[arg_discuss] TOW: Have you ever consulted a lawyer before you didsomething ARG-related?

[Mike Monello]

Yes, the question seems very broad. Here's my advice for dealing with a lawyer:

If you have any ability to choose the lawyer you consult (probably not if you are doing something for a brand) then go with an entertainment lawyer. Good entertainment lawyers will work to help you accomplish what you want to do while minimizing legal risk as best as possible. Corporate lawyers, on the other hand, are only focused on protecting clients, so they tend to just say "No" to anything that sounds risky or untested, and they generally will not work with you or offer solutions.

You need to work with a creative lawyer whose focus is on minimizing risk rather than eliminating all risk. I'm assuming if you are completely risk adverse, then you wouldn't be thinking about doing something ARG related in the first place!

Best,

Mike


On 2/24/09 9:13 AM, "Brian Clark" <bclark at gmdstudios.com> wrote:

Such a big nebulous question, Adam, but the answer is almost always "yes".
In commercial campaigns, I would replace "consulted" with "sparred with" as
it takes quite a bit of education to get them to understand the unique
situations here (and frequently that battle starts with whether content or
advertising law is the appropriate framework for risk evaluation.) In the ad
agency tradition, the agency is contractually obligated to deliver ZERO
legal risk to their client, so they require the same from their venders --
the uncertain legal framework of ARG-related activities make that a constant
challenge.

On non-agency work, "consulted" is far more appropriate -- there, the test
is more about risk management not risk elimination, so understanding what
kinds of claims could be made against you (and how you would defend against
them in a way that made you a less attractive target) becomes the key.

Did the person who posed that question have anything more specific in mind?

-----Original Message-----
From: arg_discuss-bounces at igda.org [mailto:arg_discuss-bounces at igda.org] On
Behalf Of Adam Martin
Sent: Monday, February 23, 2009 11:35 AM
To: Discussion list of the IGDA ARG SIG
Subject: [arg_discuss] TOW: Have you ever consulted a lawyer before you
didsomething ARG-related?

(Topic of the Week - some open-ended interesting question. Suggestions
on a postcard (or just email me) welcome for future topics...)

Adam
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---
Mike Monello
Partner, Campfire
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