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Super Bowl copyright

B

bigwoody

Guest
In case someone out there wants to stick it to the competition.

Copyright applies to local AND agency spots not officially licensed to use the terms, as well as station promotions, ie, Super Bowl bar nights, Super Bowl Home Invasions, etc, etc, All no-no's.



http://www.rab.com/public/rst/rst_new/rstarticle.cfm?id=877&type=article2


Super Bowl or Bust

"The Big Game" is coming up Sunday, February 5th, and unless your client is an official NFL Super Bowl Sponsor (meaning licensed by the NFL), then "The Big Game" is ALL it can be in their commercial on your airwaves. Or "The Big Game in Detroit." Or "The Professional Football Championship Game this Sunday."

Not exclusive to commercials. Same goes for station promos, websites, liners, POP, etc. UNLESS you are officially tied to a licensed Super Bowl promotion with a licensed Super Bowl sponsor, like Diet Pepsi or whomever.

You see, under federal law, the NFL retains the exclusive right to control marketing of the Super Bowl and its associated trademarks, including the phrases "Super Bowl," "Super Sunday," "National Football League," "NFL," and the NFL shield and Super Bowl logos. The NFL and the individual teams also own federally registered trademarks for the team names, nicknames, and uniform and helmet designs. Further, the NFL also owns the trademarks for "National Football Conference," "American Football Conference," "NFC," and "AFC." Without permission from the NFL, a Radio station, commercial, or client cannot legally say any of these protected words or use these protected logos in their marketing or promotions.

So what can you say? Well, "The Big Game" is okay. As well as, "The Professional Football Championship Game this Sunday, February 5th." You also can mention the names of the cities/areas involved, but NOT the team names.

Also, you CAN make fun of the fact that you can't say certain phrases by beeping them out. Might make for a good bit.
<P ID="edit"><FONT class="small">Edited by bigwoody on 02/02/06 05:09 PM.</FONT></P>
 
> In case someone out there wants to stick it to the
> competition.
>
> Copyright applies to local AND agency spots not officially
> licensed to use the terms, as well as station promotions,
> ie, Super Bowl bar nights, Super Bowl Home Invasions, etc,
> etc, All no-no's.
>
>
>
http://www.ra> b.com/public/rst/rst_new/rstarticle.cfm?id=877&type=article2
>
>
>
> Super Bowl or Bust
>
> "The Big Game" is coming up Sunday, February 5th, and unless
> your client is an official NFL Super Bowl Sponsor (meaning
> licensed by the NFL), then "The Big Game" is ALL it can be
> in their commercial on your airwaves. Or "The Big Game in
> Detroit." Or "The Professional Football Championship Game
> this Sunday."
>
> Not exclusive to commercials. Same goes for station promos,
> websites, liners, POP, etc. UNLESS you are officially tied
> to a licensed Super Bowl promotion with a licensed Super
> Bowl sponsor, like Diet Pepsi or whomever.
>
> You see, under federal law, the NFL retains the exclusive
> right to control marketing of the Super Bowl and its
> associated trademarks, including the phrases "Super Bowl,"
> "Super Sunday," "National Football League," "NFL," and the
> NFL shield and Super Bowl logos. The NFL and the individual
> teams also own federally registered trademarks for the team
> names, nicknames, and uniform and helmet designs. Further,
> the NFL also owns the trademarks for "National Football
> Conference," "American Football Conference," "NFC," and
> "AFC." Without permission from the NFL, a Radio station,
> commercial, or client cannot legally say any of these
> protected words or use these protected logos in their
> marketing or promotions.
>
> So what can you say? Well, "The Big Game" is okay. As well
> as, "The Professional Football Championship Game this
> Sunday, February 5th." You also can mention the names of the
> cities/areas involved, but NOT the team names.
>
> Also, you CAN make fun of the fact that you can't say
> certain phrases by beeping them out. Might make for a good
> bit.
>


That's a pretty well known fact among media types. But did anyone else catch Wayside Furniture flagrantly advertising their "Superbowl Sale" this week on the local networks? I mean it's one thing to hear some dive bar accidently slip it in on a podunk radio station at 2am... but come on, Wayside during the evening news??? I have a feeling a cease and decist came pretty quickly on that one.
 
> > In case someone out there wants to stick it to the
> > competition.
> >
> > Copyright applies to local AND agency spots not officially
>
> > licensed to use the terms, as well as station promotions,
> > ie, Super Bowl bar nights, Super Bowl Home Invasions, etc,
>
> > etc, All no-no's.
> >
> >
> >
> http://www.ra>
> b.com/public/rst/rst_new/rstarticle.cfm?id=877&type=article2
>
> >
> >
> >
> > Super Bowl or Bust
> >
> > "The Big Game" is coming up Sunday, February 5th, and
> unless
> > your client is an official NFL Super Bowl Sponsor (meaning
>
> > licensed by the NFL), then "The Big Game" is ALL it can be
>
> > in their commercial on your airwaves. Or "The Big Game in
> > Detroit." Or "The Professional Football Championship Game
> > this Sunday."
> >
> > Not exclusive to commercials. Same goes for station
> promos,
> > websites, liners, POP, etc. UNLESS you are officially tied
>
> > to a licensed Super Bowl promotion with a licensed Super
> > Bowl sponsor, like Diet Pepsi or whomever.
> >
> > You see, under federal law, the NFL retains the exclusive
> > right to control marketing of the Super Bowl and its
> > associated trademarks, including the phrases "Super Bowl,"
>
> > "Super Sunday," "National Football League," "NFL," and the
>
> > NFL shield and Super Bowl logos. The NFL and the
> individual
> > teams also own federally registered trademarks for the
> team
> > names, nicknames, and uniform and helmet designs. Further,
>
> > the NFL also owns the trademarks for "National Football
> > Conference," "American Football Conference," "NFC," and
> > "AFC." Without permission from the NFL, a Radio station,
> > commercial, or client cannot legally say any of these
> > protected words or use these protected logos in their
> > marketing or promotions.
> >
> > So what can you say? Well, "The Big Game" is okay. As well
>
> > as, "The Professional Football Championship Game this
> > Sunday, February 5th." You also can mention the names of
> the
> > cities/areas involved, but NOT the team names.
> >
> > Also, you CAN make fun of the fact that you can't say
> > certain phrases by beeping them out. Might make for a good
>
> > bit.
> >
>
>
> That's a pretty well known fact among media types. But did
> anyone else catch Wayside Furniture flagrantly advertising
> their "Superbowl Sale" this week on the local networks? I
> mean it's one thing to hear some dive bar accidently slip it
> in on a podunk radio station at 2am... but come on, Wayside
> during the evening news??? I have a feeling a cease and
> decist came pretty quickly on that one.
>

You'd be surprised, even in some larger markets, tv and radio.


No reason for it to slip thru at 2am on radio, nor is there a reason for it to be on tv. Individuals at both stations aren't doing there jobs.

I had three spots pulled off the air that slipped by my Prod people. I had them eihter edit "Super Bowl" or "Super Sunday" out of the spot, with client being notified, or the client had to have the spot re-cut. One of the spots was from an AGENCY. I toldt the rep who had me edit "SB" out of the spot.

Had a local client the other day with NFL verbage throughout his script. I told him he couldn't use any of it and that it had to be re-written. He was NOT happy. I didn't care. I was cordial, but strict.

Then, he had licensed music ,from an obscure artist (doesn't matter) that he wanted for the bed. I told him he couldn't use it. I tried to explain in layman's terms copyright and licensing. He was like "...I've been using this for years..". My rebuttal..."I wasn't here then". Essentially a new sheriff in town.

The ABC affiliate in my market, which is carrying the Super Bowl, was running a local jeweler's spot the other day for a "Super Bowl Sale". The ABC affiliate should know better. They also were running a SB Sale for a local bridal show.

I find local tv stations aren't quite up to snuff as one would imagine. The same affiliate here last summer ran a spot for a local nursery using the oldie tune "Sandman". Now, "Sandman" probably doesn't cost much to use, but I'm 90% sure that they didn't pay for it. The VO on the spot was the ABC In-house Prod/Creative guy. So that means the ABC affiliate produced the spot!

Whomever is in charge of Prod/Creative at this affiliate, as well as the station in Cleveland, apparently is not aware of copyright/licensing, or worse, doesn't care. Which puts the station(s) and clients at risk. I for one have no issue telling a client they can't use copyrighted material (I rather enjoy telling them, lol!). I'm not worried about losing the revenue. Better than my gig.

If I hear a competitor using copyrighted material in spots, or in promos that is not permissible due to copyright (ex: Godzilla sfx, Buffer's "Let's Get Ready to Rumble" are not permitted, even in station promos) then I'll bust the statin for it. Since I play rough I need to keep things straight on my end.<P ID="edit"><FONT class="small">Edited by bigwoody on 02/04/06 04:34 PM.</FONT></P>
 
> That's a pretty well known fact among media types. But did
> anyone else catch Wayside Furniture flagrantly advertising
> their "Superbowl Sale" this week on the local networks? I
> mean it's one thing to hear some dive bar accidently slip it
> in on a podunk radio station at 2am... but come on, Wayside
> during the evening news??? I have a feeling a cease and
> decist came pretty quickly on that one.

There was a big issue this time last year with the above named client and their superbowl sale spots that were running. Guess its ugly head came back up again this year. Some clients (and account execs) don't seem to learn!
 
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