March 1st, 2010 by Wadds

Reputation Online: Copyright, defamation and privacy online vs. traditional media

Here’s an article that I’ve written for Reputation Online based on a presentation by media litigator Gideon Benaim, partner, Schillings Lawyers, at the CIPR Reputation Management conference in Manchester last month.

Mr Benaim made the case that social media is not beyond the reach of copyright, defamation or privacy laws. He cited cases where injunctions had been served on multiple ISPs as a defensive strategy to avoid the publication of sensitive corporate material and cautioned that rapid response was crucial.

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February 22nd, 2010 by Wadds

Reputation Online: ‘Blogging is broken’

Here’s an article that I’ve written for Reputation Online based on the content from the corporate blogging workshop that I ran last week at the CIPR Reputation Management conference.

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February 18th, 2010 by Wadds

CIPR Corporate Reputation blogging workshop

Here’s my presentation from the CIPR Reputation Management conference which took place at the Bridgewater Hall in Manchester today.

I led a workshop on corporate blogging that examined why blogging was broken amongst UK corporate organisations, looked at examples of good corporate UK blogs, examined how to generate authentic content and the process required to kick start a corporate blog.

Many thanks to Ged Carroll, Stephen Davies and Rob Fenwick for their help in putting the session together. And to Speed’s Caroline Allen and Clare English.

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January 29th, 2010 by Wadds

Inconvenient PR Truth campaign is plainly inconvenient

PR and media response to the Inconvenient PR Truth campaign launched yesterday falls into two camps: broad agreement or a direct challenge, not to the key message of the campaign, but its style.

The irony could not be more delicious. The campaign has utilised a well worn PR tactic, namely powerful content, to get attention. It’s pulled in opinion from across the industry and is now an open platform for discussion.

There have been lots of positive comments. Conversations are taking place on the campaign site itself, blogs, Twitter and an article on the PR Week site. There has been lots of positive input.

But the campaign’s language has also been the target of criticism. It stands accused of opportunism and dramatising the issue, yet much of the content is collated, or crowdsourced to use digital parlance, from articles and blogs where PR spam has been debated over the past two to three years.

Realwire and the campaign in general have been called “arrogant” for its approach to raising the issue. I caught up with its CEO Adam Parker for breakfast this morning. He has strong opinions which he is forthright in sharing but he certainly isn’t arrogant. Engage on the issue and you’ll find out for yourself.

Parker’s objective was to create a discussion around the issue across the PR and media industries and work towards some solutions.

Yes of course it would be great if a PR or media industry organisation or publication was campaigning on this issue – but they aren’t and none have picked it up until now. In his latest blog on the campaign site Parker goes as far as offering to start-over and calls on the CIPR or the PRCA to take up the issue.

Final thought: maybe PR spam isn’t really the issue that it is claimed to be by bloggers and journalists, in which case the campaign will die a natural death. But I doubt it.

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January 11th, 2010 by Wadds

Meltwater’s Copyright Tribunal claim vs the NLA considered

The PR industry is celebrating the NLA’s “climb down” last week over its web licensing scheme. The move followed Meltwater’s challenge of the scheme via the UK Copyright Tribunal.

The NLA said last week that it was suspending invoicing until the Copyright Tribunal reports its findings. In its submission Meltwater has asked the Tribunal to refund any fees if its claim proved successful.

“We’re delighted that the NLA has decided to suspend invoicing for its ill-considered new web licence pending the outcome of a Copyright Tribunal brought about by Meltwater,” said Kevin Taylor, Past President, CIPR in a statement.

But celebrations could be premature as the PRCA’s director general Francis Ingham recognises.

“[…] The NLA say they’ll retrospectively bill users if the Tribunal happens to rule in their favour. I think they’ll lose the case, but even if they were to win, I am extremely doubtful they would find it easy to back-date bills – I know they’d like to be a wing of the Revenue, but they’re not.”

Steve Earl has waded through Meltwater’s 30-page submission to the Copyright Tribunal. He studied media law and has considered the arguments in a post on his blog. It’s well worth a read.

He believes that the Meltwater claim rests on three points:

  • the information that Meltwater provides to its customers is “a necessary step in the act of receiving a literary work”
  • Meltwater “signposts” news that breaks online. Any copyright obligations are between the publisher and the end-user
  • URLs are not intellectual property and cannot be considered part of a copyrighted literary work

Meltwater has asked the Copyright Tribunal to rule that end-users who receive its aggregated lists of breaking online news stories are not breaking copyright law in any way.

In a comment on this blog last week Durrant’s managing director Jeremy Thompson said:

“Meltwater are challenging the NLA’s right to licence hyperlinking which they believe is against the spirit of the internet. They tried something similar in Scandinavia and failed.”

The Copyright Tribunal could take up to 12 months to adjudicate on the case. In the meantime the PR industry is celebrating last week’s announcement by the NLA as an early victory.

Francis Ingham has the last word.

“The fundamental point is this though. If they were confident of their position, they wouldn’t have blinked. But they have. And in our view, it’s because their bluff’s been called,” he said.

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December 8th, 2009 by Wadds

CIPR and PRCA stand firm in opposition to NLA web licence

The PR industry trade associations are standing firm on the issue of business-to-business web licensing. Here’s reaction from the CIPR and PRCA on news that the NLA’s licensing scheme will go ahead in the New Year.

“I can think of no other organisation that would charge you for improving the lifeblood of their business. Member schemes usually involve a reward, not a fee. […] I find it hard to accept that my members should pay fees for increasing the readership of content that is available free of charge.”
Kevin Taylor, President, CIPR

“[Our] position hasn’t changed. For so long as content is freely available, I think this is an unfair and legally un-enforceable charge.”
Francis Ingham, Director General, PRCA

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December 2nd, 2009 by Wadds

Q&A: President Kevin Taylor on the CIPR’s trading position and its future

Kevin_Taylor_DSC_3110The Chartered Institute of Public Relations (CIPR) has hit the headlines in recent weeks after it reported that it expects to make a loss of £700,000 this year.

I caught up with President Kevin Taylor this morning to talk about its trading position, the future of professional membership organisations as communities assemble online, the move to Russell Square and the three-year plan to put the Institute on a firmer footing.

Q: On what financial basis does the CIPR continue to operate (based on £336,000 net assets at the end of 2008 less £700,000 reported losses)?

What you have to understand is that the loss we are likely to report is not all in cash terms. We are currently enjoying a long rent free period on our property at Russell Square: this means that since the summer there has been no physical payment of rent at all. However, we needed to show a share of the total rent due over a five year period in our 2009 profit and loss account.

Our professional advisers, accountants Chantrey Vellacott, are happy that the Institute is a viable going concern. We are, of course, keeping a strict eye on our cash flow.

Q: What is the plan to put the CIPR back on a firmer financial footing?

There are a number of processes ongoing and concurrent.

Firstly, from an income point of view, there is a three-year business plan in production which is involving wide consultation with senior practitioners, members, volunteers and of course, the Council and Executive Board.

This plan is wide ranging. It will review – among many things – the future of the membership model in a world where communities are increasingly gathering online. We want to build a best practice CIPR for the digital era. This work had started before the extent of the financial situation had fully emerged.

Secondly, and – as I said – this is taking place in parallel, there is a structural review of the Institute itself. Again, we are drawing on senior help from outside the current Board and taking a root and branch review of the staff structure required to support the member services and the most valuable trading areas.

Of course these two reviews will interlink so that the structure supports the plan.

Finally, there is the final stages of a Governance Review which I initiated at the start of the year. This looks at the fundamentals such as Board requirements and duties, financial responsibility and national, regional and sectoral committees and group accounting arrangements.

Q: How did the Institute find itself liable for such a substantial property termination cost (1.5 x net assets) with no apparent safety net?

This question – or variants of it – is the one I am constantly asked and I am pleased to have another chance to explain. I shall do so at length, for which I apologise, but it is important that people understand the whole story.

Firstly, the CIPR never entered – at any stage – into a rental agreement lease with Mr Kallakis, the “property tycoon” whose companies are at the centre of a serious fraud office investigation.

The CIPR originally leased the property in 32 St James’s Square from a company acting as managing landlords for a long-standing reputable British company.

However, as the lease approached the beginning of its final year, the company concerned sold 32 St James’s Square to one of Mr Kallakis’ companies.

Shortly afterwards, our new landlord applied for and obtained planning permission to turn the property back into a private residence and served us a legal notice to quit. At that stage he also agreed to pay us the required statutory compensation, to waive our rent if we vacated before the end of our lease, and also to forego a dilapidations claim at the end of the rent period because of the building works he was planning.

We began our property search and found in Russell Square the ideal building. It offered more usable space, a long lease with established London land-owner Bedford Estates, and a rent that was comparable with 32 St James’s Square.

We therefore agreed to take over Russell Square and negotiated a long rent-free period.

Unfortunately, that’s when things started to go awry. Firstly, the Bank repossessed 32 St James’s Square and other properties owned by the same company. We now had our third, and final, landlord.

The new landlord was not obliged to honour the terms we had been offered and therefore we paid rent on 32 St James’s Square until the end of the lease in July. Because we are rightly accounting for the rent at Russell Square as well, that effectively doubled our rent outgoings in the annual profit and loss account for seven months.

Further, we faced a six-figure bill for dilapidations on 32 St James’s Square. After tough negotiations we reduced this but it contributed to exceptional one-off property costs that amounted to more than £500,000.

Further, our original deposit on 32 St James’s Square – £125,000 – is yet to be returned. We are working hard with our legal advisors to recover this money.

I look back, as a Board member and elected Officer of the Institute these past two years, and honestly believe that at every step of the way we took the right decision based on the evidence available. It hurts me, and of course I fervently wish it hadn’t happened on my watch, but it has and what matters now is what we are doing to put matters right and restore the CIPR’s finances.

Q: What action has been taken to halt trading losses during 2009?

We have instituted a series of immediate cost saving measures across the board, including personnel, which we considered could be implemented with minimum effect on member services and our trading programme. As you will expect, services to our members remain our priority.

Q: Has a fund raise from members been considered? This is a tactic that has been used previously by professional trade organisations in similar circumstances.

We considered raising our membership fees this year but decided to hold fees and work hard at member retention and growth. Our membership is still growing and I firmly believe that initiatives such as the Chartered Practitioner scheme will enhance the standing of the Institute and of membership.

Q: Any other points you want to make?

Yes – being on the receiving end of the story is a salutary experience for a PR professional. I have not been short of advice – before and afterwards – about how to handle this situation.

By and large, I’m happy with what we have done. We were proactive with the bad news at the start, we’ve taken every opportunity to explain the situation and I have written or responded to every member that has asked questions.

We have had praise for the way we have acted in difficult circumstances and understandable criticism as well. But even within the criticism, one thing has been plentiful: goodwill towards the organisation. And that offers me hope for the future.

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September 23rd, 2009 by Wadds

Could the D&AD be a model for payment-for-pitching in the PR industry?

The D&AD was set up in 1960s by the advertising and design industry to celebrative creative communication, reward its practitioners, and raise standards.

The D&AD seeks to protect intellectual property in pitches through fair payment for work. It has also created a series of effectiveness awards that test objectives, strategy, tactics and measureable outcomes. The awards are a meaningful benchmark for campaigns in the design industry against which an agency and its creative work can be judged.

Could this be a model that the PR industry could adapt via the CIPR or the PRCA to enforce pay-to-pitch and create standardised benchmarks?

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