Just yesterday I wrote a post talking about the possible legal repercussions that Shakira’s song could have.
The possible legal implications of this issue were evident: right to honor of those involved in the song, the use of trademarks in a derogatory and comparative way, and a possible case of alleged plagiarism https://lnkd.in/d4qnECeV
It would cross any lawyer’s mind that there are a number of possible lawsuits involving millions of dollars for these concepts, especially given the visits and the impact on networks and the reputation of the people involved and, perhaps, as an aggravating factor. , the anonymity of one of them who faces fame in this stark way.
On the other hand, brands could also be affected by these references of a comparative and pejorative nature. Why not claim damages?
On the other hand, we would have the right that Shakira has to express herself artistically as she wants. In fact, the limits of “freedom of expression” in the artistic world are extended, precisely, so as not to restrict that creativity. In addition, the fact that there is a fragment that resembles another previous song does not necessarily imply that there is plagiarism. This word has been used with very little seriousness and criteria.
The legal profession in the 21st century
I have been expressing for some time that the “lawyer” is experiencing a beastly crisis on many levels. The liberalization of the sector has not helped a profession whose offer far exceeds the demand and this, increasingly, becomes more specialized. The list of “rejected” in Infojobs is depressing and no matter what resume you have, each time you are looking for something more specific, complete and complex: the unicorn.
In addition to the need to have degrees, the use of three or more languages fluently, soft skills also count, those social and emotional skills at work that are so necessary. I recommend that you follow Juan Pedro Sánchez, an expert in the field.
And, as if this were not enough, most lawyers are completely alien to the 3.0 universe: poorly made websites and little or no effective use of RRSS. I would like to highlight Borja Adsuara Varela on Twitter; the award-winning Gerard Espuga Torné on Linkedin, or Andrés Millán (Lawtips) on Tiktok, as references on how to use the RRSS to contribute something and, by the way, of course, make a name for yourself.
And when many still do not handle these realities, Chat GPT arrives and the AIs that come and leave, even further behind, those who were not included in the above.
But, really, for me, what is relevant is the lack of marketing and sales skills that some of us have, it is a real problem. For this there are compañer@s who are carrying out large campaigns to help lawyers like Bárbara Jefaza or Noemí Carro.
Back in time
The other day I was talking with Hugo De Juan Jordán, PhD who is CEO of Encamina, a Microsoft partner software company, and director of all Marketing for his company. I remembered the “fights” that the legal (me) and the marketing ones had every two by three: if these images have rights, where did you get that information, if the GDPR… in the end is what I another client said: lawyers cost money and don’t make money. In a way, he annoyed me because I know how important it is to have all the legal issues covered, but what a company really wants is to sell. Nose, I WANT TO SELL (perhaps for that empathetic reason I am so belligerent with the GDPR)
The revelation
Yesterday, with all the legal issues that were on the table, most of us thought that there would be million-dollar lawsuits but something happened: the Image and Marketing department of various protagonists in this story took the reins and reacted (I don’t know if with the report, permission or prior consultation of the relevant lawyers) and, where there could be a potentially million-dollar lawsuit, with all that this entails (time, anguish and uncertainty) they decided that there would not be one. The image and the business took precedence, obtaining a spectacular revenue. Marketing won over Law.
Casio increased its followers on Twitter by 60% with some tweets that have been very viral. From adversity, take advantage and for free. Shakira would not want to discredit the brand, that is evident, I doubt that a lawsuit would have been successful but the law is not an exact science, what has been exact is the benefit they have taken from the opportunity.
But not only that. Piqué took advantage of the crisis to take advantage and promoted his recently released program “Chup Chup Kings League”, a live program where the ex-soccer player meets streamers such as Ibai Llanos or the Grefg and also announced that he had reached an agreement with Casio and that he will go in Twingo to the matches
And the demands? I imagine my face after presenting a fee proposal to handle the affairs and then being told: hey, the one from Marketing has solved our ballot and is making us earn money.
The crude reality
The raw reality is that this issue is the clearest indication that advocacy is necessary. “But weren’t you saying that…?” Yes, of course I do, I am saying that companies are finding it more profitable to do haikido than boxing, that is to say, that everyone needs a Marketing department well advised by a legal team that is well versed in intellectual property issues , brands, right to honor and technology and that they collaborate on a fluid and daily basis.
Of course the calls influencers They need legal support but also someone to advise them in other areas, which are many.
That the lawyer is no longer “the one I pay and on top of that, he gives me problems” but the one who is part of the team on an equal footing with other departments and directly related to the CEO of the company.
This is the sample, what happened yesterday, wow, that “A good marketing campaign is better than a good lawsuit”
#Shakira #Pique #Casio #Right #Marketing #Intellectual property #RedesSociales #righttohonor