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W E L C O M E T O T H E W O R L D O F P U B L I C R E L A T I O N S
12. Insert prepositions:
1) Writers... company newsletters and magazines, primarily using information...
news reporting purposes, generally are... the boundaries... the fair use concept.
2) The use... a selected quotation... an outside source... a product news release or
sales brochure should be cleared... the source.
3) Copyright infringement also extends... videotaping television documentaries
or news programs if the intent is... widespread use... the material... internal or
external audiences.
4) The purpose... a copyright is to secure... the creator... original material all the
benefits earned... creating it.
5) Fair use... material, ... general, can be done... purpose... criticism, comment,
and news reporting.
13. Explain the following statements:
1) Lawyers say that a public relations staff should not copy anything if the intent
is to capitalize on or take advantage of its current renown.
2) The key to a lawsuit is whether an organization is in some way obtaining
commercial advantage by implying that a service or product has the
endorsement of or is closely allied with the literary property.
3) If the material is prepared “ for hire”, the protection runs for 75 years from
the first year of publication or the first year of creation, whichever is shorter.
14. Give a summary of the text
^J^^Topical questions:
1) How do you understand the statement: “Ideas cannot be copyrighted, but
expression of these ideas can be”?
2) Do you know any cases of copyright infringement? Speak on them.
U N I T
FIVE
Trademark Law
An organization’s name, products, slogans, and manufacturing processes are usu
ally trademarked. That means that these things are officially registered and their use is
restricted to the owner or manufacturer. A trademark is legally protected and should
be capitalized whenever it is used.
A trademark is a valuable asset zealously guarded by its owners. Sony, Coca-Cola,
IBM, Porsche, McDonald’s, and Reebok are all registered trademarks. So is the Mer
cedes-Benz star symbol.
Organizations and corporations protect their trademarks in various ways, ©ne
П О С О Б И Е П О А Н Г Л И Й С К О М У Я З Ы К У Д Л Я С Т У Д Е Н Т О В Г У М А Н И Т А Р Н Ы Х В У З О В
79
method is to establish standard policies on how the organization should use and display
its trademarked names. You must know the registered trademarks of your company
and how they may be used.
Companies also guard their trademarks by continually using them, sending adviso
ries to media outlets about proper use of these trademarks, placing advertisements in
journalism publications reminding readers of trademarked names, and monitoring pub
lications to ensure that other organizations are not infringing on a trademark. If they
are, legal action is threatened or taken.
In sum, make yourself familiar with what might be considered trademark infringe
ment. Even if you are innocent, the money and time spent fighting a lawsuit are rarely
worthwhile.
Here are some guidelines the courts use to determine if a trademark has been
infringed:
• Has the defendant used a name as a way of capitalizing on the reputation of
another organization’s trademark?
• Is there an intent to create confusion in the public mind? Is there an intent to
imply a connection between the defendant’s product and the item identified by
the trademark?
• How similar are the two organizations? Are they providing the same kinds of
services or products?
• Has the original organization actively protected the trademark by publicizing it
and using it?
• Is the trademark unique? A trademark that merely describes a common prod
uct might be in trouble. Microsoft, for example, lost a bid to trademark the
word “windows” for its exclusive use.
□ Words and word-combinations
1. to trademark — иметь торговую марку
2. to capitalize — печатать или писать прописными буквами
3. to capitalize on — наживаться, извлекать выгоду
4. advisory — консультант; инструкция, совет
5. to monitor publications — контролировать публикации
6. to infringe on a trademark — нарушать закон о торговой марке
7. to fight a lawsuit — защищать иск в суде; отстаивать дело
8. defendant — ответчик
9. to lose a bid — потерпеть неудачу, пытаясь... lost a bid to trademark the
word “windows” — не удалось получить слово “windows” в качестве тор
говой марки
□ __________________________________
*
Contract Considerations
A contract is a legal agreement that contains three elements: offer and acceptance,
time, and consideration — in the simplest terms, this means that it states what will be
done, when it will be done, and how much will be paid. If any of these elements is
missing, no contract exists. Contracts can be verbal, but it is much safer to put them in
writing. You may need to make contracts with clients, freelancers, and various facilities.
W E L C O M E T O T H E W O R L D O F P U B L I C R E L A T I O N S
Client Contracts
If you are working for or with a public relations firm, it is important that a contract
or letter of agreement be signed. This is a good idea at two levels of the process.
The first level is the request by the client for a proposal of ideas from the public
relations firm. Public relations firms often complain that prospective clients go fishing
for ideas and then implement the best ones without retaining the firms that suggested
them. To preclude this, a firm should draw up a letter of agreement in which the
prospective client promises not to use any of the ideas presented without payment.
Recognize, however, that ideas must be truly novel or original to warrant such protec
tion.
The second level is when the public relations firm actually begins working for the
client. A contract or letter of agreement should spell out exactly what is to be done, in
what time period, and for what amount of money.
If you are charging the client for mileage or working by the hour, this should be
specified. If you are charging by the job, say, for writing a news release, make sure that
you specify a fee that will cover your time and energy for several rewrites. A thorough
discussion of billing procedures and fees at the beginning of a client relationship will
save much agony and recrimination later.
□ Words and word-combinations
1. freelancer — лицо, работающее без договора; внештатный сотрудник
2. facilities — оборудование; приспособление; средства обслуживания
3. to fish for — выуживать (секреты)
4. to retain the firms —
зд.
упомянуть названные фирмы
5. to preclude — предотвратить; помешать
6. to charge smb for mileage — брать деньги на проезд
7. to work by the hour — работать повременно
8. to charge by the job — просить (оплату) за сделанную работу
9. recrimination — взаимное или встречное обвинение
Freelancer Contracts
More and more companies are relying on temporary help to balance their work
load. If 20 hours’ work a week is needed on an account, it is more costeffective to use
a freelancer for 20 hours a week than to hire a full-time employee who is busy only half
the time. The drawback is that some firms use temporary help to get around laws and
regulations that apply to employees. The firm may save money, but the “temporaries”
are denied regular employee benefits.
Generally, a freelancer is not expected to conform to the rules governing regular
employees. A freelancer is an independent contractor. Among the matters covered in
the freelancer’s contract should be ownership of work produced by the freelancer,
maintenance of confidentiality, terms of payment. The job should be paid per unit or
item produced, not per hour worked. Also, it is customary to bar the freelancer from
being employed directly by the client but not by a competing agency.
П О С О Б И Е П О А Н Г Л И Й С К О М У Я З Ы К У Д Л Я С Т У Д Е Н Т О В Г У М А Н И Т А Р Н Ы Х В У З О В
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Facilities Contracts
Meetings, conventions, meals, and outdoor activities are typical occasions where
you will need to negotiate a contract with a restaurant, caterer, or hotel. For your own
financial safety, any contract should be written so that you thoroughly understand basic
costs as well as add-on costs.
For example, a restaurant may quote you $25 per person for a meal but neglect to
tell you that this does not include taxes and a gratuity for staff. On top of this, you may
even find yourself paying a basic rental charge for the banquet room if this isn’t clarified
in your negotiations.
In sum, know exactly what you want and how much the restaurant or hotel will
charge. Ask a lot of questions, and get all price quotations in writing.
□ Words and word-combinations
1. to balance one’s workload — сбалансировать рабочую нагрузку
2. to get around laws and regulations — обойти законы и правила
3. temporaries — временные работники
4. regular employee benefits — пособия, положенные постоянным работни
кам
5. to conform to — соответствовать; подчиняться
6. ownership — право собственности
7. add-on costs — дополнительные расходы
8. gratuity — денежный подарок; чаевые; наградные
EXERCISES
1. Look up the pronunciation of the following words:
zealously, Porsche, Mercedes-Benz, unique, to warrant, mileage, procedure,
banquet, gratuity, freelancer.
2. Give English equivalents:
размещать рекламу, грозить, уникальный, полагаться на ч.-л., времен
ный, недостаток, лишать к.-л. ч.-л., постоянный штат, условия оплаты,
чаевые, устное соглашение, обойти закон.
Reproduce them in situations from the text.
3. Give Russian equivalents:
media outlets, to take legal actions, to be worthwhile, to monitor publications,
to preclude smth, to spell out, on top of this, to be missing, to conform to
smth, basic costs, add-on costs, a caterer* price quotation.
Use them in situations of your own.
4. Translate in writing:
1) the first paragraph of the text
2) the sectors “Freelancer” and “Facilities Contracts”
6-1Э62
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W E L C O M E T O T H E W O R L D O F P U B L I C R E L A T I O N S
5. Give synonyms:
an intent, to capitalize on smth, to draw up, customary, to bar, a gratuity,
novel (adj)
6. Give antonyms:
innocent, rarely, a drawback, verbal, to hire, safe, temporary, to conform to
smth
7.
Answer the following questions:
1) What is usually trademarked?
2) Is a trademark legally protected?
3) How do organizations and corporations protect their trademarks?
4) What are the main guidelines the courts use to determine if a trademark has
been infringed?
5) How many elements does a contract contain?
6) Who may contracts be made with?
7) What do public relations firms often complain of?
8) What should a contract or agreement spell out exactly?
9) Do companies often rely on temporary help to balance their workload?
10) Is a freelancer expected to conform to the rules governing regular employees?
11) What do facilities contracts imply?
12) What should be clarified and specified in such contracts?
8. Translate the following expressions and use them in the sentences of your own.
regular employees —
regular benefits —
regular army —
regular hours —
regular features —
regular customers —
9. Find in the text phrasal verbs, translate them and use in the sentences of your
own.
10. Give the derivatives of the following words. Translate them and use in the
sentences of your own:
to sign —
to require —
11. Explain the grammatical structure of the sentences.
Use the same structure in the sentences of your own.
1) It is important that
a contract
or letter of agreement
be signed.
2) A freelancer
is not expected to conform
to the rules governing regular
employees.
3) It is customary to bar the freelancer from
being employed
directly by the client.
12. Insert prepositions:
1) More and more companies are relying... temporary help to balance their
workload.