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

[Evan Jones]

Yes, I have had some memorable discussions about legality and risk. :)

You do have to look at it from their perspective - the system is built on
precedents and when you claim you're doing something literally
'unprecedented' it does make the blood boil with panic.  I find it's very
important to speak to 'industry best practices' and have tangible examples
where this (relatively) new concept has been executed without invoking
Armageddon.

It's also very important to understand corporate structures early on in this
discussion.  In some cases the legal team may be one of the owners of the
client company, or the system may be structured with the legal team acting
as a firewall to external risk and middle management has no recourse.  In
some cases the company has a legal 'advisor' who can be instructed by a
superior to loosen the standard risk reduction in exchange for something
daring.

If your project is planning to push the envelope at all, then there are two
options - the great ideas you've got are acceptable or they're unacceptable
(from a legal point of view). I find it's worth including a partner's
counsel early on while scoping the project, so that we see these issues
early on.

Evan


On Tue, Feb 24, 2009 at 10:58 AM, Mike Monello <mmonello at campfirenyc.com>wrote:


> 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

> 62 White Street, 3E

> New York, NY 10013

> 212-612-9600

> http://www.campfirenyc.com

>

>

>

>

>

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