Although the tweet was almost certainly not sanctioned by Nokia’s marketing team, it highlights the importance of carefully managing not only access to a brand’s social profiles and establishing clear guidelines for people who do have access to those profiles explaining what acceptable behaviour and content are because whatever is published using those platforms is going to be perceived as representative of the brand to some degree. Aside from the obvious reputational smear, consider the economic impact of a brand that is perceived to have taken a strong stand against its customers, especially at a time when it is undergoing considerable transformation.
PPC lead generation is a search-based lead generation technique which leverages search terms to surface (preferably) relevant ads in search results. When you click on those ads you are often taken to landing pages where you have the option of submitting your details to a company so it can get in touch with you about its products and services. It’s a pretty smart marketing option because it begins with the premise that you are searching for what the company offers. It is also a potentially risky proposition for brands that fail to implement adequate privacy protections.
The Tobacco Products Control Act emerged from a complex social and health policy framework and although the Control of Marketing of Alcohol Products Bill may not have quite the same overhead, we could see similar advertising restrictions imposed (this is pure speculation as we will likely only have clarity on the regulatory framework once the Bill approaches its final form). If these restrictions resemble those in the Tobacco Products Control Act, we could see virtually every means of advertising or promoting alcohol beverages being prohibited.
One of the concerns about Woolworths' hummingbird scatter cushions is that the retailer used text from a Wikipedia article about hummingbirds as a background to the hummingbird image which attracted most of the attention in the controversy which raged over the weekend.
The allegation that Euodia Roets is a hypocrite for misappropriating RW Scott's photograph as the basis for the sketch she contends Woolworths, in turn, misappropriated ignores a few important issues. First, was Ms Roets' sketch actually an infringement of RW Scott's photograph? Secondly, Woolworths' failure to comply with the Creative Commons license Wikipedia applies to its content could have profound implications for Woolworths. Lastly, this debate highlights a remarkable degree of ignorance of the law in the digital marketing and creative industries.
I thought I'd explore some of the legal themes that have emerged from this #HummingbirdGate story even though the story has since developed further and doesn't seem to be quite what everyone assumed it was in the first place. Two major legal themes are copyright infringement and unlawful competition.
One day, not too long ago, a young artist named Euodia was invited to contribute some of her work to a product range a local merchant called Woolworth was putting together. The two met frequently and Euodia was pretty excited about the prospect of her work being added to Woolworth’s inventory, he was well regarded in the area and all the local farmers saved for months to buy his goods.
A number of Facebook users have reported instances of Facebook cloning. We took a look at this wave of attacks, came up with a couple theories, ran a survey and have a few suggestions for securing your profile.
This talk by Andy Baio presents a realistic and sobering perspective on modern copyright disputes. As he points out, being on the right side of the law may not be enough when you are faced with high legal fees and better funded opponents. http://vimeo.com/62839607