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.
Colorado Contract between Television Advertising Production Company and Actor to do Infomercial: A Comprehensive Guide Introduction: In the bustling world of television advertising, infomercials have gained immense popularity due to their ability to showcase products or services in an engaging manner. When a Television Advertising Production Company intends to collaborate with an actor for an infomercial project in Colorado, it is essential to establish a contractual agreement that outlines the rights, responsibilities, and obligations of both parties involved. In this article, we will delve into the details of a Colorado Contract between a Television Advertising Production Company and an Actor to create an exceptional infomercial, utilizing a series of relevant keywords to provide comprehensive information on the subject. 1. Types of Colorado Contracts for Infomercials: a. Non-union contracts b. SAG-AFTRA contracts (if the actor is a member of the union) Detailed Description of the Colorado Contract: I. Parties Involved: — Television Advertising Production Company: This refers to the production company responsible for conceptualizing, planning, and executing the infomercial production. It may include directors, producers, scriptwriters, and other personnel involved in the project. — Actor: This refers to the individual hired to portray a character or present the product or service in the infomercial. It may include celebrities, professional actors, or non-professional individuals. II. Project Details: — Objective: Clearly define the purpose and scope of the infomercial, including the product or service being promoted and the desired outcome. — Duration: Specify the estimated length of the infomercial, including any necessary rehearsals or additional shoots. — Shooting Location: Mention the primary shooting location for the infomercial and any potential additional locations. — Project Timeline: Outline a detailed schedule, including shooting dates, post-production deadlines, and delivery date. III. Compensation and Expenses: — Payment: Specify the total compensation to be paid to the actor for their participation in the infomercial project. This may be a flat fee, hourly rate, or a percentage of profits generated by the infomercial. — Reimbursement: Clarify which expenses, if any, will be reimbursed to the actor, such as travel expenses, accommodation, or meals. Detail the process for submitting expense claims and the associated timeline. IV. Intellectual Property Rights: — Ownership: Define the ownership rights of the infomercial, including all intellectual property such as copyrights, trademarks, and any other applicable rights. — Licensing: Determine whether the actor grants the production company the right to use their name, image, likeness, and performance in the infomercial. Specify any limitations or additional fees associated with the usage of these rights. V. Confidentiality and Non-Disclosure: — Confidentiality: Establish clear guidelines regarding the confidentiality of the project's details, scripts, trade secrets, and any other sensitive information. — Non-Disclosure: Specify that the actor is prohibited from disclosing any project-related information to third parties without the prior written consent of the production company. VI. Termination and Remedies: — Termination Clause: Define the circumstances under which either party can terminate the contract, including any notice period required. — Remedies: Outline the available remedies in case of breach of contract, such as monetary damages or injunctive relief. Conclusion: Crafting a comprehensive contract is crucial in establishing a solid foundation for successful collaboration between a Television Advertising Production Company and an Actor for an infomercial project in Colorado. By incorporating the relevant keywords and addressing the various types of contracts that exist, this guide provides a detailed description of the essential elements to be covered in such a contract. It is advisable to seek legal counsel to ensure compliance with Colorado state laws and to customize the contract to meet the specific requirements of the infomercial production.Colorado Contract between Television Advertising Production Company and Actor to do Infomercial: A Comprehensive Guide Introduction: In the bustling world of television advertising, infomercials have gained immense popularity due to their ability to showcase products or services in an engaging manner. When a Television Advertising Production Company intends to collaborate with an actor for an infomercial project in Colorado, it is essential to establish a contractual agreement that outlines the rights, responsibilities, and obligations of both parties involved. In this article, we will delve into the details of a Colorado Contract between a Television Advertising Production Company and an Actor to create an exceptional infomercial, utilizing a series of relevant keywords to provide comprehensive information on the subject. 1. Types of Colorado Contracts for Infomercials: a. Non-union contracts b. SAG-AFTRA contracts (if the actor is a member of the union) Detailed Description of the Colorado Contract: I. Parties Involved: — Television Advertising Production Company: This refers to the production company responsible for conceptualizing, planning, and executing the infomercial production. It may include directors, producers, scriptwriters, and other personnel involved in the project. — Actor: This refers to the individual hired to portray a character or present the product or service in the infomercial. It may include celebrities, professional actors, or non-professional individuals. II. Project Details: — Objective: Clearly define the purpose and scope of the infomercial, including the product or service being promoted and the desired outcome. — Duration: Specify the estimated length of the infomercial, including any necessary rehearsals or additional shoots. — Shooting Location: Mention the primary shooting location for the infomercial and any potential additional locations. — Project Timeline: Outline a detailed schedule, including shooting dates, post-production deadlines, and delivery date. III. Compensation and Expenses: — Payment: Specify the total compensation to be paid to the actor for their participation in the infomercial project. This may be a flat fee, hourly rate, or a percentage of profits generated by the infomercial. — Reimbursement: Clarify which expenses, if any, will be reimbursed to the actor, such as travel expenses, accommodation, or meals. Detail the process for submitting expense claims and the associated timeline. IV. Intellectual Property Rights: — Ownership: Define the ownership rights of the infomercial, including all intellectual property such as copyrights, trademarks, and any other applicable rights. — Licensing: Determine whether the actor grants the production company the right to use their name, image, likeness, and performance in the infomercial. Specify any limitations or additional fees associated with the usage of these rights. V. Confidentiality and Non-Disclosure: — Confidentiality: Establish clear guidelines regarding the confidentiality of the project's details, scripts, trade secrets, and any other sensitive information. — Non-Disclosure: Specify that the actor is prohibited from disclosing any project-related information to third parties without the prior written consent of the production company. VI. Termination and Remedies: — Termination Clause: Define the circumstances under which either party can terminate the contract, including any notice period required. — Remedies: Outline the available remedies in case of breach of contract, such as monetary damages or injunctive relief. Conclusion: Crafting a comprehensive contract is crucial in establishing a solid foundation for successful collaboration between a Television Advertising Production Company and an Actor for an infomercial project in Colorado. By incorporating the relevant keywords and addressing the various types of contracts that exist, this guide provides a detailed description of the essential elements to be covered in such a contract. It is advisable to seek legal counsel to ensure compliance with Colorado state laws and to customize the contract to meet the specific requirements of the infomercial production.
