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.
Nebraska Contract between Television Advertising Production Company and Actor to do Infomercial In Nebraska, a contract between a television advertising production company and an actor to create an infomercial is an essential legal document that establishes the terms and conditions of their working relationship. This comprehensive agreement ensures that both parties are protected and clarifies their respective roles, responsibilities, and obligations throughout the production process. The main objective of this contract is to outline the specific details regarding the creation, production, and distribution of the infomercial. It covers various aspects such as compensation, intellectual property rights, exclusivity, and termination provisions. Different types of Nebraska contracts between a television advertising production company and an actor to do infomercials may include: 1. Talent Agreement: This type of contract focuses on the engagement of the actor(s) involved in the infomercial. It includes provisions related to compensation, scheduling, services required, and any additional requirements such as wardrobe, makeup, or specific skills. 2. Production Agreement: A production agreement outlines the details of the infomercial production process. It covers aspects such as script development, production schedule, location, shooting hours, props, and equipment required. It also addresses responsibilities regarding any necessary permits or licenses. 3. Performance Release Form: This contract type ensures that the actor grants permission to the television advertising production company to use their performance, image, and likeness in the infomercial. It covers the duration and extent of the rights granted, including any limitations or restrictions. 4. Confidentiality Agreement: A confidentiality agreement may be included to protect any confidential information or trade secrets shared during the production process. It prohibits the actor from disclosing or using any sensitive information for personal gain or outside the scope of the project. 5. Intellectual Property Agreement: This type of contract specifies the ownership and usage rights of intellectual property related to the infomercial. It ensures that the television advertising production company retains exclusive rights to the final product, including any copyrights, trademarks, or patents associated with the infomercial. 6. Payment and Royalty Agreement: This agreement covers the financial aspects of the contract, including compensation, royalties, and payment terms. It outlines the agreed-upon amount the actor will be paid for their services and establishes any additional incentives or bonuses based on the success or distribution of the infomercial. It is important for both the television advertising production company and the actor to carefully review and negotiate the terms of the contract to ensure a clear understanding of their rights and obligations. Seeking legal advice throughout the drafting and negotiation process is highly recommended ensuring compliance with Nebraska's laws and regulations governing such contracts.Nebraska Contract between Television Advertising Production Company and Actor to do Infomercial In Nebraska, a contract between a television advertising production company and an actor to create an infomercial is an essential legal document that establishes the terms and conditions of their working relationship. This comprehensive agreement ensures that both parties are protected and clarifies their respective roles, responsibilities, and obligations throughout the production process. The main objective of this contract is to outline the specific details regarding the creation, production, and distribution of the infomercial. It covers various aspects such as compensation, intellectual property rights, exclusivity, and termination provisions. Different types of Nebraska contracts between a television advertising production company and an actor to do infomercials may include: 1. Talent Agreement: This type of contract focuses on the engagement of the actor(s) involved in the infomercial. It includes provisions related to compensation, scheduling, services required, and any additional requirements such as wardrobe, makeup, or specific skills. 2. Production Agreement: A production agreement outlines the details of the infomercial production process. It covers aspects such as script development, production schedule, location, shooting hours, props, and equipment required. It also addresses responsibilities regarding any necessary permits or licenses. 3. Performance Release Form: This contract type ensures that the actor grants permission to the television advertising production company to use their performance, image, and likeness in the infomercial. It covers the duration and extent of the rights granted, including any limitations or restrictions. 4. Confidentiality Agreement: A confidentiality agreement may be included to protect any confidential information or trade secrets shared during the production process. It prohibits the actor from disclosing or using any sensitive information for personal gain or outside the scope of the project. 5. Intellectual Property Agreement: This type of contract specifies the ownership and usage rights of intellectual property related to the infomercial. It ensures that the television advertising production company retains exclusive rights to the final product, including any copyrights, trademarks, or patents associated with the infomercial. 6. Payment and Royalty Agreement: This agreement covers the financial aspects of the contract, including compensation, royalties, and payment terms. It outlines the agreed-upon amount the actor will be paid for their services and establishes any additional incentives or bonuses based on the success or distribution of the infomercial. It is important for both the television advertising production company and the actor to carefully review and negotiate the terms of the contract to ensure a clear understanding of their rights and obligations. Seeking legal advice throughout the drafting and negotiation process is highly recommended ensuring compliance with Nebraska's laws and regulations governing such contracts.
