Influence This

If we publish, we promote. There's no avoiding it.

If we have assistance, increasingly, it has to be willingly given (or subcontracted), and the willingness has to be properly defined with waivers and contracts.

We cannot --or should not-- snag or take an image of a famous person or character, and exploit it without permission for our own profit and fame.

Take broadly smiling Borat, for example. Or to be more precise, do not take Borat.
https://ipandmedialaw.fkks.com/post/102h2vi/borats-subsequent-litigation-lawsuit

Edward H. Rosenthal, blogging for for Frankfurt Kurnit Klein + Selz PC   discusses a variety of copyright-related claims brought by the actor Sacha Baron Cohen against a Massachusetts based Cannabis dispensary which used his image as the Borat character on a billboard, in total disregard for Mr. Cohen's rights, reputation, and feelings.

Motorists glimpsing the billboard might be given the false and misleading impression that Mr. Cohen willingly and probably profitably endorsed the dispensary's product.

As Edward H. Rosenthal points out, "No matter how this one turns out, it is very risky to make commercial use of a celebrity's image...."

For what it is worth, it is probably risky to profit from any photograph or video taken of an unwilling subject.

Most authors have blogs specifically for marketing/promoting our works.

David O. Klein  of   Klein Moynihan Turco  LLP  has some very good advice about using blogs and social media for marketing which is well worth reading.
https://kleinmoynihan.com/promotional-marketing-concerns-associated-with-online-and-mobile-media/

Beware of posting fake or paid reviews of your own work. Or of someone else's work!

Proper disclosure will protect the blog or website owner from the appearance of deceptive marketing. Bloggers are not expected to be paid spokespersons.  Is this a concern for hosts of blog tours?  Presumably, it is not, if the hosts are not paid, but what if they are paid?

Mr. Klein's focus is not an authors, but he summarizes the most interesting updates too the FTC's  Guides Concerning the Use of Endorsements and Testimonials in Advertising. 

Authors must disclose clearly and quite prominently what the author stands to gain in connection with writing/posting same.

Also, "The guidelines also make clear that fake testimonials are strictly prohibited and, when using an authentic testimonial, the blogger or writer must not edit or change it from the original in any material way."

What does that do to the long-standing tradition of taking the most fulsome "snip" from a lengthy review?

Not many authors can afford to hire an influencer, but, if one does so, one must do it right. 

Marcus Lee  blogging for  Lewis Brisbois Bisgaard & Smith LLP offers six great tips for engaging an influencer.

https://lewisbrisbois.com/blog/category/labor-employment/top-6-legal-issues-for-influencer-agreements

And also three things to consider if hiring a model
https://lewisbrisbois.com/blog/category/labor-employment/three-things-to-consider-before-hiring-models-for-your-marketing-campaign

Finally, from the UK, legal blogger Astrid Arnold representing Stevens & Bolton LLP  shares a bit of good British news for someone who contributed mightily to the development of a movie, but did not get credit or a fair share of the writing royalties.
https://www.stevens-bolton.com/site/insights/articles/getting-the-right-credit-on-imdb
  

All the best,

Rowena Cherry 

SPACE SNARK™ http://www.spacesnark.com/  http://www.rowenacherry.com

On The Shady Side... Of Green

Greenwashing has been a "thing" for some time. Now shareholders are making proposals based on it.

What is greenwashing? My spellcheck doesn't like the word. Apparently, it is the environmental equivalent of whitewashing, and it's been in use for thirty years.  With whitewashing, one spins something "bad" to sound "not so bad".  With greenwashing, one spins something not environmentally friendly to seem... environmentally responsible. It's mostly a PR and honest advertising issue. It may involve oxymorons such as "clean diesel", maybe "clean coal", and "100% organic".

Legal bloggers for Jenner & Block LLP  Todd Toral and P. J. Novack penned an interesting explanation of greenwashing, and a groundbreaking attempt by Greenpeace and others to use the old Green Guides offensively against a Big Oil company for, allegedly, misleading consumers about the greenness and social responsibility of its work.

https://consumer.jenner.com/2021/04/does-novel-greenwashing-enforcement-action-portend-a-new-trend.html#page=1

Speaking of Honest advertising, the legal blogsphere is buzzing (a little bit) about dishonest influencers.  Apparently, the public is not smart enough to figure out that if a celebrity endorsement looks like for profit product placement, sounds like paid product placement... it most probably is a glorified advertisement.  The thing is, ones greenback-related motivations have to be disclosed every time, and perhaps the same goes for book promotion.

For the IP Law Watch blog of law firm K&L Gates of Boston, blogger Keisha Phippen discusses the topic of responsible influencing, and offers excellent and easy tips for how to avoid acting on the shady side of the law.

https://www.iplawwatch.com/2021/04/are-you-influencing-responsibly/

Finally, for today's loosely linked theme of shady doings, green stuff, money and deception is a great green gem about ransomware put out by Stephen Noel O'Connor of Leman.

Go here for the full article as a .pdf

https://thoughtleadership.leman.ie/post/102gt6m/leman-cyber-update-ransomware-explained

 

Or read the extract here:
https://www.lexology.com/library/detail.aspx?g=91e09e07-b9e4-4fab-ba95-b45f6fc5d453

Did you know that in some countries in may be illegal to pay ransomware? 

Oh, and if you got the letter from Kroger about their pharmacy records being hacked at Accellion, remember there is a time limit (window closes May 31st)  to take up that offer for 24 months of Experian "Identity Works" id theft coverage. Separately, American Anesthesiology was compromised in a phishing attack. It might be wise to freeze your credit (free to do, easy and free to undo as long as you retain your PIN).

Equifax 1-800-525-6285

Experian 1-888-397-3742

TransUnion 1-800-680-7289

 

 

All the best,

Rowena Cherry 

SPACE SNARK™ http://www.spacesnark.com/  http://www.rowenacherry.com

Mundane Psionics

Many characters in fantasy and science fiction possess psychic superpowers. They can read thoughts, view events at a distance or (maybe by touching an object) in the past, or see the spirits of the dead. In a sense, we don't have to fantasize about having such abilities, because we already do, sort of. Through writing, we can transmit our thoughts directly into the minds of other people we'll never meet face-to-face. While reading, we receive the thoughts of the writers, even if they died centuries ago. Film allows us to travel in time, in that it shows us scenes from the past. We can even see dead people in the prime of life. Through recording technology, we hear their voices.

Psychologist Steven Pinker, in "The Seven Words You Can't Say on Television" (a chapter in his book THE STUFF OF THOUGHT), speculates on why taboo words—profanity and obscenity—have been forbidden or restricted in most human cultures. Often against our will, "dirty" words force images into our minds that we may not want to entertain. Unlike eyes, ears don't have "earlids" to shut out objectionable sounds spoken by other people. Also, as he points out, "understanding the meaning of a word is automatic"; "once a word is seen or heard we are incapable of treating it as a squiggle or noise but reflexively look it up in memory and respond to its meaning." Language equals thought control. The official Newspeak dialect in Orwell's 1984 strives to make heretical thoughts literally "unthinkable"—at least as far as "thought is dependent on language."

Many fantasy novels postulate that magic depends on a special, often secret language. In one of my favorite series, Diane Duane's Young Wizards stories, learning wizardry consists mainly of mastering the Speech, the universal language of reality understood by all creatures, including those we ordinarily think of as inanimate. A wizard affects the world by using the Speech to persuade an object, creature, or system to change. However, some speech acts in the mundane world also alter reality. Enactive speech not only describes an event but makes it happen, e.g. taking an oath of office or uttering the words, "I now pronounce you husband and wife."

A prayer in the Episcopal Book of Common Prayer titled "For Those Who Influence Public Opinion" makes this petition: "Direct, in our time, we pray, those who speak where many listen and write what many read, that they may do their part in making the heart of this people wise, its mind sound, and its will righteous." A heavy responsibility for authors, especially in this divisive, volatile era!

Margaret L. Carter

Carter's Crypt

On Privacy, Your Rights, Others' Rights (and a Rant)

YOUR PRIVACY

September  25th 2016 is the last day to change your privacy settings to prevent What's App from sharing your phone numbers, contact lists, usage data, with Facebook. After Sept 25th, users will not be able to stop What's App sharing info with Facebook.

Facebook will use the info to "serve" advertisements to you and suggest friends.

What's App makes it a little complicated to find the mechanisms to opt out. The Electronic Freedom Foundation url walks you through the steps.

https://www.eff.org/deeplinks/2016/08/how-keep-your-whatsapp-data-whatsapp

In another blog, EFF explains why you might mind

https://www.eff.org/deeplinks/2016/08/what-facebook-and-whatsapps-data-sharing-plans-really-mean-user-privacy-0

Kudos to EFF. On this occasion. Mostly, I follow them because IMHO they are no friend to copyright owners.

YOUR RIGHTS

Are you a rightsholder? If you ever posted an original photo that you took... posted it on Facebook or Twitter, you are a rightsholder.

There are interests that would like to deny you your rights, and exploit your image/words/creation for their own exclusive benefit, if interested, read more here.

http://www.theregister.co.uk/2016/09/09/google_us_government_copyright/

The Trichordist.com (a go-to site for information relating to songwriters, who may be the canary in the coal mine for other writers) publishes a revealing article about copyright-threatening corruption within the current administration. 

https://thetrichordist.com/2016/09/10/like-a-meth-and-vodka-fueled-low-grade-stripper-google-doesnt-give-a-shit-and-goes-hog-wild-in-last-days-of-obama-administration/

(warning.... strong language! That is the Rant.)

OTHER PEOPLE'S RIGHTS AND YOU

Are you a Social Media influencer? If so, you may want to check out this article by Klein Moynihan Turco LLP about your legal liability.  If you are paid for your blogs and posts, you may be wealthy enough to sue

http://www.lexology.com/library/detail.aspx?g=6d45ba18-b953-4ae4-999c-2e8241cbfcd0&utm_source=lexology+daily+newsfeed&utm_medium=html+email+-+body+-+general+section&utm_campaign=lexology+subscriber+daily+feed&utm_content=lexology+daily+newsfeed+2016-09-08&utm_term=

 Biggest take away, watch out when re-posting/sharing/retweeting photos and names of real people. They have Right of Publicity.

All the best,

Rowena Cherry