Your Manager Has A Concern About A Subcontractor Uses

Your Manager Has A Concern That A Subcontractor Wants To Use A Video T

Your manager has a concern that a subcontractor wants to use a video they found on the Internet to advertise their services. The subcontractor intends to include your company's name as a client. In a white paper, describe the following to the manager: Please submit your assignment. For assistance with your assignment, please use your text, Web resources, and all course materials.

Paper For Above instruction

Introduction

In the contemporary digital landscape, the use of visual media for marketing purposes has grown exponentially. While videos serve as powerful tools for showcasing a company's services and successes, the use of third-party or user-generated content raises significant legal and ethical considerations. In this white paper, we will analyze the implications of the subcontractor’s intention to use an externally sourced video, particularly one found on the Internet, to advertise their services and to include our company's name as a client.

Legal Considerations

The primary concern revolves around copyright law. Videos published on the Internet are typically protected under copyright statutes unless explicitly stated otherwise. Using such content without permission constitutes copyright infringement, which can lead to legal action against both the subcontractor and our company if associated content is used improperly (Samson & Johnson, 2019). Furthermore, misappropriating copyrighted material may result in damages, injunctions, or penalties.

Additionally, there are issues related to trademarks and intellectual property rights. If the video features our company's logo, branding, or proprietary information, unauthorized use could constitute trademark infringement or dilution. It is crucial to verify whether the video includes any protected trademarks and whether the use aligns with fair use provisions.

Ethical and Reputational Risks

Beyond legal issues, ethical concerns are paramount. Using an unlicensed video could be perceived as dishonest or unprofessional if the content creator has not granted permission for commercial use (Taylor, 2020). The inclusion of our company's name without consent also raises questions about misleading advertising practices, which could damage our reputation and erode stakeholder trust.

Furthermore, associating our company with content from an unverified or potentially inappropriate source may expose us to reputational harm if the original video contains controversial or false information. Ethical marketing practices require that all representations are truthful, transparent, and legally compliant.

Potential Solutions and Recommendations

To address this situation, several measures should be considered:

1. Request Permission: The subcontractor should seek explicit permission from the content owner to use the video for commercial purposes. This includes obtaining a license or release form granting rights for advertising use.

2. Create Original Content: Instead of relying on third-party videos, the subcontractor can produce original content that accurately reflects our company's services and ethos, ensuring clarity and compliance.

3. Use Licensed Stock Footage: If visual content is necessary, stock footage licensed for commercial use can be a legal and ethical alternative, providing high-quality visuals without copyright concerns.

4. Legal Review: All marketing materials, including videos, should undergo review by legal counsel to confirm that rights are secured and that usage aligns with applicable laws and regulations.

5. Internal Policies: Establish clear policies for third-party content usage, emphasizing due diligence, compliance, and ethical standards to prevent future incidents.

Conclusion

The intent of the subcontractor to utilize an Internet-found video to promote their services, while seemingly straightforward and efficient, involves significant legal and ethical considerations. Unauthorized use of copyrighted content can lead to legal liabilities, damage to our company’s reputation, and ethical dilemmas. It is advisable to enforce strict guidelines that mandate permission acquisition, content licensing, or the creation of original material for marketing purposes. Implementing these recommendations will safeguard our company's legal standing and integrity while supporting effective marketing practices.

References

• Samson, R., & Johnson, L. (2019). Copyright Law and Digital Media. Journal of Intellectual Property Law, 15(2), 123-137.
• Taylor, S. (2020). Ethical Considerations in Digital Marketing. Marketing Ethics Review, 8(4), 45-58.
• United States Copyright Office. (2022). Copyright Law and Fair Use. https://copyright.gov
• American Bar Association. (2021). Trademark Infringement and Intellectual Property Rights. https://americanbar.org
• Digital Media Law Project. (2018). Using Third-party Content Legally. Harvard Law School, Berkman Klein Center. https://digitalmedialaw.org
• Smith, J. (2020). Marketing Ethics and Business Reputation. Journal of Business Ethics, 162(3), 497-509.
• Institut for Digital Media. (2019). Content Licensing and Media Rights. https://digitalmedialaw.org
• Williams, P. (2021). Avoiding Legal Pitfalls in Digital Advertising. Advertising Law Journal, 22(3), 215-231.
• Jones, M. (2022). Corporate Responsibility in Digital Marketing. Journal of Business and Society, 20(1), 34-50.
• International Trademark Association. (2020). Trademark Guidelines for Use in Marketing. https://inta.org