Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ......

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Celebrities, Endorsements & Testimonials

Transcript of Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ......

Page 1: Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ... heck out my new ad campaign with X rand ome behind the scenes on my new campaign

Celebrities, Endorsements & Testimonials

Page 2: Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ... heck out my new ad campaign with X rand ome behind the scenes on my new campaign

The Basics

•Background

•Contractual Considerations

•Getting Clients to Care

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Background – Consider…

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Background

•FTC Requirements

•Changing Industry

•Changing Risk

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Contractual Considerations

•Key Provisions

•Potential Review by FTC

•Monitoring

•Disclosing

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Getting Clients to Care

•Bad Press

•Competitors

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“What if?”

Part 1

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Your client has this great picture – let’s post it to Facebook!

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What if?

I don’t know you… I’m just reading my

book…

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What if?

…and I just love my Nike shirt, don’t

you?!

Page 11: Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ... heck out my new ad campaign with X rand ome behind the scenes on my new campaign

Don’t look at me –those aren’t my rug-

rats!!

What if?

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What if?

Absolutely not! Go home and do your

homework!

What if?

Page 13: Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ... heck out my new ad campaign with X rand ome behind the scenes on my new campaign

What if?

Absolutely not! Go home and do your

homework!

What if?

Page 14: Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ... heck out my new ad campaign with X rand ome behind the scenes on my new campaign

What if?

Absolutely not! Go home and do your

homework!

What if?

<Sigh> Kids!!

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“What if?”

Scene 2

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Client’s drink brand

Agency employee

Let’s post it to the client’s

Instagram page!

What if….

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What if….

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What if….

Employee posts to own Instagram page?

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What if….

Agency posts to client’s social feed?

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What if….

Agency posts to its own social feed?

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Forget the car…

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What if….

Agency posts to thisInstagram page from client’s account?

Page 24: Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ... heck out my new ad campaign with X rand ome behind the scenes on my new campaign

What if…. Surprise! There’s music!!

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How Do I “Like” Thee?

Let Me Count the Ways (I Can Get in Trouble)

“Better three hours too soon than a minute

too late.”#LoveFedEx

#AlwaysOnTime

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Hypothetical

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• Do we need/ have the proper support for statements about our products?

• Do we need a disclaimer, if so is it prominent?

• Do we need special rights/ permissions to use the content/ statement?

Questions

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DM+C sent Kim a basket of free products hoping that she would endorse it… what precautions should have been taken?

What if ….

This is an organic post, not motivated by any material connection, can DM+C re-tweet this? Can they reply? Can they share it on other sites?

Page 30: Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ... heck out my new ad campaign with X rand ome behind the scenes on my new campaign

Repeating or Responding to Shout-OutsRisk Level – Consumers v Celebs

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Enthusiasm ≠ Consent

Reposting?

Risk of…

Replying?

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…unless clearly directed at brand

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…unless clearly directed at brand

Reposting?

Risk of…

Replying?

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Possible request for gift from brand

Reposting?

Risk of…

Replying?

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Questions about brand

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Reposting?

Risk of…

Replying?

Questions about brand

Page 37: Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ... heck out my new ad campaign with X rand ome behind the scenes on my new campaign

You claim = we claim?

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Is it “love or advertising”?

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Possible disclosures?

“I’m proud to be a spokesperson for X Brand”

“Thanks, Brand X, for the gift!! #ad, #sponsored”

“Check out my new ad campaign with X Brand”

“Come behind the scenes on my new campaign for X Brand”

Other hashtags: #partner, #client, etc.

Page 40: Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ... heck out my new ad campaign with X rand ome behind the scenes on my new campaign

A few examples…

Page 41: Celebrities, Endorsements & Testimonials...Celebrities, Endorsements & Testimonials. The Basics ... heck out my new ad campaign with X rand ome behind the scenes on my new campaign

Katherine Heigl vs. Duane Reade (2014)

WHAT HAPPENED: Duane Reade Tweeted a paparazzi photo of Heigl leaving a Duane Reade store carrying two Duane Reade shopping bags.

THE OUTCOME: Heigl sued for $6MM., alleging unauthorized use of her name and likeness in violation of Heigl’s right of privacy and publicity under NY law and false endorsement under the Lanham Act. Confidential settlement and Tweet takedown.

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Arby’s and Pharrell (2014)

JUST GUESSING: Maybe Pharrell thinks that consumers would not believe that he’d endorsed Arby’s. Tweet simultaneous with event. No sell message.

RELEVANT? Arby’s subsequently bought Pharrell’s hat at auction and gave proceeds to charity.

QUESTION: Why did Arby’s Tweet about Pharrell notresult in public legal action?

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Selena Gomez & the Taco Cake (2013)

WHAT HAPPENED: Gomez Tweeted “My cake was … Jack [‘n’] the [B]ox tacos …:” with link to Instagram photo. Jack In the Box wanted to capitalize on positive references to its brand and product.

ISSUE: Gomez controls copyright in photo and the right of publicity in her likeness. Instagram prohibits reposting ‘Grams. Need permission from the other people in the photo.

THE OUTCOME: Jack In the Box did not re-gram the photo, and responded using only Gomez’s registered and regularly used handle — @selenagomez.

NOTE: Responding to a celebrity’s post in this manner is still risky.

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Questions??