Any communicator would do well to understand the complexities and nuances of licensing and clearance rights, issues that are becoming more pressing for communicators as companies leverage brands and products through third-party agreements.
Usually, you'll turn to licensing and clearance specialists to help streamline these arrangements. If you can allocate tasks to these middlemen, it will free up PR resources down the road.
Sports marketing firms handle what can be laborious negotiations with celebrity agents and handle logistics, such as drawing up contracts that determine what guidelines are acceptable for the duration of the relationship. They can also oversee tedious tasks, such as tracking down the bios and photos you need to build a resume on your defacto spokesperson. They might also become a long-term liaison for deciphering what controversial celebrities might present an image risk (i.e., O.J. Simpson, Marv Albert).
PR Manages the Deal As Well
Reebok's group director of public relations, Dave Fogelson, stays up-to-speed on the company's countless partnerships and how they converge with its communication undertakings.
Those contracts include its licensing deal with Philadelphia 76ers player Allen Iverson to endorse apparel and footwear.
Iversons's agent must okay press releases and know of promotion, PR, marketing and advertising plans.
But Fogelson still must find fresh ways to cultivate good media relations. Last Fall, Reebok managed to attract high-level journalists to ride with Iverson on an Amtrak train. This gained publicity for its products through a roundabout news hook.
After renting a private Amtrak car, Reebok invited a select group of journalists (from outlets such as Slam, the New York Times and the Philadelphia Inquirer) to take a 90-minute train ride so they could converse one-on-one with Iverson. Fogelson says the corporation generated some positive ink from the junket.
Who's Driving the PR Train?
Communications borne out of licensing and clearance agreements can be far more restrictive than other genres of PR, especially if the third-party holds a trump card. Imagine what a nose dive a Web project would take if you built a theme around using Marilyn Monroe pictures to lure visitors only to find out you waited too long to get the contract you needed from her estate. Without rights, you can face a cease and desist order or a lawsuit.
Or consider that sports marketing agencies are looking to protect the interests of their clients who may not want to give you total control.
"Remember, we don't want our guy standing around in a clown suit," says Tom George, senior VP of Advantage International., McLean, Va. - based sports marketing company. "We work very closely with PR departments and we look to them to announce the strategy of the relationship, but we pay attention to three things: factual correctness, sponsor conflict and image protection."
Advantage International's client list includes gymnast Amy Chow, speedskater Bonnie Blair, American Express Invitational's Senior PGA and the Girl Scouts.
Clearing the Deal
Too often, companies forget that they must obtain permission for specific usage, says Jill Alofs, founder of Total Clearance. Although it won't reveal current PR projects, the company has worked with such powerhouses as the National Geographic Society and Johns Hopkins University to secure clearance rights.
Although hiring someone to handle clearance rights can cost several thousand dollars each time, companies like Total Clearance put in the hours and legwork. Alofs worked at LucasArts Entertainment Co. and founded Total Clearance over eight years ago, after establishing countless contacts.
It might take a novice days to hunt down who has the rights to a particular photo or estate, but Alofs has worked with a laundry list of professional guilds and unions and knows how to secure the rights to a wide range of content, from The Beatles to Bogart.
The advantage in using a clearance house is that it determines minimum-to-maximum use guidelines and oversees agreements based on how the information will be used and where it will be distributed. And for some reason, a clearance house's interest can also seem less threatening than a corporate lawyer's inquiry. Pros like Alofs approach it from a seemingly more relaxed environment, which can open countless avenues. (Advantage, 703/905-4495; Reebok, 781/401-5000; Total Clearance, 415/389-1531)
The Shutterbug Deal
When considering the re-use of photos for a project or event, here are a few key questions to ask. Be sure the following terms are included in your agreement with the rights holders.
- What will the photos be used for and in what media (internationally or domestically) will they appear?
- Do you have the rights to use the photos exactly as you intend and for the length you intend?
- Will you alter the photos in any way and if so, do you have permission to do this from the copyright holder as well as those depicted?
- Did you acquire the photos from a stock agency? If so, do you have only the photo's copyright persmission from the agency or are photographer's rights included in your agreement and fee payment? Often the rights for logos, trademarks or celebrity images are not included in the agency permission. You need to acquire these rights on your own.
- Do you understand how to locate these rights holders and what terms should be in your agreement and what would be a "good" fee payment and what you may have to pay for these additional rights?
Source: Total Clearance