressive enforcer.
What’s typical, you receive a certified letter from a law firm demanding you remove an image or article from your website, seeking monetary damages ranging from $500 to millions. Many think they are in the clear because they left the image selection to their web developers. Wrong! You are all in it together. Anyone in the chain of evidence can be held responsible. So, why are so many companies paying the money to settle these claims? It’s because the minimum cost (per side) to litigate intellectual property claims exceeds $200,000.
The only consensus in the room was, that we need to plan more programs that will help South Florida’s corporate and legal marketers avoid costly intellectual property infringement claims.
Boardroom Communications is proud to support the Legal Marketing Association– to learn more about the LMA and its programming, please contact Boardroom Vice President Jennifer Clarin.