Post by Greg White, CFA

Ok, I want to preface this by saying I think this is a creative and fun piece, these guys are funny, they get the meme-style clearly, and of course Rethink is truly a great agency. But this is where I get stuck with respect to IP use and how much creative leeway we actually get as commercial creators. This is a business. And so the purpose is commercial. It isn’t satire, it isn’t commentary, it’s business. So, IP lawyers out there… Is the use of the SNL theme IP infringement? Is the use of the Price is Right theme infringement? B2B marketers need to know! We need to understand what bounds our own creativity. Let’s face it, the success of the Internet as we know it today I think is built on IP infringement. It seems to me that the financial fruits of attention accrue to those that are willing to knowingly infringe on IP and just don’t care about any ramifications because there aren’t any anymore? When I was making non-commercial short films for festivals we would have to go as far as proving that art on the walls in the background of scenes were cleared for use or we couldn’t get screened! And I can tell you that the entire endeavour of short films is art for art’s sake. Money flows one way. Out the door. So tell me IP lawyer friends, what can businesses actually get away with when creating B2B content today????

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