In 2009, the Federal Trade Commission made several changes to the FTCs Guides Concerning the Use of Endorsements and Testimonials in Advertising, which address endorsements by consumers, experts, organizations, and celebrities, as well as the disclosure of important connections between advertisers and endorsers. The Guides were last updated in 1980.
Celebrity endorsers are addressed in the revised Guides. While the 1980 Guides did not explicitly state that endorsers as well as advertisers could be liable under the FTC Act for statements they make in an endorsement, the revised Guides reflect Commission case law and clearly state that both advertisers and endorsers may be liable for false or unsubstantiated claims made in an endorsement or for failure to disclose material connections between the advertiser and endorsers. The revised Guides also make it clear that celebrities have a duty to disclose their relationships with advertisers when making endorsements outside the context of traditional ads, such as on talk shows or in social media. Note Section XI of this form.
The term Infomercial refers to an information commercial (usually 15 to 30 minutes long) that is presented more like a talk show than a commercial promotion. Infomercials are aired normally at fringe times (late night to early morning), and aim at building awareness of a product or service by demonstrating its use and benefits. Typically, they include an attractive direct response offer (with toll-free numbers) designed to elicit on-the-spot orders.
Allegheny Pennsylvania Contract between Television Advertising Production Company and Actor to do Infomercial: In Allegheny, Pennsylvania, the entertainment industry continues to flourish with numerous opportunities for actors and production companies alike. This bustling region offers a variety of contracts specifically designed to ensure a smooth collaboration between Television Advertising Production Companies and Actors to create successful infomercial campaigns. These contracts outline the rights, responsibilities, and obligations of both parties involved in the production process. Key Terms: 1. Contract Type: a. Exclusive Contract: This agreement grants the Television Advertising Production Company exclusive rights to the Actor's services for the specified infomercial project. It prohibits the Actor from working on similar projects with competing companies during the contract period. b. Non-Exclusive Contract: This contract allows the Actor to work with multiple Television Advertising Production Companies simultaneously or on competing projects. It offers more flexibility in terms of availability but may entail certain limitations. 2. Project Details: a. Infomercial Concept: The contract should clearly define the nature and purpose of the infomercial, including product or service details, target audience, format, and duration. b. Compensation: Both parties must agree upon the compensation structure, which may include a fixed fee, royalties, or a combination of both. Factors like the Actor's experience, popularity, and role significance may influence the compensation negotiations. c. Schedule: The contract should outline production milestones, shooting dates, and deadlines to ensure that the infomercial completes within the agreed upon timeframe. d. Intellectual Property Rights: Clearly define the ownership and usage rights of the infomercial, including any license material or intellectual property involved. 3. Actor's Obligations: a. Performance: The contract should specify the Actor's responsibilities regarding the performance in the infomercial. This includes memorizing scripts, delivering lines convincingly, and accurately portraying the desired character or role. b. Availability: Actors are expected to be available on specific shooting dates and times outlined in the contract. 4. Production Company's Obligations: a. Payment: The production company must fulfill its financial obligations, compensating the Actor as outlined in the contract. b. Safe Working Environment: The company must ensure a safe and comfortable working environment for the Actor, taking necessary precautions during the production process. c. Promotion: The company may include provisions for the Actor to participate in promotional activities related to the infomercial, such as interviews or public appearances. Conclusion: When entering into an Allegheny Pennsylvania Contract between a Television Advertising Production Company and an Actor to do an infomercial, it is imperative to discuss and include all relevant terms and conditions to protect the interests of both parties. These contracts establish a transparent framework for collaboration, ensuring the smooth execution of infomercial projects in Allegheny, Pennsylvania.Allegheny Pennsylvania Contract between Television Advertising Production Company and Actor to do Infomercial: In Allegheny, Pennsylvania, the entertainment industry continues to flourish with numerous opportunities for actors and production companies alike. This bustling region offers a variety of contracts specifically designed to ensure a smooth collaboration between Television Advertising Production Companies and Actors to create successful infomercial campaigns. These contracts outline the rights, responsibilities, and obligations of both parties involved in the production process. Key Terms: 1. Contract Type: a. Exclusive Contract: This agreement grants the Television Advertising Production Company exclusive rights to the Actor's services for the specified infomercial project. It prohibits the Actor from working on similar projects with competing companies during the contract period. b. Non-Exclusive Contract: This contract allows the Actor to work with multiple Television Advertising Production Companies simultaneously or on competing projects. It offers more flexibility in terms of availability but may entail certain limitations. 2. Project Details: a. Infomercial Concept: The contract should clearly define the nature and purpose of the infomercial, including product or service details, target audience, format, and duration. b. Compensation: Both parties must agree upon the compensation structure, which may include a fixed fee, royalties, or a combination of both. Factors like the Actor's experience, popularity, and role significance may influence the compensation negotiations. c. Schedule: The contract should outline production milestones, shooting dates, and deadlines to ensure that the infomercial completes within the agreed upon timeframe. d. Intellectual Property Rights: Clearly define the ownership and usage rights of the infomercial, including any license material or intellectual property involved. 3. Actor's Obligations: a. Performance: The contract should specify the Actor's responsibilities regarding the performance in the infomercial. This includes memorizing scripts, delivering lines convincingly, and accurately portraying the desired character or role. b. Availability: Actors are expected to be available on specific shooting dates and times outlined in the contract. 4. Production Company's Obligations: a. Payment: The production company must fulfill its financial obligations, compensating the Actor as outlined in the contract. b. Safe Working Environment: The company must ensure a safe and comfortable working environment for the Actor, taking necessary precautions during the production process. c. Promotion: The company may include provisions for the Actor to participate in promotional activities related to the infomercial, such as interviews or public appearances. Conclusion: When entering into an Allegheny Pennsylvania Contract between a Television Advertising Production Company and an Actor to do an infomercial, it is imperative to discuss and include all relevant terms and conditions to protect the interests of both parties. These contracts establish a transparent framework for collaboration, ensuring the smooth execution of infomercial projects in Allegheny, Pennsylvania.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.