Saga - Portland Continues to have difficulty understanding

[adbuyer1]

Copyright infringement for commercial advertising purposes. In this case, a commercial advertisement currently on the air for RSVP Beverage promoting the purchase of a German Chocolate Beer using the name Rex Ryan, Danny Woodhead, corporate entity Jets, slogan - J-E-T-S, J-E-T-S, JETS, JETS, JETS etc along with the "Pats versus the Jets" game on Monday night.

"Any person knowingly using another name, brand entity, signature, photograph or likeness, in any manner, for the purpose of advertising or selling, or soliciting purchases of, products, goods, service or merchandise without such prior consent, is in violation of copyright laws and shall be held liable for all damages........"

It is startling that there is no one aware of these copyright violations, FIVE OF THEM, in just one ad currently being aired on Western Avenue. Copyright infringement jus doesn't come as blatant as this.

 

[Underminer]

Are you still on this? Why don't you just tell somebody in the NFL already? Or better still, sue them yourself?

 

[adbuyer1]

Putting a client in legal risk is somehow ok, cool or acceptable? This is your response? I'm sure RSVP will find out the risk they have been put in. Maybe they'll appreciate it. Maybe not.

 

[NHRadio]

They're not stupid. My bet is they understand just fine...what are the odds of getting busted? Even if they do...proving actual damages would be difficult at best. Saga gets a cease-and-desist order, pulls the spot, and that's the end of it.

 

[adbuyer1]

NH Radio -

It would be more than just cease and desist. It would be write a check(s). If contacted by legal representatives for Rex Ryan or Danny Woodhead the discussion would be how much they have to pay for the use of their names without previous authorization or compensation. It's about how big of a check they have to right and how many times they have to write checks since there are multiple infringments occuring in this particular ad.

Small, local Advertisers (who think they'll never get caught) get caught infringing and having to pay quite often. More than you may think.A lot more. Just google "copyright infringement in commercial advertisements".

 

[Chuckigo]

Adbuyer - "Continues???" you haven't yet made a valid a point to indicate a pattern of any potential infringement. Your previous assertion was very straight-forwardly cleared up by me - and surprise surprise - you chose not to say "ooops - my bad" in any way, shape or form.

Not downplaying your point in general - I do understand the concerns. Legit.

However.... whatever happened between you and Saga must have been incredibly bad for you to break out the angry mob, torches and pitchforks when you can... ooops - did i just draw a comparison to any one of a number of stock Hollywood motion pictures including Young Frankenstein ? "ooops - my bad." (see how easy it can be to say/type that?)

 

[Underminer]

Perhaps Adbuyer should be sued for impersonating someone who knows what he's talking about!

 

[adbuyer1]

Chuck

I certainly don't doubt you have some big knockers; you clearly don't understand copyright laws in any manner.  I was not wrong, there was simply no reason to continue the discussion.  Coyright laws protect "likeness" and "similarities".  Changing a note in a Johnny Cash song does not allow it to be used.  It's stealing someone's work.  Composers and songwriter's challenge each other whenever there is too much similarity between two musical compositions.

Why don't you take five minutes early tomorrow morning and ask Ken about copyright laws and how they protect "likeness".  Maybe he can give you some guidance so you'll understand how repeated copyright violations are occurring at Saga.

I've never worked for Saga in my life. I am simply stunned by a company that likes to beat it's chest, starting right at the top, of how they are quality broadcasters are violating copyright laws left and right in Portland, Maine.

 

[Chuckigo]

Adbuyer - how many copyrights do you hold? I hold a few, so I do know something about copyright law and infringement.

if you are so upset about this - blow the whistle, be a hero. but don't stop here. i suggest you take every other radio station down with you as we all subscribe to production music services that are very carefully vetted to fall within the letter of the law in their production music compositions or else they'd really not be in business. the courts have ruled on items such as these and everyone seems fairly happy about it.

as to the football team from new york who shall remain nameless lest i be brought to task - i hope they lose.
as to you - your cave: go back in.

 

[oldrover]

This is a mea culpa on my part. I write this series of ads... and at the beginning was very mindful not to mention team NAMES or the NFL itself. (player's and coach's names are OK, i.e. Brady, as are city names like Indy or Buffalo... you can even say the J-E-T-S ;D ) But the team names are indeed copyrighted. Future ads shall not include them. Thanks for the reminder.

 

[Seltzer]

With the likelihood of labor strife and a cancelled 2011 NFL season ahead, this whole discussion is pointless. Chance of any lawsuit is pretty nill. The owners need to decide if replacement players will be needed.

 

[Deleted User]

and soon it will be time for the annual "we can't use the words Super or Bowl in promoting anything related to a certain game played with a pigskin ball in late January" fiasco, so get on down to your local store and stock up on Budweiser for "the big game", come on down to Larry's TV and smoke shop for that big LED TV you didn't get for Christmas and we'll deliver and set it up for you in time for "the big game", hey try some soup in a bowl for the halftime feed during "the big game" ( phone rings, caller ID says NFL Legal Dept, "Hello" says I, and then I hear " you can not use soup or bowl or we'll sue you") re writing copy.... Have a cup of Chili during the big game 50 percent of the game has been played show...