Branding Broadcast ContentPresenter: Anna Ward

SBS Lawyer, Content and Rights

ABU Workshop on Copyright and Media Law

21July 2011

SBS today

• 3 national television channels, including High Definition channel and 2 pay television channels delivered via Foxtel

• Audio and Language Content channels nationally (AM & FM) in 68 languages plus web and TV productions -Mandarin VCC

• Online network evolving for the high speed national broadband network (NBN)

• Mobile distribution via partnerships

SBS Brand

Online, Television: SBS and STV, Radio

Social Media (FaceBook, Twitter)

SBS Brand - Products (DVDs, Books, Events)

Corporate - Advertising & Promotion

Commercial

Six Billion Stories and counting…

What is “Brand”?

Formulating a branding strategy:

Brand is not about reinventing an organisation or presenting it as something different from what it is.

It is not about forgetting who we are, or where we have come from: it is about the ‘evolution’ of SBS as an organisation to continually meet our Charter obligations.

SBS brand

Commitment to audience

Making a difference

Curiosity and creativity

We focus on …

SBS leads the exploration of the real, multicultural Australia and our diverse world for all Australians,

independently, distinctively and courageously

Charter

Media Industry - Competitive pressure for broadcasters

Broadcasters

Print Media

TelcosSearch Engines

Pay TV & Music

Billing relationships

“The latest” factor& classifieds

Mass traffic

Historical barriers to entrydeclining (e.g. licences &

geography)

Leverage

Leverage

ProductionHouses

Content is king Leverage

Leverage

Where is SBS heading?

Proliferation ofamateur content

New content services

Fragmentation of eyeballs

Next stage of Multiculturalism

Global Brands

Environment SBS

Reflect multiculturalAustralia

Trusted curator

Exploit our differenceMass competing

interests

The branding task?

When viewers are thinking of exploring their world we need them to understand that they would be best to do that with SBS.

We need our brand to stand for something special in their hearts and minds.

The branding challenge

What if your content: entertainment and information is of equal value to another media organisations?

That’s why content unified under a distinctive brand is important.

What is “Brand”?

It is the intersection of three key organisational elements:

• our vision (Charter and Purpose of SBS)

• the culture of SBS (the way we do things around here

• the public image of SBS

VISION

IMAGE CULTURE

SBS Charter & Purpose – what we aspire to be

How people see and think about us

“The way we do things

around here”

BRAND

Introducing SBS logos - 1980s

Distinctive SBS logo 1992-2008Cato mercator Design

SBS 90s branding in action

Ayse Kemikoglou

and Ozen Ozuner;

broadcasters from

SBS Radio’s Turkish

language program at

an outside broadcast

in 1990s

Case Study: SBS Reasons for rebranding in 2009

• SBS did not have a unified visual identity

• SBS’ identity had last been looked at in 1991!

• SBS redefined its purpose and values for staff and government and it followed that the brand should also be reviewed

SBS – rebranding process

Audience Research told us:

• We were ‘out of date’ - our look was old fashioned

• They were unclear about what we stood for

• Not what people think of a modern media organisation

• We were not playing a leading role in modern Australian multiculturalism

SBS branding process

Strategy

• We began with words, to give our purpose and charter “consumer friendly” language

Campaigns often use multiple signs concurrently to reinforce the message

We’re now ‘Seven billion stories and counting…’

SBS – rebranding process

Strategy

Understanding the value of our old logo, in 2008 we decided to commission a new designer to modernise it, retaining the image of the world at 23 degrees

Implementing branding process

Legal Issues

Using prior copyright material

• Pre-existing copyright in logo design

Generally, designers of corporate logos assign their work to the client

• Contractual issues

Implementing branding process

Legal Issues

Protecting the new brand

• Words/Slogans

• Design

• Composite works

• Website

Brand protection - trade marks

The marketing brief

SBS sought to protect:

• Words /Slogans

• Logo design

• Composite static works

• Composite animated audio-visual works

Brand protection – slogan marks

Slogans are a brief attention–getting phrase used in advertising and promotion

Slogans and/or combinations of words can be registered as a trade mark if they are used to:

– Identify and/or distinguish services and/or goods from those of a competitor

– Indicia of the source of services and/or goods

Brand protection – slogan marks

Slogans may be difficult to protect:

• If the use does not successfully identify it with certain services and distinguish those from others in reality

Roux Labs., Inc v Clairol, Inc., 427 F. 2d 823 (C.C.P.A. 1970)

• Question your client about why and how they want to use a slogan: TV, online, radio, print advertisements and merchandising?

Brand protection – slogan marks

How does slogan relate to corporate ID?

Example

L’Oreal: ‘Because you’re worth it’

– Registered Word TM in Australia: 896313

– In Class 3: Perfume, lists other products for personal use

– Owner: L’Oreal, France

Trade mark registration - colour

• A trade mark may be registered with limitations as to colour e.g. Cadbury’s international registered mark: 819608

– Endorsements: Trade Mark Description: Colour Claimed: PURPLE, WHITE and BROWN; The background colour of the mark is predominantly PURPLE, with the word CADBURY in WHITE, an ellipse and broad tail flow are in WHITE and a smaller square chunk in BROWN.

• Unless otherwise specified trade marks are registered in respect of all colours

Trade mark registration - sound

• A sound can be registered as a trade mark

• For example, the Sakata WORD mark on packaging plus the jingle that repeats the syllables SA-KA-TA in TV commercials

Initially, 4 trade marks registered ®9 classes: 9,16,25,28,35,38,41,42,45

Why it is important to trade mark Newsflash: ABC stands little chance of stopping

Ten Network from launching AM program. (18 July 2011). The ABC is unlikely to be able to protect its long running radio program AM est 1967 because it has not registered the name of its flagship radio show as a trademark. http://www.theaustralian.com.au/business/media/abc-stands-little-chance-of-stopping-ten-network-from-launching-am-program/story-e6frg996-1226096371450

International brand protection - trade mark

• Often it will be in the interests of a broadcaster to protect its trade marks internationally, especially because of global internet use and online sales.

Example:

– Australian Broadcasting Corporation (ABC) has registered its logo as well as BANANAS IN PYJAMAS in Europe.

International brand protection - trade marks

Consider:

• It can be very expensive

• Focus on the most important marks, markets and classes: analyse where you programs/products are distributed

• If you protect a mark in one territory, you may have the advantage of a six month window from your national filing date in which to apply for your international marks

International brand protection - trade marks

Practical tips:

• If you apply under the Madrid Protocol, Australian applicants, for example, can apply in up to 80 countries at once, including the European Community, the USA, Japan, China and Russia

• But excluding non-signatories to Madrid e.g. Canada and New Zealand, so you would have to use agents in those territories.

International brand protection - URLs

Trade mark protection will not automatically reserve you a web address

To protect its brand, SBS registered www.sbs.com.au , www.sbs.com.au/news etc.

We also registered

<www.sixbillionstoriesandcounting.com> and

www.sixbillionstoriesandcounting.com.au

International brand protection - URLs

• If available, it’s easy to obtain a domain name by going to the national designated centre.

• SBS uses an auDA accredited registrar www.melbourneit.com.au to manage our portfolio.

• Yesterday Ms Rammit Kaur from KLRC for Arbitration spoke about how the system works and on Domain Name Dispute Resolution

Summary of discussion

• Formulation of branding strategy

You must wed IP to business strategy

• Implementing effective branding

• Management and Monitoring

• IP protection and enforcement

In house Brand Management

SBS has a Brand/ Trade Committee to develop and manage its IP assets

. Members from Marketing, Radio, Commissioned Content, News, IT, Distribution and Sport

. Meets quarterly / Quarterly Monitoring service

. Managed by Legal

. Centralised Budget

. Benefit of TM attorney, as required

.

.

Acknowledgements

Jacquie Riddell, Director of Marketing SBS http://www.sbs.com.au/blog/107828/The-SBS-brand

Wayne Covell, trade marks attorney Worthy of the Name ® www.waynecovell.com

Kimberly A. Eckhart, Winston & Strawn LLP, San FranciscoPrepared by Anna Ward © 2011, All rights reserved