Field Notes Inside an Integrated Communications Agency

Having notched a devastating defeat in the NC primary, Hillary Clinton now needs to figure out how to lose like a winner.  She might just find a mentor in our own Clay Aiken.  The carrot-topped crooner turned a second-place "American Idol" finish into a first-rate career move.  Can Hillary do the same as it becomes clear she won't be the top "Democratic Idol" come convention time? 

My advice is for her to stay in the race a little longer, but to soften her tone.  Keep Obama on his toes.  He desperately needs a sparring partner, as his sputtering performances over the last two months make plain.  But don't draw blood. 

Then, once the superdelegates begin their group march toward Obama, Hill ought to graciously withdraw and move quickly into her next incarnation -- Obama campaigner, Senate superpower and globe-trotting diplomat.  Now as for Bill (who's still the coolest Democrat alive), that's a whole other question ...  

I’ve mentioned before that I’m a copyright nerd. As a creative guy I see that legal protection as a way to ensure our profession continues to grow, challenge and remain fairly compensated. Don’t get me wrong, there are vast gray areas and litigation shenanigans that drag to sludgy lows. But on the whole I respect that an artist has clear rights.

Case in point. Peace-friendly American Apparel was recently slapped with a $10 million lawsuit from director Woody Allen. The suit claims Allen’s reputation has been damaged by billboards using his image (the famous photo dressed as a Hasidic Jew from Annie Hall) without his permission.

According to the report, the suit alleges that the billboard falsely implied Allen sponsored, endorsed or was associated with American Apparel, and accuses the company of “blatant misappropriation and commercial use of Allen’s image.” The company, known for “provocative photography,” claims it was used as “strictly social parody.”

Fair enough. Parody is one of the ways a copyrighted work may be used legally without permission. Problem is American Apparel SELLS stuff. Their use of parody is clearly for commercial gain. If not, there wouldn’t be a logo on the billboards. I believe American Apparel is a great company. Unfortunately, this is a misstep that strikes at their socially-conscious image.

What level of parody do you think is legal for commercial use?