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.
Connecticut Contract between Television Advertising Production Company and Actor to do Infomercial When it comes to producing an infomercial in Connecticut, a carefully drafted contract between the television advertising production company and the actor is crucial. This legal document outlines the terms and conditions of the agreement, ensuring that both parties are protected and their rights are upheld throughout the production process. There are several types of Connecticut contracts that can be used for infomercial productions, each catering to specific scenarios and requirements. These include: 1. Talent Agreement: This contract sets out the terms of engagement between the advertising production company and the actor. It includes information such as compensation, working hours, responsibilities, usage rights, and any additional provisions specific to the infomercial project. 2. Licensing Agreement: In some cases, an actor may have pre-existing intellectual property rights, such as trademarks or copyrighted material, which need to be incorporated into the infomercial. A licensing agreement ensures that the production company has the necessary rights to use these assets, while clearly defining the terms, restrictions, and royalties associated with their usage. 3. Release Agreement: Infomercials often involve the use of testimonials, endorsements, or real-life experiences of actors. A release agreement establishes the actor's consent for the production company to use their name, image, likeness, and personal story for promotional purposes within the infomercial. This protects both parties from any future legal claims related to the usage of this content. 4. Non-Disclosure Agreement (NDA): To maintain confidentiality regarding sensitive information, a non-disclosure agreement may be required. This contract ensures that the actor will not disclose any confidential or proprietary information they become privy to during the course of the infomercial production. In all of these Connecticut contracts, certain key clauses are often included to protect the interests of the parties involved. These may include: — Compensation and Payment Terms: Clearly stating the agreed-upon compensation amount, payment schedule, and any additional expenses that will be covered by the production company. — Scope of Work: Outlining the specific roles and responsibilities of the actor, including the required working hours, performance expectations, and any limitations or restrictions. — Intellectual Property Rights: Defining the ownership and usage rights of the produced infomercial, ensuring that both parties are clear on who holds the copyright and how the content can be used. — Termination Clause: Specifying the conditions under which either party can terminate the agreement, along with any consequences for early termination. — Indemnification and Liability: Allocating responsibilities for any potential legal claims, damages, or losses arising from the production of the infomercial. — Governing Law and Dispute Resolution: Identifying that the contract will be governed by Connecticut state laws and providing a mechanism for resolving any disputes through negotiation, mediation, or arbitration. It is crucial for both the television advertising production company and the actor to carefully review and understand the terms and conditions outlined in the Connecticut contract. By ensuring that all aspects of the infomercial production are clearly defined, both parties can confidently proceed with the project, minimizing the risk of disputes and safeguarding their respective rights.Connecticut Contract between Television Advertising Production Company and Actor to do Infomercial When it comes to producing an infomercial in Connecticut, a carefully drafted contract between the television advertising production company and the actor is crucial. This legal document outlines the terms and conditions of the agreement, ensuring that both parties are protected and their rights are upheld throughout the production process. There are several types of Connecticut contracts that can be used for infomercial productions, each catering to specific scenarios and requirements. These include: 1. Talent Agreement: This contract sets out the terms of engagement between the advertising production company and the actor. It includes information such as compensation, working hours, responsibilities, usage rights, and any additional provisions specific to the infomercial project. 2. Licensing Agreement: In some cases, an actor may have pre-existing intellectual property rights, such as trademarks or copyrighted material, which need to be incorporated into the infomercial. A licensing agreement ensures that the production company has the necessary rights to use these assets, while clearly defining the terms, restrictions, and royalties associated with their usage. 3. Release Agreement: Infomercials often involve the use of testimonials, endorsements, or real-life experiences of actors. A release agreement establishes the actor's consent for the production company to use their name, image, likeness, and personal story for promotional purposes within the infomercial. This protects both parties from any future legal claims related to the usage of this content. 4. Non-Disclosure Agreement (NDA): To maintain confidentiality regarding sensitive information, a non-disclosure agreement may be required. This contract ensures that the actor will not disclose any confidential or proprietary information they become privy to during the course of the infomercial production. In all of these Connecticut contracts, certain key clauses are often included to protect the interests of the parties involved. These may include: — Compensation and Payment Terms: Clearly stating the agreed-upon compensation amount, payment schedule, and any additional expenses that will be covered by the production company. — Scope of Work: Outlining the specific roles and responsibilities of the actor, including the required working hours, performance expectations, and any limitations or restrictions. — Intellectual Property Rights: Defining the ownership and usage rights of the produced infomercial, ensuring that both parties are clear on who holds the copyright and how the content can be used. — Termination Clause: Specifying the conditions under which either party can terminate the agreement, along with any consequences for early termination. — Indemnification and Liability: Allocating responsibilities for any potential legal claims, damages, or losses arising from the production of the infomercial. — Governing Law and Dispute Resolution: Identifying that the contract will be governed by Connecticut state laws and providing a mechanism for resolving any disputes through negotiation, mediation, or arbitration. It is crucial for both the television advertising production company and the actor to carefully review and understand the terms and conditions outlined in the Connecticut contract. By ensuring that all aspects of the infomercial production are clearly defined, both parties can confidently proceed with the project, minimizing the risk of disputes and safeguarding their respective rights.
