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Fictional Characters and the Right of Publicity: Policies, History, and Conflict

August 3, 2020December 24, 2017 by admin

I. Introduction to the Right of Publicity

Much discussion has centered on the parameters of the right of publicity as it relates to actors and the fictional character which they portray. The Ninth Circuit has provided the most expansive definition of the right of publicity; however, many critics believe the court’s decisions were ill-conceived and only added to the confusion surrounding the right of publicity. This paper addresses the right of publicity and its origin. It then discusses the Federal Copyright Act and the confusion it causes regarding the right of publicity. The next portion goes on to discuss different ways in which the right of publicity could be preempted by the Federal Copyright Act. Part IV addresses possible First Amendment issues which the publicity right could face, and the likelihood of a publicity right claim surviving a First Amendment defense...

Artist Publicity Agreements

August 3, 2020December 24, 2017 by admin

10. This Agreement shall not be construed to create a partnership or joint venture between Artist and Publicist.

It is an Agreement between independent contractors. Artist desires to benefit from that which the Publicist can do. Artist desires to compensate Publicist. Artist does not desire to obligate himself to pay Publicist large amounts of dollars per hour, day, week, month, year, or any other period. Artist does desire a relationship to exist between the compensation to Publicist and Artist's ability to pay. Artist understands the difficulties in finding a 100% accurate manner in measuring the value of Publicist's services. Occasionally in the business an Artist pays to a person performing the services Publicist shall perform on behalf of Artist, a percentage of the income of the Artist. Both parties understand that Artist may have the benefit of receiving work from Publicist which...

The Murder In Merger: Mergers And Acquisitions As Violent Events Of Organisational Transition

August 3, 2020December 24, 2017 by admin

Abstract

Drawing on my work as an organisational development practitioner, my PhD research and an international research project this paper considers participant and media generated ‘texts’ of mergers and acquisitions (M&As). Using an interpretative textual analysis based on a psychoanalytic framework the paper explores re-presentations of M;As and the impact this has on our understanding of this area of organisational activity. Four M;A cases (Nestles/Pfizer’s Baby Food, AOL/Time Warner, Body Shop/L’Oreal and London Film Makers Co-op/London Electronic Arts) are used as illustrative studies.

FIA Concorde Agreement Business Model in F1

August 3, 2020December 24, 2017 by admin

The Concorde Agreement is a contract between the business division of FIA – also called “Formula One Administration” (FOA) and all the F1 teams, which dictates the terms by which the teams compete in races and in return obtain their share from media broadcasting royalties, on-track advertising, and fees from the racetrack owners. The most recent version of the contract was signed in 2013.

A Letter Of Intent Is Enforceable. A Letter Of Intent Is Not Enforceable.

August 3, 2020December 24, 2017 by admin

Is a Letter of Intent enforceable?

Unfortunately, there is no simple answer to whether a Letter of Intent (“LOI”) will be enforceable. It could be: (A) yes; (B) no, not at all; (C) some parts yes, and some parts no; (D) no, but it will be treated as if it were; and (E) no, but it may affect the parties’ later agreement. While most courts understand the non-binding concept of an LOI and its role in a commercial transaction, there are exceptions where a court will treat the terms of the LOI as the “real deal.”

Best Practices on Contract Design in Public Private Partnerships

August 3, 2020December 24, 2017 by admin

1. Best Practices on Risk Allocation

One of the most important issues in designing a Public-Private Partnership (PPP) contract for infrastructure projects is the allocation of the project’s risks between the public and private parties. As we have discussed in the companion paper, the risk allocation is a means to give appropriate incentives for the private partner to perform according to the contract terms, thus achieving value for money.

Outcome Uncertainty, Attendance, and Television Audience in NASCAR

August 3, 2020December 24, 2017 by admin

Abstract

Using data from the 2007, 2008 and 2009 NASCAR seasons, this paper shows that the uncertainty of outcome hypothesis pertains to both race attendance and television audience, with the former only responding to race-level uncertainty and the latter responding to both race-level and season-level uncertainty. Of the other contributing influences, the price of gasoline and the unemployment rate were both unrelated to race attendance during the sample period, counter to conventional wisdom expressed during the declining attendance and ratings of the 2009 season. We also find that NASCAR broadcasts lose audience when competing against other big-interest sporting events and that declines in both television ratings and audience size during the NASCAR season were not unique to 2009, again contradicting conventional wisdom. Overall, the empirical evidence suggests that declining competitive balance might have been the common factor that reduced both television audiences and race attendance during this period.

Equilibrium Binding Agreements

August 3, 2020December 24, 2017 by admin

INTRODUCTION

The aim of this paper is to study equilibrium binding agreements, the coalition structures that form under such agreements, and the efficiency of the outcomes that result. The approach that we take is in the spirit of cooperative game theory, in the sense that the concept of ``blocking'' by a coalition is one of the primitive features of our analysis.

The Economic Analysis of Advertising

August 3, 2020December 24, 2017 by admin

1. Introduction

By its very nature, advertising is a prominent feature of economic life. Advertising reaches consumers through their TV sets, radios, newspapers, magazines, mailboxes, computers and more. Not surprisingly, the associated advertising expenditures can be huge. For example, Advertising Age (2005) reports that, in 2003 in the U.S., General Motors spent $3.43 billion to advertise its cars and trucks; Procter and Gamble devoted $3.32 billion to the advertisement of its detergents and cosmetics; and Pfizer incurred a $2.84 billion dollar advertising expense for its drugs. Advertising is big business indeed.

Corporate Sponsorship in Culture – A Case of Partnership in Relationship Building and Collaborative Marketing by a Global Financial Institution and a Major Art Museum

August 3, 2020December 24, 2017 by admin

ABSTRACT

Purpose

This paper examines cultural sponsorship from a partnership and relationship marketing perspective. It studies a case of how a partnership between two international institutions, a bank and a museum, adds value to both in terms of interaction with customers and breadth of audiences. The paper further points to key aspects of resource integration in a co-marketing partnership.

Design | Methodology

he data were generated through an in-depth case study of a sponsorship collaboration between a major global financial institution (UBS) and a multi-site major museum (Guggenheim). The primary sources of data were interviews with key representatives over a 12-month period and direct observations....

Measuring Sponsorship Effects On Consumer Purchasing Intentions

August 3, 2020December 24, 2017 by admin

Abstract

In this paper the role of sponsorship in achieving the managerial goals of a firm is studied. In addition, it is examined whether sponsorship can be attributed to the Public Relation Theory and Practice. A survey is conducted and a questionnaire was distributed to consumers living in Athens in order to examine whether firms, which use sponsorship as a strategic tool aiming to form relationships with the consumers, actually achieve their goal. The questionnaires which were distributed to the consumers were statistically processed using SPSS. Various aspects which may affect a firm’s managerial decision in undertaking sponsorships are analyzed. The obtained results are also used to investigate whether there is a connection between the organizational goals (related to sponsorship) and consumers’ behavioral/purchasing intentions.

An Investigation of Sport Sponsorship Antecedents and Outcomes through Levels of Sponsor Prominence

August 3, 2020December 22, 2017 by admin

Abstract

Currently, global sportsponsorship is a multi-billion dollar industry that continues to show strong year-to-year growth (IEG, 2016). Additionally, the current body of sport sponsorship literature has reported the effects of salient attitudinal and behavioral constructs on sponsorship effectiveness. For example, previous studies have indicated that the perceived sincerity and attitude toward a sponsor do positively effect a consumer's behavioral intentions toward a sponsor (Speed &Thompson, 2000; Biscaia, Correia, Rosado, Ross, and Marco,2013). Therefore, the purpose of this study is to measure consumer attitudes and behavioral intent toward sponsor, through experimental design, when exposed to one of three hypothetical sponsorship scenarios. The hypothetical sponsors were classified by their level of national market prominence (e.g. national, regional, or local) and participants completed an online survey containing salient attitudinal and behavioral constructs. The final sample size was 1162 and were recruited through Amazon Mechanical Turk. The final MIMIC model exhibited data-model fit very well. Results indicated that local sponsors, when covered by a hypothetical sponsor’s level of national market prominence,were the best predictor of consumer attitudes and behavioral intent.

Sports Sponsorship As An International Marketing Communications Tool A Multiple Case Study Of Finnish Companies

August 3, 2020December 21, 2017 by admin

Research Objectives

Sponsorship as a marketing communications tool increasingly attracts academic interest; however, the international aspect of the practice of sponsorship has not yet been extensively studied. The purpose of this study is to examine how sports sponsorship is utilizable as an instrument of international marketing communications in an effective manner in context of companies’ international operations. The theoretical part of the study aims to isolate the characteristics of effective international sports sponsorship, and on the basis of the theoretical review, a theoretical framework is proposed. In the empirical part, the case companies’ international sponsorship activities are examined and interpretations on the effectiveness of sports sponsorship as a method of international promotion are made resulting in a modified framework.

Sports Sponsorship Effectiveness Investigating Awareness, Sponsor Equity and Efficiency

August 3, 2020December 10, 2017 by admin

1.1 Introducing the Sponsorship Market

Over the last decades sponsorship has evolved from a merely philanthropic activity to a popular marketing vehicle and consequently budgets have been rising (Nufer & Bühler, 2010). In the current sponsorship market million-dollar contracts are the rule rather than the exception. The majority of sponsorship investments is in the area of sports, such that sponsorship and media rights are the “main engines” of growth and professionalism in the global sports market (PricewaterhouseCoopers, 2011, p.4). In particular Pricewaterhouse Coopers (PwC) projects a worldwide increase in spending on sports sponsorship to $45.3 billion in 2015 (PricewaterhouseCoopers, 2011). Sponsorship managers recognize the commercial value of associating their business with a well-known and beloved property. They hope to achieve a multitude of objectives, including brand equity and customer relations goals, through sponsorship. Yet in the current difficult economic situation, marketing investments, including sponsorships, are under increased scrutiny such that “companies that are signing new or re-signing deals are showing...