Wording of Copyright disclaimer
We have a large client that wants to add a copyright disclaimer onto their videos, which are typically posted on their dealer web sites. The company has some proprietary processes and designs that are promoted on this site, but they want to "warn" the dealers not to divulge, discuss or share this info with competitors.
The dealers typically sell several companies products. So the analogy would be Callaway Golf showing the dealer the "secrets" that make their club perform better in terms of construction, forging etc. Then the dealer taking that info and telling or showing it to their Titlelest rep.
So what I'm looking for is suggestions on where to find examples of written copy covering something like this I can send as examples to the client.
Magnetic Image, Inc.
Sounds like a job for the client's legal department. I'd never take a stab at drafting legalese.
In a pinch, just reiterate what you wrote in the post as clearly as possible. "This video contains propreitary information meant exclusivly for ____. Do not ____."
If people can understand what you mean, they could be slighly more likely to comply.
That's pretty much what we told them, but they insisted we give them something to "start with." So I'm just trying to give them some examples. I already sent them excerpts from several web sites, one of which is a company that's part of their larger conglomerate. The parent company owns several large companies in different industries, from entertainment to sporting goods to food and beverage.
So just thought somebody might have something they regularly use that they could copy/paste as additional reference.
What the company is concerned about is their dealers divulging proprietary information to competitors, but that very information is what usually persuades these dealers to recommend the client's products to consumers.
Magnetic Image, Inc.
More than one of my clients adds the following legalize to the bottom of every email. I would imagine that you could easily change a few words, drop a few others, and have an excellent starting point for your client's disclaimer.
"This e-mail is intended solely for the use of the individual(s) or entity named above. It may contain confidential or privileged information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited."
David Roth Weiss
David Weiss Productions, Inc.
POST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.
[Bill Dewald] "I'd never take a stab at drafting legalese."
I fully agree. Playing amateur lawyer is a recipe for pain AND serious expense when what you've written -- or more likely left out -- creates the need for you to hire an actual lawyer to try to fix your mistakes. That said, and kind of a parallel situation to the poster's original question, what I've done in the past is ADD myself within the disclaimer written by the client's attorney. Most recently I did this in a training video where there's a strong potential for future liability should someone get hurt on the job and their lawyer want to point fingers in every possible direction.
Here's the disclaimer with my additions in bold and italics:
This presentation, and/or the information contained herein, is not intended to replace, or be used in place of, the Original Equipment Manufacturers or other vendor's operating or safety instructions relating to methods, procedures, machinery, equipment or other products.
This presentation is presented for educational purposes and is therefore supplementary and not to be considered exhaustive. (Client), its officers, directors and employees as well as the programs' authors, producers and video crews hereby disclaim any and all responsibility for any loss, injury, damage or expense directly or indirectly arising out of or relating to use or reliance on this presentation or the material contained in this presentation.
Copyright (c) 2008 by (client) - All Rights Reserved
This program may not be copied in whole or in part without the written consent of (client).
Also as stated within this thread, you can write a plain English statement of what the powers that be want said, but go on record, in writting stating that you are not a lawyer and that one should be used to review the statement for legality.
One more thought: Someone in this process is being extremely naive to think that a warning on a video is going to provide much in the way of competitive protection. If a dealer wants to show something to one of his buddies, he's going to do it. Having them sign a really serious looking NDA (Non-Disclosure Agreement) that threatens them with serious consequences in order to even be able to view the video is a much better strategy.
But what do I know? I'm not a lawyer. Just someone who has signed NDAs which read such that if I blabbed I could lose my house.
Putting proprietory information on a web site!?? Just how long do they expect to keep their secrets?
Sounds to me like the client should have a non-disclosure agreement with their dealers. Putting a copyright notice on a video does not mean that competitors can't see it, they just can't copy it. Putting something on a web site is giving it to the world.
Hey guys...I agree with all of you. I'm just trying to give the client what they asked for. Thanks for the suggestions on copy...and yes...we've advised them of everything everyone has mentioned in the thread.
They realize they can't stop anyone from sharing info they readily provide...but the websites the video is going on are restricted. You have to be approved for access and be given a password by the manufacturer.
Like every other company out there...their orders for 2009 are down 50% from the same time last year. So they're looking for anything that gives them an edge over the competition.
Magnetic Image, Inc.