Chapter 22

Advertising: Being Content with Commercial Content


Advertising is chock full of fascinating content rights issues. Ads often contain music (new and old), video and photos, jingles, trademarks of the advertiser and its competitors, digitally doctored images, claims, and come-ons. The commercial nature of advertising greatly circumscribes the scope of third-party content that can be used without permission; in short, what is fair use. While our focus is on copyright and trademark, advertising is closely scrutinized not just by competitors, but by public agencies and private watchdogs that want to make sure the advertising is accurate and not deceptive or misinforming.

Most obviously, commercials on television, radio, and cable generate ...

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