HomeMy WebLinkAboutMINUTES - 10261999 - SD3 r
TO: Board of Supervisors Contra Costa County
FROM: Supervisor John Gioia
DATE: October 26, 1999
SUBJECT: Anti-Alcohol Advertising Campaign
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
DIRECT County Counsel to prepare a legal analysis of whether the proposed anti-alcohol counter-
ad is a copyright infringement and what legal options are available regarding publication of the
counter-ad.
BACKGROUND/REASONS FOR RECOMMENDATION:
A group of West County residents (including representatives of local Municipal Advisory Councils) have been
working with both our office and staff from Contra Costa County's Community Substance Abuse Service to develop
an anti-drinking message advertising campaign targeted to youth. The plan called for an ad (designed by a UC
Berkeley freshman when she was a high school senior in Vallejo as part of a national contest sponsored by the
Shareholders of Anheuser-Busch for Advertising Reform)to be displayed on local billboards. The ad parodies a
Budweiser ad and depicts frogs croaking "Big-Lose-R" atop a beer can that reads"notwiser". A copy of the ad is
attached. The ad is intended to debunk the myths in beer advertising.
Eller Media posted 20 of these anti-Budweiser ads in Oakland in August. When the two major billboard
companies (Eller Media and Outdoor Systems)were contacted regarding posting this ad in West Contra Costa
County, both declined. Eller Media stated that they have a policy of rejecting copy that"reflects negatively upon the
character, integrity or standing of any organization or individual." Outdoor Systems stated that they believed that the
proposed ad could constitute a copyright infringement and expose them to legal action by Anheuser-Busch. Both
companies stated that they would accept other ads having an anti-drinking message which did not violate their
policies or were not a copyright infringement, in their view.
A legal opinion by an attorney for the Marin Institute(a non-profit organization involved in prevention of
alcohol and drug abuse) stated that the proposed ad falls within the fair use doctrine of copyright law and therefore
was not a copyright infringement.
Obtaining a legal analysis by County Counsel will enable a fuller understanding of the options available.
4_rl�
CONTINUED ON ATTACHMENT: mzlrSIGNATURE
ACTION OF BOARD ON r Fo APPROVED AS RECOMMENDEV OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS (ABSENT Z n CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN.
Contact: Supervisor Gioia (610/374-3231) ATTESTED r ` "
PHIL- BATCHELOR, CLERK OF THE
BOARD OF SUPERVISORS AND
F' COUNTY ADMINISTRATOR
BY ,' , DEPUTY
ANTI-ALCOHOL ADVERTISING CAMPAIGN OCTOBER 26, 199 S*DS
PAGE 2 lo.d��-��
A legal opinion by an attorney for the Marin Institute (a non-profit organization involved in
prevention of alcohol and drug abuse) stated that the proposed ad falls within the fair use doctrine
of copyright law and therefore was not a copyright infringement.
Obtaining a legal analysis by County Counsel will enable a fuller understanding of the options
available.
„r^ ,y.Z,4°,«', .pry;•},,Z.,�a,p;¢ '�„t$
i. �wwba+ . w.+,<.+h+,x '} se3pgw aB,•wv+lde�" sWI��MIFf.�M sf.M�R4e: o#`�4�6+�w aatl`MiMAN6 6`'�
^i s:,.us 6P°;;K"�Y°";.,'f'�xt`«.�;t'•:>. .9• ac,�• '#Pw., ,he.+rq>T, F ,, d
e wb • < Y� �g j}'F �` �'fxB a t`
!,`5 =`4' a •f'] n 'M�>o� �� `..�c �``, '�i
F t 1! f � 4 7 �Ems''•p�' ' .1
�� •,���4 ` '� 3 .acv � .;t
■ � s