Photos: (c) Rob Domaschuk, Saper Law Client

Saper Law’s Fashion, Media, and Entertainment Practices produce an annual August event celebrating art, innovation, and creativity. This year’s event, held on August 24, was co-hosted by Saper Law clients, Dr. Julia Rahn, owner of Flourish Studios, and Elysabeth Alfano, creator, executive producer and host of WTTW11’s “Fear No ART Chicago.” Additional sponsors included the Chicagoland Entrepreneurial Center’s (CEC) Stitches Fashion Program and local apparel designer Lauren Lein.
 
Those who attended had the opportunity to network with other members of Chicago’s creative community, enjoy Flourish’s beautiful event space, watch Fear No ART Chicago’s premier television episode, purchase merchandise from Stitches Fashion Program clients Mata Traders, K. Amato, Kate Boggiano, SheBeads,  had their photo taken by professional photographers Rob Domaschuk and Rick Hicaro, view sculptures by Ruth Aizuss Migdal, and enjoyed an informal fashion show featuring Lauren Lein’s latest collection.
 
Read more about the event sponsors below:
  
Saper Law Offices:
Saper Law Offices, LLC is a law firm representing creative entrepreneurs and innovative business organizations.  Our primary practice areas include intellectual property and business counseling.  In addition, our attorneys regularly handle litigation matters on both the federal and state level. Our most recent court cases have involved trademark and copyright infringement, trade secret misappropriation, defamation, and commercial disputes. www.saperlaw.com

Flourish Studios:
Flourish Studios is a multi-faceted learning gallery, which motivates and prepares adults, teenagers, and children to bring about significant, self-selected life changes. Its mission is to promote Positive change through Education, Art, and excellent resources to help people live their best life. www.icanflourish.com 

Fear No Art Chicago:
Fear No ART Chicago and host Elysabeth Alfano go behind the scenes where the public is never allowed to discover what is involved,  mistakes and all, in making of sculpture, painting, fashion, music, theater, and  food of all types in the back studios, kitchens and stages of Chicago’s artists. Fear No ART Chicago airs quarterly on WTTW and Art Scene, the web series, airs bi-weekly on www.FearNoArtChicago.com.

Stitches Fashion Program:
The Chicagoland Entrepreneurial Center’s (CEC) Stitches Fashion Program provides assistance to fashion entrepreneurs in the Chicagoland area. The CEC understands the unique situation that fashion entrepreneurs face in business and in turn, provides individualized assistance to fashion entrepreneurs through advisory services in the areas of sales and financing as well as assisting entrepreneurs gain access to mentor opportunities. The CEC helps emerging fashion professionals make smart early-business decisions and growth preparations. www.stitchesfashionprogram.com

Lauren Lein:
Lauren Lein’s signature style is recognized by eclectic blends of luxurious fabrics and textures. Each piece she creates has her own artful touch - whether it be feathers, beading, fur trim, a simple bow, or a hand-made flower. Lauren designs anywhere from a feminine power suit for a couture client to a unique collection for a store. All of Lauren’s creations are designed, constructed, sewn or knitted in the Chicago land area utilizing sustainable production, including living wages and conditions. www.laurenlein.com

Ruth Aizuss Migdal:
Ruth Aizuss Migdal is a well-known Chicagoland artist who has been working in the medium of sculpture for over 40 years.  Her primary focus is the production of bronze and steel sculptures that explore the complexities of the female form.  Her sculptures range in size from very large, monumental works to smaller paper-weight pieces.  She has won many prizes and honors, is a member of several local and international artistic professional societies, and has had her sculptures displayed in exhibitions all over the country.  A recent 3-piece work of hers called La Divas can currently be seen adorning the sidewalks along Southport Avenue in Chicago’s Lakeview neighborhood. www.ruthsculpture.com

Rick Hicaro:
Rick Hicaro is a professional photographer, graphic artist, and instructor. Drawing on his 25 years experience in film photography and the graphic arts, Rick focuses on the art of the photograph, capturing portraits and events with a journalistic eye and artistic flair. He is also a highly effective and experienced instructor, believing in a hands-on, “think-about-what-you’re-doing” approach to learning. His new photography studio and learning center, “Chicago Digital Arts and Photography, Inc”, located in Chicago’s West Town neighborhood, opens later this summer. He offers private and commercial photographic services including portraiture and special events, as well as group photography classes. www.yourdigitalartist.com

Rick is also organizer of the 3,100 member, Chicagoland Digital Photography Meetup Group (CDP). The mission of CDP is learning and sharing photographic skills, experience, and techniques between fellow photographers. Rick, along with co-organizer, Rob Domaschuk, plus 10 assistant organizers, lead groups of avid photographers across Chicagoland to challenge their photographic talents. Rick and Rob also teach photography classes and workshops to members of the group and the general public. www.cdp-meetup.org

Rob Domaschuk
Rob Domaschuk is a Chicago-based fine art and wedding photographer who records the world within which we live. Focusing on the natural contrasts between humanity and nature, his images are a poignant reflection of the patterns, colors, and lines that we imprint upon the planet every day.  Although Rob calls Chicago ‘home’, he was born and raised in Winnipeg (on the Canadian prairies). Visiting his grand-parents’ farm as he grew up, he first developed his passion for the earth and the need for its preservation. Later, after earning his bachelor degree in Philosophy, he moved out West to Vancouver where the beautiful and rugged coastlines brought a renewed sense of awe and inspiration for the land and its people. In 1998, Rob’s nomadic spirit was re-kindled and he found himself in small truck driving across America on his way to his new and current home, Chicago. www.domaschuk.com and www.weddingsbyrob.com

NEW PRODUCT DEVELOPMENT: TURN YOUR DREAM from IDEA to OPPORTUNITY

SCORE/SBA Office 500 W. Madision Ave Suite 1250 Chicago, IL  Map Date and Time Tuesday, Aug 17, 2010 08:35 AM - 04:00 PM Add to my Outlook Calendar

Overview We all want to convert our ideas into profit. Learn what it takes to introduce your new product into market. Find how to get financing; how to license your idea as a product to others; how to outsource the production; how to market and sell your product.

Agenda 8:30 AM Sign-In 8:45 AM Welcome, Al Grossman, Workshop Moderator 9:00 AM Daliah Saper, Saper Law Offices, Trademark, Copyright and Business Law 10:15 AM Dick Kerndt, BranMark Strategy Group, Marketing Consultant 11:15 AM Eric Waltmire, Erickson Law Group, Patent Law and Licensing Information 12:15 PM LUNCH* and NETWORKING BREAK 1:30 PM Keith Alsberg, Square One Product Development 2:30 PM Al Grossman, SCORE Counselor, CON-TECH Lighting® President & Founder (retired), Presents A Case Study 3.30 PM Round Table Q&A for all participants (ask your Questions of the experts) *Box lunch included

Information about SocialDevCamp 2010 is below. To get all the details go to: http://www.socialdevcampchicago.com/

Also, to view the presentation Daliah gave at SocDevCamp last year, click here.

SocialDevCamp Chicago is the unconference of social application and platform developers, evangelists, and enthusiasts. The event explores emerging trends surrounding the development, business, and culture fueling the social web. Join us at the Illinois Institute Technology on August 14-15 in the architecturally awesome McCormick Tribune Campus Center. Don’t hesitate to contact us with questions or suggestions at info [at] socialdevcampchicago [dot] com or on Twitter @SDCChi.

Background
The event was started in the summer of 2008 by Tim Courtney and Andy Angelos as a one-day barcamp inspired by David Troy’s SocialDevCamp East. In the ensuing three years, SocialDevCamp Chicago has matured into a two day event complete with a hackathon and industry leading speakers.

Saper Law’s Fashion, Media, and Entertainment Practices cordially invite you to the firm’s annual August event celebrating art, innovation, and creativity.

August 24, 2010
Flourish Studios
3020 N Lincoln
Chicago, IL 60657
6:30pm- 8:30pm
$15 with online registration, $25 at the door.
hors d’oeuvres and fine wines will be served
 
This year’s event is co-hosted by Saper Law clients, Dr. Julia Rahn, owner of Flourish Studios, and Elysabeth Alfano, creator, executive producer and host of WTTW11’s “Fear No ART Chicago.” Additional sponsors include the Chicagoland Entrepreneurial Center’s (CEC) Stitches Fashion Program and local apparel designer Lauren Lein.
 
Come network with other members of Chicago’s creative community, enjoy Flourish’s beautiful event space, watch Fear No ART Chicago’s premier television episode, purchase merchandise from Stitches Fashion Program clients Mata Traders, K. Amato, Kate Boggiano, have your photo taken by professional photographers Rob Domaschuk and Rick Hicaro, view sculptures by Ruth Aizuss Migdal, and enjoy an informal fashion show featuring Lauren Lein’s latest collection.
 
Read more about the event sponsors below and be sure to register by August 20 as space is limited.
 
Saper Law Offices:
Saper Law Offices, LLC is a law firm representing creative entrepreneurs and innovative business organizations.  Our primary practice areas include intellectual property and business counseling.  In addition, our attorneys regularly handle litigation matters on both the federal and state level. Our most recent court cases have involved trademark and copyright infringement, trade secret misappropriation, defamation, and commercial disputes. www.saperlaw.com

Flourish Studios:
Flourish Studios is a multi-faceted learning gallery, which motivates and prepares adults, teenagers, and children to bring about significant, self-selected life changes. Its mission is to promote Positive change through Education, Art, and excellent resources to help people live their best life. www.icanflourish.com 

Fear No Art Chicago:
Fear No ART Chicago and host Elysabeth Alfano go behind the scenes where the public is never allowed to discover what is involved,  mistakes and all, in making of sculpture, painting, fashion, music, theater, and  food of all types in the back studios, kitchens and stages of Chicago’s artists. Fear No ART Chicago airs quarterly on WTTW and Art Scene, the web series, airs bi-weekly on www.FearNoArtChicago.com.

Stitches Fashion Program:
The Chicagoland Entrepreneurial Center’s (CEC) Stitches Fashion Program provides assistance to fashion entrepreneurs in the Chicagoland area. The CEC understands the unique situation that fashion entrepreneurs face in business and in turn, provides individualized assistance to fashion entrepreneurs through advisory services in the areas of sales and financing as well as assisting entrepreneurs gain access to mentor opportunities. The CEC helps emerging fashion professionals make smart early-business decisions and growth preparations. www.stitchesfashionprogram.com

Lauren Lein:
Lauren Lein’s signature style is recognized by eclectic blends of luxurious fabrics and textures. Each piece she creates has her own artful touch - whether it be feathers, beading, fur trim, a simple bow, or a hand-made flower. Lauren designs anywhere from a feminine power suit for a couture client to a unique collection for a store. All of Lauren’s creations are designed, constructed, sewn or knitted in the Chicago land area utilizing sustainable production, including living wages and conditions. www.laurenlein.com

Ruth Aizuss Migdal:
Ruth Aizuss Migdal is a well-known Chicagoland artist who has been working in the medium of sculpture for over 40 years.  Her primary focus is the production of bronze and steel sculptures that explore the complexities of the female form.  Her sculptures range in size from very large, monumental works to smaller paper-weight pieces.  She has won many prizes and honors, is a member of several local and international artistic professional societies, and has had her sculptures displayed in exhibitions all over the country.  A recent 3-piece work of hers called La Divas can currently be seen adorning the sidewalks along Southport Avenue in Chicago’s Lakeview neighborhood. www.ruthsculpture.com

Rick Hicaro:
Rick Hicaro is a professional photographer, graphic artist, and instructor. Drawing on his 25 years experience in film photography and the graphic arts, Rick focuses on the art of the photograph, capturing portraits and events with a journalistic eye and artistic flair. He is also a highly effective and experienced instructor, believing in a hands-on, “think-about-what-you’re-doing” approach to learning. His new photography studio and learning center, “Chicago Digital Arts and Photography, Inc”, located in Chicago’s West Town neighborhood, opens later this summer. He offers private and commercial photographic services including portraiture and special events, as well as group photography classes. www.yourdigitalartist.com

Rick is also organizer of the 3,100 member, Chicagoland Digital Photography Meetup Group (CDP). The mission of CDP is learning and sharing photographic skills, experience, and techniques between fellow photographers. Rick, along with co-organizer, Rob Domaschuk, plus 10 assistant organizers, lead groups of avid photographers across Chicagoland to challenge their photographic talents. Rick and Rob also teach photography classes and workshops to members of the group and the general public. www.cdp-meetup.org

Rob Domaschuk
Rob Domaschuk is a Chicago-based fine art and wedding photographer who records the world within which we live. Focusing on the natural contrasts between humanity and nature, his images are a poignant reflection of the patterns, colors, and lines that we imprint upon the planet every day.  Although Rob calls Chicago ‘home’, he was born and raised in Winnipeg (on the Canadian prairies). Visiting his grand-parents’ farm as he grew up, he first developed his passion for the earth and the need for its preservation. Later, after earning his bachelor degree in Philosophy, he moved out West to Vancouver where the beautiful and rugged coastlines brought a renewed sense of awe and inspiration for the land and its people. In 1998, Rob’s nomadic spirit was re-kindled and he found himself in small truck driving across America on his way to his new and current home, Chicago. www.domaschuk.com and www.weddingsbyrob.com

 

The podcast of Daliah’s interview on Lawyer to Lawyer, a show on the Legal Talk Network, is now available online.  Details below. Click on the links to listen!

Title:        Legal Issues Surrounding Social Media

Description:   The allure of social media has attracted businesses, law firms and the general public, but with the popularity of social media in and out of the workplace, comes potential legal issues. Attorney and co-host, J. Craig Williams welcomes Attorney Daliah Saper, Principal at Saper Law Offices and Attorney Bradley S. Shear, Founder and Managing Partner of the Law Office of Bradley S. Shear, LLC, to take a look at legal issues such as defamation, privacy issues, employee use of social media and how firms and businesses can protect themselves from a potential lawsuit.

Page URL:    http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2010/07/legal-issues-surrounding-social-media/

MP3 Link:    http://websrvr82il.audiovideoweb.com/ny60web16519/LTN/C2C/C2C_071310_SocialMedia.mp3

To view a copy of the powerpoint please click here:
negotiations-powerpoint-for-small-biz-expo-7-11610-final

Legal Issues With Online Video For Business – Understanding The Basics

I recently interviewed Daliah Saper, Intellectual Property and Internet Law attorney, about what businesses and other professionals who are doing online video need to understand about the potential legal issues. We also cover the legal consequences of using someone else’s work without getting authorization, a few key legal terms to remember with online, and what criteria to look for in an attorney who “gets” online video.

The Basic Legal Issues with Online Video
Grant: Daliah, what would you say are people’s general understanding of the legal implications with online video? I see a lot of stuff out on the Web where I think to myself, don’t they understand what the laws are and do they really think they can get away with what they’re doing?

Daliah: We need to first break down the issues. We have copyright infringement issues, trademark infringement issues, defamation, and right of publicity. You get a mix of all of those in most lawsuits. So with respect to copyright, you can be mixing things in your video that don’t actually belong to you. You can’t use other people’s music, or their artwork or their own movies and videos – in your own video.

Legal Consequences for Online Video Infringement
Grant: So what then are some of legal consequences? I’m sure there are a lot of people out there who still think that, even if they do get caught, there’s nothing really bad that can happen to them.

Saper: Well, if I find out about it, and I’m sufficiently upset about your use of my song, or other work in your video; then I have the opportunity – or the right, I should say – to file a copyright infringement suit. Assuming I’ve already registered my work with the U.S. copyright office, I can get a minimum of $750 up to $150,000 in statutory damages. That’s a lot of money. Overall, it’s unlike other areas of the law, which fall under traditional lawsuits. If the plaintiff does it right, then they can also get attorney’s fees and (punitive) damages.

Grant: Let’s also add that someone is using someone else’s copyright or copyrighted work for their own commercial use; or, something where they have a clear business purpose. At the very least, all that work you put into it is going to be taken down. (If you’re doing it for a client, perhaps then the client could demand their money back or sue you as well.) In some areas, if you really don’t know what you’re doing, you can even be open to potential criminal charges. We’re seeing that happen more and more today.

Understanding “Derivative Works” in Online Video
Daliah: Let’s also use an example of a “derivative work.” If I wanted to make a movie based off a poem that I read; or a piece of artwork, or a sculpture. That movie is a derivative of that sculpture. So in order to make the movie, I would need the permission from the right owner of the sculpture, the video, the song – even though I would own the end product; I would be the rights-owner in the final motion picture. The lines do get blurred sometimes, and that’s when you would need an attorney to review the nuances of the licensing terms for you.

Legal Difficulties and Legal Opportunities
Grant: Is it an increasing challenge for both attorneys and business professionals to keep up with the laws that may pertain to online video? I mean, with the laws around technology and “new media” evolving, with the culture changing around it, and just the sheer increase in numbers of how many people can now do online video and reach large audiences – does this become something for an attorney who might normally be a specialist in intellectual property law, that they now need to also regular follow up on all of these things?

Daliah: Well, what that lends itself to is those “fair use” defenses, which can touch on the commercial nature of that video. Public opinion, in context, will play itself into a fair use defense. For example, you can say you’re just making commentary about something. Everyone mashes up songs and does something new in this context, too. So, an attorney has to understand what’s the context. That also means that if an attorney is not themselves on Facebook, Twitter, YouTube (or other popular areas of social media), and if they’re not tweeting or otherwise using those mediums in some way, they will have a tougher time figuring out an analysis to show that there was a purpose or a better purpose for that person’s argument of fair use.

Choosing an Attorney who Gets Online Video for Business
Grant: That’s a very good argument for what someone’s criteria should be in selecting an attorney for these types of issues. Is the attorney actively participating these online spaces themselves? Not only will they themselves need to be familiar with the online video and social media culture; but like you say, they can be better off to make an argument that protects their client. Take yourself as an example: You’re already in Facebook, Twitter, and LinkedIn. When it comes to video, your own website at SaperLaw.com features many videos of your own seminars at your law office in Chicago, plus you have a video channel on a partner site.

Yes, and I use them both for personal and business purposes. We also review social media campaigns for a lot of clients. We have advertising agencies that ask us to review Facebook applications that they’ve created, or a contest that they’re debuting on Facebook. [Video sharing sites and social media sites] rules about how you can conduct business on their sites. So, when you go on a social network for business purposes, you should first understand the terms on that site, especially before releasing the content out.

A Legal Guide to Commercial Online Video – Has it’s Time Come?
Grant: That’s the key thing now for doing online video for commercial purposes – get a basic legal education. It takes making people aware of these issues we’ve touched on, and speaking on their level. Do you think some kind of guide should be out there for people who can learn just what are the issues? How does this relate to what I want to do commercially if I get involved with online video? And importantly, what do I need to consider and ask if I’m going to be working with an attorney?

Daliah: I think the problem is that there is so much information out there. Yes, someone could spend hours upon hours of compiling that information, they could find what they need online, but it would require a lot of discipline. Now a guide, with some straightforward information like, this is what you need to know about trademark law, this is what you need to know about copyright law, and defamation law, as it applies to your use of online video – I think would be very helpful for people to have.

On July 23, Daliah Saper will be co-presenting at a workshop for small business owners at SCORE’s Chicago office.  Details below:

LEGAL GUIDANCE FOR YOUR BUSINESS:
Tips for Starting and Running Your Small Business
 
This workshop addresses the legal challenges that a small business person confronts when starting and expanding a business. Brian Fons will cover business entity selection, formation, and maintenance, while Daliah Saper will explain the difference between trademarks, copyrights, trade secrets and patents. Workshop attendees will also learn about the legal implications of social media, ie online defamation, intellectual property infringement, and social media policies.
 
 Course outline  
 Choosing a Legal Entity for Your Business
  · Sole Proprietorship
  · Corporation - Separate legal entity
    o S-Corporation
    o C-Corporation
  · Limited Liability Company (LLC)
  · Wage Reduction example
    o Sole Proprietors pay 15.3% of all income to Feds for withholding
  · Piercing the Corporate Veil
    o Rare situation
    o Tips on avoiding “piercing” the veil.
  · Leases and contracts
  · Naming your business
  · Other insights
Trademarks and Copyrights
  · What are the steps to getting a trademark registration?
  · What is a Copyright? What Kinds of Works are protected?
  · When Can I get away with NOT asking for Permission?
  · What is a “Work Made for Hire”
Social Media
  · Employee Policies
  · What can you do when you don’t like what is written about you.
 
Visit These Sites to Preview This Topic:
 
http://www.youtube.com/watch?v=fzvCP5uydp0
 
 http://www.youtube.com/watch?v=IiH-6Ihs44Q
 
 
Date: Friday, July 23, 2010
Time: 8:45 am - 12:30 pm (Registration begins at 8:30 am) 
Location: SCORE Chicago Main Office, Citicorp Center, Suite 1150, 500 W. Madison (at Canal) in downtown Chicago

On July 22nd, Daliah Saper will be speaking at NASA’s Johnson Space Center regarding the legal issues surrounding the use of social media.  NASA’s Johnson Space Center is bringing together leaders in social media use from across different government agencies to share their expertise, learn from one another and collaborate on social media issues.  Agencies such as the U.S. Air Force, Dept. of Homeland Security and City of Houston will be participating.  Some of the topics that will be discussed include:
·         Social Media Policy-Ethics
·         Obstacles/Successes
·         Education
·         Crisis Communications
·         Experiences and Future of Social Media in Government

http://techcocktail.com/home/2010/05/17/mobile-tech-cocktail-chicago-2-focusing-on-mobile-technlogy-on-june-24th/

On July 16, 2010 Daliah Saper will once again be a featured presenter at the City of Chicago’s Small Business Expo.  Daliah’s presentation is titled:

The Skill and Art of Negotiation: How to negotiate contracts and agreements on a win-win basis

For more information visit: http://chicagocitytreasurer.com/smallBusinessExpo/smallBusinessExpo.htm

Details:

Tuesday, June 29, 2010
Saper Law Offices, LLC

505 N LaSalle, Suite 350

Chicago, IL 60654

6pm to 8pm

Cost: FREE thanks to our Sponsor:

Guy Ben-David, Territory Manager for Syneron Medical

SPACE IS LIMITED. MUST RSVP to secure spot.
 

This month’s Seminar at Saper Law is geared towards businesses in the aesthetic industry.  In the last few years, more and more doctors are aligning with medical spas, launching new skin care products, or offering at-home botox parties.  Salons and estheticians are also expanding their service offerings.  What laws apply to the business of beauty?  
On Tuesday night, June 29^th, from 6pm to 8pm, Daliah Saper, Principal Attorney at Saper Law will address the legal implications of running a medical spa or beauty salon.

 

During the comprehensive two hour seminar, Daliah will address the following issues:

·        What can and can’t my med spa say when advertising services for botox, hair removal, skin treatments, etc? What kind of comparative marketing is prohibited?

·        How can I protect my Spa’s brand name? What steps are involved with filing a trademark?

·        What can I do about false or negative reviews posted about my spa online? What does an action for defamation entail?

·        What key disclaimers should my spa’s consent forms and liability waivers include?

·        What kinds of lawsuits have recently been filed against medical spas in Illinois and what can my spa learn from them?

There is no cost to attend this event thanks to our sponsor, Guy Ben-David, Territory Manager for Syneron Medical, Ltd..  Syneron Medical Ltd. (NASDAQ: ELOS) is the leading global aesthetic device company with a comprehensive product portfolio and a global distribution footprint. The Company’s technology enables physicians to provide advanced solutions for a broad range of medical-aesthetic applications including body contouring,  hair removal, wrinkle reduction, rejuvenation of the skin’s appearance through the treatment of superficial benign vascular and pigmented lesions, and the treatment of acne, leg veins and cellulite. The Company sells its products under two distinct brands, Syneron and Candela. You can learn more about Syneron by visiting www.syneron.com.

Saper law’s Advertising and Media Law Practice has put together the following Sweepstakes and Contests FAQ to assist businesses launching a promotional campaign.  Both state and federal laws govern the use of sweepstakes and contests for advertising purposes.

Sweepstakes and Contest FAQ

While a contest or sweepstakes can be a great way to get word out about a business, businesses using these promotions must comply with both federal and state laws regulating them.  The following are some questions a business might have when conducting a contest or sweepstakes promotion.

What is the difference between a sweepstakes, lottery, and a contest?

 
Before a company decides if its promotion is a sweepstakes or contest, it must make sure the promotion is not an illegal lottery.  A lottery consists of three elements: (1) a prize, (2) consideration (payment), and (3) chance.  In other words, a participant pays for the chance to win a prize, like purchasing a ticket in the hopes of winning millions of dollars in a legal, state-run lottery.  A company must eliminate one of those three elements to be sure the promotion is not a lottery.   

A contest, on the other hand, awards prizes based on skill, including art contests, cook-offs, or trivia contests.  Because the element of chance is eliminated, companies can require consideration for entry into the contest.

Talk to your lawyer to determine whether your advertising campaign constitutes a sweepstakes, lottery, or a contest.

Are there state laws governing sweepstakes?

Yes.  Each state has a different set of laws governing promotions, but most notably, Florida, New York, and Rhode Island require sweepstakes offering prizes over a certain value to be registered. 

Companies offering a sweepstakes that awards prizes totaling more than $5,000 must register and bond the sweepstakes in Florida and New York.  In Florida, the sweepstakes must be registered seven (7) days before the sweepstakes begins; in New York it must be registered thirty (30) days in advance.  Both states require the company to provide a list of winners to the state and to anyone who requests it.

Rhode Island requires retail outlets offering a sweepstakes with prizes valuing more than $500 to register the promotion with the state.  The state does not require companies to bond the sweepstakes.

Are there state laws governing contests?

Yes, contests are also subject to specific state laws.  For example, for contests that require a purchase to enter, Arizona requires the company to register the contest with the attorney general’s office, including a sworn statement that no additional fee was added to the purchase price in connection with the contest.  This is only a sample of the unique requirements of each state’s laws.

What federal laws apply to contests and sweepstakes?

A number of federal laws apply to promotions.  Determining which laws apply is largely governed by the medium through which the promotion is conducted.

Promotions conducted by mail are subject to the Deceptive Mail Prevention and Enforcement Act.  The act requires promotions mailings to include all terms and conditions, the address of the company conducting the promotion, and prize information such as odds of winning, estimated value, and schedule of payments.  For sweepstakes, the company must specify that no purchase is necessary to enter the sweepstakes.

E-mail promotions are subject to the CAN-SPAM Act of 2003.  The act requires the sender of e-mails to clearly identify the e-mail as an advertisement, to provide the opportunity for the recipient to opt out of receiving e-mails from the sender, and to provide the sender’s physical postal address. 

Promotions by phone must adhere to the Telemarketing Sales Rule.  The rule requires the caller to inform the person called the odds of winning a prize, that no purchase is required, that a purchase will not increase the chances of winning, and information on, or how to obtain, the no-purchase/no-payment form of entry.

Additionally, promotions on the internet must take into account the Children’s Online Privacy Protection Act (COPPA), which requires websites who direct their services at children and collect personal information from children to provide notice of what personal information is collected, how it is used, and the website’s disclosure practices.  The act also requires websites to obtain “verifiable parental consent” to collect the information.

What are the rules for conducting a promotion through a social networking site?

To conduct a promotion through a social networking site, a company must also comply with the particular site’s terms.  Facebook, Twitter, and YouTube all outline guidelines for conducting promotions through their websites.  Facebook’s promotions guidelines can be found at http://www.facebook.com/terms.php#!/promotions_guidelines.php, Twitter’s at http://help.twitter.com/entries/68877-guidelines-for-contests-on-twitter, and YouTube’s terms at http://www.youtube.com/t/terms.

What should be included in the promotion’s rules?

The basic guidelines for what should be contained in sweepstakes rules include:  a “no purchase necessary” statement, entry procedures, any limits on the number of entries per person, the end date of the sweepstakes and any other deadlines, prizes and their estimated value, the method of selecting winners, geographic scope, eligibility requirements, date winners will be selected, date winners will be notified and the method by which they will be notified, and the identity of the company conducting the promotion. 

In addition to those suggestions for sweepstakes, for contest rules, a company should include:  proof of purchase requirement if permitted, judging criteria, identity of the judges, statement that entries must be original and will belong to the promotion-conducting company and will not be returned, and the method of tie-breaking, which must be skill-based.

Where can I find more information?

The U.S. Small Business Administration provides a guide to using contests and sweepstakes, with links to more information on complying with federal regulations at: http://community2.business.gov/t5/Business-Law-Advisor/How-to-Use-Contests-Sweepstakes-and-Giveaways-as-Marketing-Tools/ba-p/10881;jsessionid=348BC6703CDA2331AC0103885E034A3F. 

Or feel free to contact Saper Law if you have further questions. Our office number is 312.527.4100.

Text From the ReelSeo website:
Understanding Legal Issues with Copyrighted Music in Video
Grant Crowell | June 3, 2010 | Share your thoughts I interviewed Chicago’s high-profile “new media” attorney Daliah Saper about some of the important issues that video marketers and other professionals need to be aware of if they are using (or plan to use) other people’s music in their own online video pieces, and for their own professional gain.

Music Law 101 & Online Video
There are so many ways people are trying to monetize video today, and they’re doing a lot of it with music. Some marketing professionals (including myself) would argue that a lot of video out on the web wouldn’t be nearly as successful with engaging visitors if it didn’t also include a good music soundtrack behind it. However its clear by all of the popular songs behind lots of viral videos on the Web today that most people who use other people’s music are not doing it the right, legal way.

I happened to be in Chicago to check out Daliah’s monthly office seminar, with this month’s subject being Music Law 101. Daliah was gracious enough to do a podcast show with me before her seminar on the subject, and explain to our own audience the legal issues with featuring other people’s (or other rights owners’) music in your own video content – especially for professional/commercial use. Daliah actually did the interview with me from her phone walking to her office while we were recording in the studio. (Now that’s what I call dedication, flexibility, and efficiency!)

Click the play button at the top of this page and listen our discussion on music legal issues in online video:

•What are the legal issues (copyrights) with music in online video that people need to pay attention to?
•Who are the copyright owners in a recorded music piece (who’s rights you may be infringing on)?
•What are the damages you can suffer if use other people’s music in your video without permission?
•How can you find out who does own the music copyrights (and get legal permission)?
•How you can copyright protect your own music in your videos?
•What’s the criteria for “fair use” with using other people’s music in your own videos? (And why Daliah says that the fair use argument is typically not a good defense if that’s your only defense.)
About Daliah Saper
Daliah Saper is the principal attorney for Saper Law Offices in Chicago, specializing in intellectual property law, media and entertainment law, litigation, and business affairs. I first met Daliah at a law conference in Chicago, where she spoke on “New Media” issues including trademark and copyright law on the Internet. She is one of those attorneys who walks the walk – being fully involved in social media, and especially “gets” online video – even doing regular video seminars around important legal issues with New Media.

Here are just a few of Daliah’s accolades. (You can check out Daliah’s full bio here.)

•She’s handled several high profile cases and has been featured on tv, radio, and several publications; and has repeatedly received the honor of being named a “Rising Star” by Chicago’s Super Lawyers magazine
•She is on the faculty of the Practicing Law Institute, and has been selected by Harvard Law School’s Berkman Center for Internet & Society to be a member of Harvard’s new Online Media Legal Network (OMLN), and;
•She is an adjunct professor at Loyola University Chicago School of Law, teaching a Sports and Entertainment law course.

Although Saper Law handles litigation involving temporary restraining orders and injunctions, the subject matter usually involves intellectual property or trade secret missapropriation—not mud pits, fire jumps, and obstacle courses.

Last Thursday, Saper Law recieved the following frantic call from its client Red Frog Events, LLC:

 “Daliah, there are three Kaufman County Sheriffs at our event site physically blocking any construction or preparation for our big Warrior Dash Event.  We’re expecting 30,000 people– flying in to Texas from all over the country– in less than two weeks! They handed us something called a Temporary Restraining Order and said if we try to move forward, we will face harsh penalties. What do we do?!” 

A flurry of phone calls later, Saper Law secured a copy of the TRO, hired local Texas counsel, and started poring over the Texas Mass Gathering Act.  

What was Kaufman County’s cause for concern?

Red Frog Events, LLC is a Chicago based event planning company that organizes two main events: The Great Urban Race and Warrior Dash.  While the Great Urban Race is a city based scavenger hunt, Warrior Dash is admittedly “America’s most insane race” with “14 obstacles from hell.”  The event attracts individuals from all walks of life, between the ages of 14 and 73, and consists of  3.5 miles of extreme obstacles like cargo nets, hay bales, waist-deep water complete with logs, a 7-foot fan called the Texas Tornado, and a fire pit. It is the ultimate event for thrill-seeking athletes, held on some of the nation’s most demanding and unique terrain.

To overcome the TRO, Saper Law needed to help Red Frog convince the Court, and Kaufman County officials, that Warrior Dash was a professionally organized event. The company had arranged for emergency situations, was working with local police and fire departments to control crowds, and had the full cooperation of partnering venues.  In addition, Kaufman county would benefit economically from the large influx of people visiting the area.

The arguments worked.

Here’s what Joe Reynolds, Red Frog Event’s founder, had to say to Saper Law:
 
Thank you for your help with putting us in contact with the right people in Texas.  It turned into a big deal (every Dallas metro tv, radio and newspaper covered our court case extensively - even helicopters were flying over our race filming!).  In the end, with the amazing help of the three outstanding Texas attorneys and against all odds, we overturned the TRO and won the case.  We couldn’t have done it without you and I’ll forever be grateful for it.
 
To read some of that Texas media coverage, please click on the links below.  To learn more about Red Frog Events in general, watch their interview with Tim Jahn on www.beyondthepedway.com:

Warrior Dash Media Coverage:
http://www.nbcdfw.com/news/sports/Warrior-Dash-Gets-Green-Flag-92277869.html

http://cbs11tv.com/local/warrior.dash.reinstated.2.1660535.html

http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-warriordash_30met.ART0.State.Edition1.daed0.html

http://www.dallasnews.com/sharedcontent/dws/fea/healthyliving/fitness/stories/DN-nh_warriordash_0427gd.ART.State.Edition1.41fd42.html

http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-warriorfinal_03met.ART.State.Edition2.a3722.html

Cinefile’s mission: “We exist to support and to help grow an emerging New-Media Movie Industry by connecting it to a passionate, world-wide movie audience and at the same time, provide a powerful network through which Industry Professionals can network and interact.”

Thanks to Grant Crowell, this presentation is now available for viewing and listening at http://www.slideshare.net/grantast/small-business-expo-presentation.

Or watch it here:

If you have any questions about incorportating your business, trademarking your brand or logo, or protecting your intellectual property, contact a Saper Law attorney today: 312.527.4100 or admin@saperlaw.com.

Stop by the Saper Law booth for some free legal advice about your startup or just to say hello!  Saper Law will also be giving away free passes to future seminars.

Scroll down for more details.

Event details:

What: TECH cocktail Chicago 13
When: Thursday, May 13, 2010 from 6:30 PM – 9:00 PM (CT)
Where: John Barleycorn Wrigleyville, Chicago, IL
Price: $10 online ($20 at the door)
RSVP HERE (Must be 21 to attend.)

Fear No Art Chicago takes the viewer behind the scenes, where the public is never allowed, to discover what is involved, mistakes and all, in making of sculpture, painting, fashion, music, theatre, and food of all types in the back studios, kitchens and stages of Chicago’s artists. This off-the-cuff, high energy, witty arts show is both fresh and exciting, bringing a new take on the Chicago arts scene to WTTW11
Focusing on artist success stories, in this first show host Elysabeth Alfano discovers the soul of blues and folk musician Nicholas Barron (www.nicholasbarron.net), changes things up with fashion designer Lauren Lein (www.laurenlein.com), and enjoys the MOTO madness with chefs Homaro Cantu and Ben Roche ( www.motorestaurant.com).

Fear No Art Chicago airs on WTTW11 on
May 7 at 8:30 PM
May 12 at 10:30 PM &
May 23 at 4:30 PM
with artist interviews being posted to www.fearnoartchicago.com after May 23.

Public screenings are on April 30th at the JBar *
at 8 PM during the MixArt After-Party and on May 1 at Art Chicago at 5 PM.

Hot Topics in Intellectual Property Counseling: From Start-Up to Initial Public Offering - 2010

Presented by the ISBA Intellectual Property Section

Tuesday, April 20th
Bloomington - Doubletree Hotel
8:25 a.m. - 3:30 p.m.

Wednesday, April 28th
Chicago - ISBA Regional Office
8:25 a.m. - 3:30 p.m.

5.5 MCLE credit hours, including .75* PMCLE credit hour

Only $115** for ISBA and sponsoring section members*** who register online at least 8 days prior to the program date!

This program provides a broad overview of intellectual property issues, enabling attendees to reasonably counsel their clients from start-up to initial public offering (IPO). Topics include patent laws, copyright concerns, trademarks issues, and ethical considerations. A panel discussion is also included in which the speakers provide advice on hypothetical issues that may arise when a new company wants to get started.

Program Coordinator/Moderator:
Joseph T. Nabor, Fitch, Even, Tabin & Flannery, Chicago

Program Speakers:
Shannon A. R. Bond, Saper Law Offices, Chicago
Eugene F. Friedman, Friedman & Friedman, Ltd., Chicago
Mark H. Hellmann, Attorney at Law, Chicago
Theresa V. Johnson, Law Office of Theresa V. Johnson, Westmont
Kristin L. Lingren, VSA Partners Inc, Chicago
Brian R. Michalek, Fitch Even Tabin & Flannery, Chicago
Charles Lee Mudd, Jr., Mudd Law Offices, Chicago
Joseph T. Nabor, Fitch, Even, Tabin & Flannery, Chicago (Moderator)

* Professional Responsibility MCLE credit subject to approval.

** To learn more about the program, other pricing options, and to register online, visit:
(Bloomington program)
http://www.isba.org/cle/2010/04/20/intellectualpropertycounselingfromstartuptoinitialpublicoffe.
(Chicago program)
http://www.isba.org/cle/2010/04/28/intellectualpropertycounselingfromstartuptoinitialpublicoffe.

***To become a member of the sponsoring section, visit: http://www.isba.org/sections/ip