IP Law

Using tweets as ads: Lessons to learn from the “inside Llewyn Davis” controversy

The promoters of the Oscar contender movie Inside Llewyn Davis, created controversy earlier this year. They used the tweet of well-known film critic AO Scott to promote the movie in a New York Times ad.  They did this despite Scott refusing to give them permission. The controversy was fortunately amicably resolved. If, as a minimum, you consider the following two [...]

By | 9th July, 2015|IP Law, PPM Attorneys, Social media law|

Does your client really own the content from that successful social media campaign you just ran?

There have been a few really good user-generated content social media marketing campaigns recently.  A quick and informal survey of a the terms and conditions of a number of these marketing campaigns showed some lack of understanding regarding whether ownership (copyright) in user generated content could be transferred to advertisers by users simply accepting terms and conditions electronically. User generated [...]

By | 5th May, 2014|Commercial Law, IP Law, PPM Attorneys, Social media law|

Social media images and videos – when can you use them??

So you found a Facebook photo or a Twitter image or perhaps even a YouTube video that you really like – can you use it?? Perhaps you’re a freelance writer or a BBC journalist or just a young artistic kid with a YouTube page. Do you know what the legal restrictions are when it comes to making use of other [...]

By | 24th April, 2014|IP Law, PPM Attorneys, Social media law|

How much do you think a twitter picture will cost you??

In recent days, a federal jury ordered two media companies to cough up a total of $1,2 million in damages to a freelance photojournalist pursuant to their unauthorised usage of his Twitter photographs. The agencies in question – Agence France-Presse and its American partner, Getty Images. It would therefore appear that persons and entities, big and small are still unaware [...]

By | 5th December, 2013|IP Law, Media Law, PPM Attorneys, Social media law|

How trade mark infringement may cost you millions

Trade mark infringement is becoming more and more popular. Advertising agencies fail to advise their clients of the possible legal battles they may be faced with if they make use of registered trade mark in adverts without the owner of that trade mark’s consent. Smartphone giant, BlackBerry recently lodged a successful complaint against Liqui-fruit, for using the slogan BlackBerry, to [...]

By | 30th May, 2013|Advertising law, IP Law, PPM Attorneys|

Is your intellectual property protected over the internet??

In today’s modern era of media and technology, it is quite surprising that the South African law on copyright and intellectual property has fallen behind its international counterparts, as it still does not provide for technological developments such as the internet. A vast amount of material such as music, program, video, art, literary works, graphics etc. are but a click [...]

By | 30th May, 2013|IP Law, Media Law, PPM Attorneys|

International domain dispute success: bigbrotherafrica.com is back in its owner’s hands

A brief background Endemol South Africa (“Endemol SA”) produces Big Brother Africa, a successful pan-African reality television program. Endemol SA, represented by PPM Attorneys, has just won an international domain dispute before the World Intellectual Property Organisation’s (“WIPO”) Arbitration and Mediation Centre. The history of the dispute went back to 2006 and related to the hijacking of the domain: bigbrotherafrica.com. [...]

By | 28th April, 2013|IP Law, PPM Attorneys|

What is an intellectual property audit and why is it important?

It is a well-known fact that companies that stock tangible assets do a stocktake of their assets at least once a year. So why are companies not doing it for their intangible assets i.e. intellectual property and why is it important to do so? How do you do a “stocktake” of intangible assets? An intellectual property audit (“IP Audit”) is [...]

By | 3rd April, 2013|IP Law, PPM Attorneys|

Customers’ frustrations due to the inefficiencies of the CIPC

The newly formed Companies and Intellectual Property Commission (“CIPC”), established “with the aim of promoting growth, employment, innovation, stability, good governance, confidence and international competitiveness.” Further stated on the CIPC’s website, is that it “seeks to assert the commission as a credible independent and transparent regulator, on par with the rest of the world.” We have to use CIPC to [...]

By | 1st March, 2013|Commercial Law, Company Law, Consumer Law, IP Law, Legal Practice, PPM Attorneys|

Domain Disputes

It is bad enough losing your domain to a stranger because you failed to renew it. Now imagine losing the dispute to regain it by failing to comply with the World Intellectual Property Organisation’s (“WIPO”) Rules. Imagine you come up with a brilliant concept for a reality TB show or a series. It is a hit and everyone wants to [...]

By | 1st March, 2013|IP Law, PPM Attorneys|