PR 101 Lesson #66 The days of the free range web are coming to an end
Jeff Cole | July 12, 2010About 20 years ago, my wife and I saw a t-shirt vendor get busted in the parking lot of the old Milwaukee County Stadium. We were there to see Elton John perform. The vendor was arrested because he didn’t get permission to use Elton John’s face or logos. He violated Elton John’s trademarks and copyrights.
I think the Internet is heading the same way. In fact, it has already started. YouTube used to allow anyone to post anything – including copyrighted material. No one sued for the simple reason that YouTube had no money. When Google purchased YouTube, all of the copyrighted material was taken down. The reason for the reversal was simple. Google has lots of money. Pots of money as big Google has make litigators drool. Google knew the owners of those copyrights would come after them.
Companies and organizations work very hard to build and maintain their brands. Those organizations want to maintain as much control over what they created. They don’t want their messages distorted by an outsider, no matter well meaning that outsider might be.
Plus, those logos mean money. Why do you think an official league jersey costs so much? Everybody gets a cut.
Now I know the social media argument about companies having to be willing to give up some control of their image. I make those arguments and I understand their relevancy. It reflects the major change that is happening in marketing – companies no longer can rely on looking for customers, customers have to find them.
More and more businesses get that. They understand they have to provide the right offerings to attract their customers. However, more and more companies and organizations are also drawing lines about what the public can use.
Like any sports fan, I have joined Facebook pages of the teams I back. I looked at some of those pages. On a fan page for the Green Bay Packers, there is the Packers helmet. I cannot tell if the site is blessed by the Packers. I don’t know if the people who created the page realize this, but the Green Bay Packer “G” logo is trademarked.
This is nothing new, by the way. When George Halas founded the Chicago Bears right after World War I, he paid Carroll College in Waukesha, Wis. $100 to be allowed to use the now famous Bears’ “C.” It was Carroll’s logo first, they owned the rights, and Halas had to get permission to use it.
Now, I realize that much of the use of logos, trademarks and other such things is often perfectly innocent. Fans just want to show how much they love their team or their automobile. The law does not make that distinction though.
What has saved both groups, so far, is that the Internet has been the Wild West of the law. Meaning currently there is not a lot of law governing this kind of thing. But there will be. Eventually, national and international courts will establish guidelines on the use of logos and other proprietary material. Treaties will be negotiated and boundaries will be drawn.
Like the Wild West, eventually the Internet will be plowed, fenced and “civilized.” The free range will be taken away.

