Call it friendly fire. An agency art director posts an unsanctioned version of a TV ad for a client on his personal website to enhance his portfolio. It was the cut he worked on and fought for—even if that particular version didn't make the cut.
Social marketing has always seemed dangerous for brands, and that's simply because things can go badly in real time. We've all seen the #fails.
When you're the social media manager for a brand, a celebrity being photographed with your product is probably the best and worst thing that can happen to you. It's a PR dream and an intellectual-property nightmare.
UPDATE: We've received responses from both Survival Magazine (which is online only had says it has no print edition) and the photographer. You can read their statements at the bottom of this post.Original item below:How should you respond if a photographer says you're using her photo without permission? Probably not by calling her an asshole.Kathy Shea Mormino, proprietor of the popular backyard chicken site The Chicken Chick, says that's what happened to her when she tried to get one of her photos removed from Survival Magazine's Facebook page and blog.On her own business' Facebook page, Mormino shared a screenshot of an email she received from the magazine with the subject line "You're an asshole Kathy." The note also called her "a complete and total jerk" and threatened to come after her for up to $10,000 in legal fees. The magazine's email called her action a "false take down" and noted "we will be contacting all your sponsors."Here's how Mormino (whose LinkedIn bio says she's also an attorney) described the situation to her 133,000 Facebook fans:A fan alerted me yesterday that someone removed my watermark from my photo & used it without permission on their blog and Facebook page, so I sent them an email AND FB message requesting that they remove it. They ignored me & deleted my FB request, so I reported the copyright infringement to the Internet Police who took it down for them. THIS is the email I just received from Survival Magazine. What on earth is WRONG with some people?! Please feel free to let them know what you think of that.Her supporters say they posted several incensed comments on the magazine's Facebook page, only to have all the comments removed. The page currently does not allow any "posts by others" and seems to be removing comments about the issue when they're posted to the magazine's other Facebook activity.We reached out to both Mormino and Survival Magazine early today for comment and will update if we hear back.UPDATE: Survival Magazine tells Adweek that Mormino never contacted them about the photo but instead complained to Facebook. One of its contributors sent the email to Mormino, the magazine claims, "not in response to any contact from her but in response to her complaining to facebook about several of our posts that had nothing to do with her chickens or her content. She was doing malicious stuff. She filed take down notices on about 10 of our posts that custom content created by us and had nothing to do with her."The magazine also claims that the watermark was never removed from the photo, and that the photo was removed "immediately" after the magazine was notified of Mormino's Facebook post, not because she contacted the magazine.Survival also confirms it shut down its Facebook page because of the ordeal.UPDATE 2: Mormino reached out to Adweek late Friday to provide the following screenshots and comment. She denies Survival Magazine's portrayal of events, saying she only filed a take-down notice with Facebook for her photo and no other content. To disprove the site's claims that "she never ever notified us, not once," Mormino provided the following screenshot of her original Facebook comment notifying them of her copyright:Mormino also sent Adweek copies of the original email she received from Survival Magazine calling her an asshole. Here is the complete text:For someone who raises chickens you're a complete and total jerk, you have cost us hundreds of dollars in promotions of our posts, and we will be sueing you to recoup that and legal fees which are estimated to be between 5-10k. What an asshole with nothing better to do than go around the web filing false take down notices. We will also be contacting all of your sponsors.In addition, Mormino sent us Facebook's confirmation notice for the removal of the chicken photo, which she says it's the only content she filed a take-down request for.After the jump, you can read Mormino's full statement:
Despite the best efforts of Internet service providers, advertisers and ad networks to stop copyright infringement on the Internet, piracy is still a runaway train.
Victoria Espinel, the nation's first copyright czar, stepped down from her role four years after she was confirmed as the U.S. intellectual property enforcement coordinator. Her last day was Friday.
The White House intends to reach out to search engines, data storage services, and domain-name registrars to adopt a set of best practices for protecting U.S. intellectual property.The action item was one of many outlined in the Administration's 98-page annual report on IP enforcement.
A number of lawmakers have taken to the Internet to crowdsource ideas for laws and policy. The latest is Rep. Zoe Lofgren (D-Calif.), who is using the Reddit community to help her craft a proposal to protect websites accused of copyright infringement.