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

[Mike Monello]

I've never gotten into legal trouble, but lawyers I've worked with have been less worried about physical events and more concerned with things like clearing the names of characters (especially bad guys), clearing the use of names and locations that you use (in text, or images, not just as locations), and basically how you mention or use any product/name/location that does not belong to the client.

For example, on Audi, we were not allowed to refer to "The Police" "Cops" "FBI" "Interpol" or any other official branch. That's why the characters always used the generic term "the authorities." Yes, it gets that stupid sometimes!

If you do live events, they will demand protections through your liability insurance and once they have that they don't care about physical events.

-Mike


On 2/24/09 4:29 PM, "Markus Montola" <Markus.Montola at uta.fi> wrote:

As a follow-up to Adam's question, has anyone ever gotten into legal
trouble with an ARG element that was not physically staged somewhere?
For emails, television features, websites, video clips or stuff like
that?

To me it would appear that the physical installations are where the
most legal risks are, unfortunately. If you keep libel, slander and
naked flesh out, it's unlikely to get sued over something that happens
in the Internet. Correct me if I'm wrong.

(Let's assume that credible legal threats done through lawyers is
where "legal trouble" starts. :-)

  - M


> 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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>




  - Markus
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---
Mike Monello
Partner, Campfire
62 White Street, 3E
New York, NY 10013
212-612-9600
http://www.campfirenyc.com