Commentary

80 Clearance of existing material

ADVERTISING AND MARKETING vol 1
| Commentary

80 Clearance of existing material

| Commentary

F: USE OF EXISTING MATERIAL IN ADVERTISING

80 Clearance of existing material

Advertisements often contain a number of elements in which existing rights subsist, or whose use in the context of the advertisement may give rise to potential third party claims. The following paragraphs examine the clearance requirements for a number of categories of such elements, although this should not be regarded as an exhaustive list. Reference to an item being ‘cleared’ for use means, unless the context indicates otherwise, that all relevant owners of rights in relation to such item have given consent to such use in a legally

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