Intellectual Property Issues

If you are getting ready to embark on a campaign, particularly if you are developing or re-licensing creative materials and media items, there are many legal issues to consider. This section provides advice on issues such as:

Rights management, including working with a vendor who is paid to perform services for your organization’s campaign
Using pictures or videos of people, whether actual students or paid talent, in a campaign
Planning for or limiting the right of other organizations to use your materials in the future
Ownership issues to consider when developing a campaign jointly with a partner organization
Issues related to using blogging or social networking sites
Purchasing a license to use materials that were already created for a separate organization’s campaign.

Downloadable Guides

Download and print our Intellectual Property Guides. Pathways to College Network has developed two useful guides to:

Developing Original Campaign Materials and
Using Materials from Other Organizations

Frequently Asked Questions

We have compiled a list of frequently asked questions about the legal issues involved in college access marketing, including creating original marketing materials and using copyrighted materials from other campaigns.
Read More >>

Useful Web sites

University of Texas System, Crash Course in Copyright and related materials managed by Georgia K. Harper (includes extensive educational materials, policy documents and sample contracts)
Copyright Management Center of Indiana University-Purdue University: (resource on copyright for higher education community managed by Kenneth Crews, a well-known copyright scholar)
University System of Georgia, Regents Guide to Understanding Copyright and Educational Fair Use (features easy-to-use question and answer format).
Yale University, Copyright Resources Online (includes collection of online copyright policies at postsecondary institutions)
United States Copyright Office (provides basic information about federal law; also allows for online copyright registration)
United States Patent and Trademark Office (use to search trademarks, secure information relating to applications for trademarks, monitor progress of such applications, etc.)

Getting Started: An Intellectual Property Primer

Before reviewing the tips and guidance provided in this section, it might be useful to read a basic overview of Intellectual Property, including basic concepts and definitions.

Introduction to Basic Copyright Principles >>
Introduction to Basic Trademark Principles >>
Rights of Publicity/Rights of Privacy >>

Disclaimer
While the information contained in this section is intended to be a general description of important legal issues that will impact any marketing campaign, it is not intended to be all-inclusive nor a substitute for legal advice in specific situations. In designing and implementing any specific marketing campaign, you should involve your attorney at the earliest stages, since the legal principles applicable to such campaigns may be applied very differently from one situation to the next depending on the exact facts of each individual situation. By describing your planned campaign in as much detail as possible, your attorney will be able to help you identify potential problem areas and craft appropriate agreements and responses to allow you to avoid problems later in the campaign process.