Fines for copyright infringement reveal risk reality

Last year, Legal PR Blog reported the Copyright Licencing Agency’s demand for firms to take out one of its licences.

Now the CLA appears keen to bear its teeth with the announcement that Brighton and Hove City Council has agreed to pay the agency an undisclosed sum to cover legal costs and retrospective licence fees as well as agreeing to take a CLA licence for the future.

The City Council has agreed to pay retrospective fees and future licencing charges

The City Council has agreed to pay retrospective fees and future licencing charges

In a statement issued today, the CLA said lawyers acting for the Council had originally told CLA that it was not at risk of copyright infringement as it operated a ‘no copying’ policy, but evidence gathered by CLA showed that the policy had not worked and infringement was taking place.

Martin Delaney, CLA’s Legal Director, was pleased with the outcome of the case saying,

“I am delighted that Brighton and Hove City Council has accepted that it should take a CLA licence. It is only fair that authors, visual artists and publishers should be compensated for the use of their copyright works”.

He also stressed CLA’s continuing determination to investigate any reports of possible copyright infringement and to pursue councils or any other organisations that do not have a licence, but should have.

A CLA licence is normally required by businesses or public sector organisations to allow reproduction of electronic or online publications, copying and emailing of press cuttings and articles or photocopying and scanning from print books, journals or magazines. Failure to obtain the appropriate permission leaves an organisation open to legal action from CLA.

CLA monitors organisations where it is believed that illegal copying is taking place and investigates reports of copyright infringement in the workplace provided by individuals. If an organisation is found to be infringing copyright, then in some cases, its officers and employees can be held individually liable.

Comment

This issue is likely to be of increasing significance to law firm marketers and PR agencies alike. In a marketplace where the reproduction of content to clients and contacts forms an integral part of the press relations service, those responsible for carrying out such tasks should be aware of their licencing requirements.

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Employment law PR: Because life’s complicated enough

Alan Davies: Because Life’s Complicated Enough

Readers with longish memories may remember Alan Davies fronting a series of adverts for the Abbey National a few years ago in which the phrase “Because Life’s Complicated Enough” was used to sell the Abbey’s products and services. If that strap line was appropriate for financial services, how much more must it resonate with HR consultants or small businesses trying to keep on top of employment law?

Access to justice is as much an issue for SMEs as for individuals, especially in a legal environment that is popularly said to favour employees.  The Government is trying to address that perception by consulting and introducing reforms that will roll back individual employment rights. Last year saw the length of continuous employment required for bringing an unfair dismissal claim increased from one to two years.

2013 will see issue and hearing fees introduced to Employment Tribunals; the maximum compensatory award will be restricted to the lesser of one year’s salary or £74,200 and redundancy consultation periods axed from 90 to 45 days.

On the face of it, that is all good news for hard pressed HR practitioners.  But, what about other thorny employment law issues?  How to handle employees who are frequently off sick? What about shared parental leave?  Can you lawfully ask an employee not to wear a religious symbol and was the case of Eweida good or bad news for employers?

Both HR and lawyers alike, sinking under the weight of change, may recall Stevie Smith’s poem “Not waving but drowning” but still the job has to be done. Larger organisations will probably have large HR functions, with access to well developed knowhow resources or bespoke advice from a law firm.  For smaller businesses they probably won’t have those luxuries.  How they can get the advice they need?

This is where legal PR can assist. Just as many potential “consumers” of legal advice may feel isolated, there will be many providers of advice looking for an audience to whom they can demonstrate their skills. There is no better platform than an article in a newspaper or magazine to show not only the legal knowledge to solve a problem but the ability to communicate succinctly and directly; qualities not often associated with the legal profession.  It’s a two-way street with both reader and writer benefiting.

Legal PR is often the act of informing, educating and perhaps even amusing an audience of individuals and businesses. Surely that has never been of greater importance than now.

 

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Your ABS Licence should matter

Making sense of Alternative Business Structures

Making sense of Alternative Business Structures

Has your firm spent the last few months pouring over its application for an ABS-licence? If so, the time to announce it to the press is probably looming.

It is an announcement which will most likely go through myriad hands before finally being set free and for the in-house press office; marketing manager or the external legal PR agency in charge, this is the time to push for a clear message about why alternative business structures should matter to clients and consumers.

For the trade media, Alternative Business Structures are big news. The legal services sector faces a major challenge as it awaits the introduction of the referral fee ban and speculation is rife with very few commentators willing or able to predict what the future may hold with any real confidence.

Therefore, providing clarity to business clients and consumers of legal services what this could mean for them is one of the most important communication challenges that law firms will face in 2013 and beyond.

For a quick picture of how the topic is regarded by the mainstream consciousness, type in ‘ABS law firms’ on The Telegraph’s website and the most relevant recent article to emerge today dated back to 2009 headlined “High street shops will sell legal services within two years …”

Although being able to provide legal services with non-lawyer involvement may be an earth-shattering development for a sector that has otherwise embraced change at a snail’s pace, mainstream journalists outside the legal and insurance sphere are embracing the topic with negligible enthusiasm.

If the legal sector wants to capture the attention of the wider press and, through it, the minds of consumers, the whole issue of ABS-licenses has to be made relevant outside the legal arena. Issues of regulation and compliance have little chance of battling with the mainstream news agenda.

What matters more, as our Legal Services Survey highlighted back in 2011, is personal persuasion and how consumers will seek out value for money. Our survey asked 500 consumers to highlight the most persuasive factor when deciding where to go for legal service. 43% opted for a personal recommendation, 17% demanded an up-front pricing structure with just 14% quoting ‘experience’ as the motive behind their decision. There is no reason to believe that much, if anything at all, has changed in this regard since those figures were compiled 18 months ago.

So, returning to the boardroom where the ABS license press release is being mulled over; this is where good legal PR comes into its own. If at least part of the objective with the press release is to raise the profile of the firm with consumers or business clients, then at least some of it has to set out why this matters to them. Then, and only then, will we begin to witness a pique in interest from mainstream journalists writing about the stuff that really matters to the non-lawyers amongst us.

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New mobile app to support users of copyright works

A new mobile app launches today, aiming to educate users of copyright works.

The new app by The Copyright Licensing Agency (CLA) makes it possible for copyright users to scan the ISN code of a book or magazine to find out whether they may legally copy from it under their CLA licence. Continue reading

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New business marketing: Delivering warm leads…

WHEN LAUNCHING A NEW PRODUCT, convincing those holding the purse strings to commit funds for a marketing campaign is no easy task. Brows seem to become significantly more furrowed when digital marketing, pay per click and social media join the mix. But providing the need has been identified and you’re confident your product or service will sell, it’s essential to consider all the channels available – and measure their effectiveness with a fine toothed comb. Continue reading

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Know your PR strategies from your social media tactics

I JUST READ an article which asked the question: “will social media overtake PR”? In a world where tactics – practical ideas for getting clients into the press – are so frequently deployed without further thought as to the purpose of the exposure, I can understand why someone might think so. Continue reading

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Regional PR and Marketing campaigns – Let customers tell their stories

In the not so old days, local or regional marketing meant painstakingly listing services in the classifieds of a provincial paper and making sure the Yellow Pages was always up to date. Continue reading

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New copyright permission search launched by CLA

The Copyright Licensing Agency (CLA) has launched a new online title search tool for legal professionals. The tool – available at www.cla.co.uk/licences/title-search-law  - enables customers to find out whether they can photocopy, scan or digitally reproduce from a publication under their firm’s CLA licence and comes shortly after the agency launched its new specialist copyright licence for law firms.

Whether photocopying and circulating an article to the sales team, or e-mailing press cuttings to the board of directors, the title search allows licensees to quickly confirm whether the activity is compliant with the terms of their CLA licence.

According to the CLA, the title search has been developed in response to research with key customer groups and designed to complement existing website support for included and excluded licence material. James Bennett, Licence Development Manager, says: ‘We are always looking for ways to help customers comply with the terms of their CLA licence. Our new title search tool enables customers to find out whether they can copy or reuse extracts from a publication in a matter of seconds’.

Customers select their licence type and the type of copying they wish to perform, before searching by title or ISN to receive a list of permissions.

The title search is now available at www.cla.co.uk/licences/title-search-law .

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Award entries – you wouldn’t bring a weak case to court

Like your local comprehensive school and its shiny neighbouring academy, lawyers and law firms are obsessed with ranking themselves. Whether by necessity or design, lawyers and barristers are more than a little pre-occupied with tiers, or the concept of ‘leading’.

Award entries can be a challenge for law firm marketers

But for law firm marketers this presents a significant challenge. With so few means of comparison available (winningest, quickest, cheapest, nicest?) where should law firm marketers turn for a bit of differentiation?

For many firms, awards provide the answer. In any given year, a firm has at least half a dozen opportunities from the legal sector’s own round of gongs and that is before considering the ever increasing number of categories which pop up in associated industries, where the not insignificant carrot of receiving praise in front of one’s target customers can be very attractive.

Awards are, for relatively little investment an excellent means of profile raising and keeping up appearances, and for that reason have become one of the most competitive areas in which a law firm marketer could operate.

By way of example, I moonlight as a judge on the insurance industry’s annual UK Broker Awards, in which the typical volume of entrants per category regularly tops 40 companies or individuals. Given that this ceremony is directed at a sector (brokers) within a sector (general insurance), it’s easy to see why the clamour for recognition has become so fierce.

That being said, here’s a few tips from someone who’s written and judged his fair share of entries:

Tips for entering awards

1) Understand the rules – how strong is your case?

One of a solicitors’ jobs is to understand the rules to the extent that he or she can predict whether a case will or won’t be successful. One of the law firm marketers’ jobs is to understand the rules of an award category to the extent that he or she can predict whether a case will or won’t be successful.

So far so simple, but the law firm marketer has to manage expectations both of their partnership/management and attempt to build a story that fits with the criteria they’ve been given.

2) Get your evidence together

There was a time when reams of supporting material could be submitted and in certain cases this is still possible, but for obvious reasons (time, losing the will to live) judges cannot be expected to digest a lever-arch filed dissertation 40 times for every category they are assessing.

Your supporting evidence should tell a story succinctly; perhaps your customer satisfaction survey can be summed up in a single percentage, or your case management cycle time improvements could be described in the simplest possible terms?

3) Are you really exceptional?

Think about what you are being asked to describe. Truly exceptional performance or service has to be demonstrably the case; anything less will be overlooked so stay honest and make sure the evidence supports your claims.

4) Demonstrate how it’s part of the strategy

Few organisations have a strategic objective to win awards, but a great many have the intention to be the best in their field. Law firm marketers should be aware of the business’ strategic direction and be able to show that when entering awards, the submission represents the culmination of a collective goal.

 

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Law firms encouraged to buy new copyright licence

A new digital copyright licence has been introduced that enables law firms to copy and reproduce from a range of digital material.

The new licence, introduced by The Copyright Licensing Agency (CLA), gives licensed firms the permission to copy from thousands of e-books, online journals and free-to-view websites.

Continue reading

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