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.
Tennessee Contract Types for Television Advertising Production Company and Actor to do Infomercial When engaging in an infomercial production, the Television Advertising Production Company and the actor involved need to establish a strong legal foundation to outline their respective rights, obligations, and expectations. In Tennessee, there are several types of contracts that may be used to formalize this professional relationship. Let's explore the different Tennessee contract types between television advertising production companies and actors for infomercials: 1. General Contract: The general contract is a comprehensive agreement between the television advertising production company and actor participating in an infomercial. It covers various aspects such as compensation, project scope, production timeline, intellectual property rights, confidentiality, termination clauses, and any specific requirements unique to the production. Keywords: Tennessee, contract, television advertising production company, actor, infomercial, compensation, project scope, production timeline, intellectual property rights, confidentiality, termination clauses. 2. Talent Release Agreement: This type of contract focuses on obtaining all necessary permissions and releases from the actor to use their image, voice, and likeness in the infomercial. It also ensures that the actors acknowledge and waive any claims or rights they may have in connection with their appearance, allowing the television advertising production company complete control over the footage captured during production. Keywords: Tennessee, contract, talent release agreement, actor, infomercial, image rights, voice rights, likeness rights, permissions, waivers. 3. Exclusive Services Agreement: An exclusive services agreement outlines the television advertising production company's right to engage the actor exclusively for a specific duration or project. This type of contract restricts the actor from participating in similar engagements with competing infomercial producers during the agreed-upon timeframe. Keywords: Tennessee, contract, exclusive services agreement, actor, infomercial, exclusivity, competing engagements. 4. Non-Disclosure Agreement (NDA): A non-disclosure agreement ensures the confidentiality and protection of any trade secrets, proprietary information, or sensitive materials shared between the television advertising production company and the actor during the infomercial production. This contract prohibits the actor from disclosing or using such information for any purpose other than the agreed-upon production. Keywords: Tennessee, contract, non-disclosure agreement, actor, infomercial, confidentiality, trade secrets, proprietary information, sensitive materials. 5. Work for Hire Agreement: A work-for-hire agreement designates the television advertising production company as the legal copyright owner of the infomercial and any associated content. It clarifies that the actor's contribution is considered as a "work for hire," meaning that the company has full ownership and control over the final product. Keywords: Tennessee, contract, work for hire agreement, actor, infomercial, copyright ownership, content ownership. It is essential for both the television advertising production company and actor to consult with legal professionals to ensure their rights are properly protected and outlined in the contracts relevant to their specific production needs and goals.Tennessee Contract Types for Television Advertising Production Company and Actor to do Infomercial When engaging in an infomercial production, the Television Advertising Production Company and the actor involved need to establish a strong legal foundation to outline their respective rights, obligations, and expectations. In Tennessee, there are several types of contracts that may be used to formalize this professional relationship. Let's explore the different Tennessee contract types between television advertising production companies and actors for infomercials: 1. General Contract: The general contract is a comprehensive agreement between the television advertising production company and actor participating in an infomercial. It covers various aspects such as compensation, project scope, production timeline, intellectual property rights, confidentiality, termination clauses, and any specific requirements unique to the production. Keywords: Tennessee, contract, television advertising production company, actor, infomercial, compensation, project scope, production timeline, intellectual property rights, confidentiality, termination clauses. 2. Talent Release Agreement: This type of contract focuses on obtaining all necessary permissions and releases from the actor to use their image, voice, and likeness in the infomercial. It also ensures that the actors acknowledge and waive any claims or rights they may have in connection with their appearance, allowing the television advertising production company complete control over the footage captured during production. Keywords: Tennessee, contract, talent release agreement, actor, infomercial, image rights, voice rights, likeness rights, permissions, waivers. 3. Exclusive Services Agreement: An exclusive services agreement outlines the television advertising production company's right to engage the actor exclusively for a specific duration or project. This type of contract restricts the actor from participating in similar engagements with competing infomercial producers during the agreed-upon timeframe. Keywords: Tennessee, contract, exclusive services agreement, actor, infomercial, exclusivity, competing engagements. 4. Non-Disclosure Agreement (NDA): A non-disclosure agreement ensures the confidentiality and protection of any trade secrets, proprietary information, or sensitive materials shared between the television advertising production company and the actor during the infomercial production. This contract prohibits the actor from disclosing or using such information for any purpose other than the agreed-upon production. Keywords: Tennessee, contract, non-disclosure agreement, actor, infomercial, confidentiality, trade secrets, proprietary information, sensitive materials. 5. Work for Hire Agreement: A work-for-hire agreement designates the television advertising production company as the legal copyright owner of the infomercial and any associated content. It clarifies that the actor's contribution is considered as a "work for hire," meaning that the company has full ownership and control over the final product. Keywords: Tennessee, contract, work for hire agreement, actor, infomercial, copyright ownership, content ownership. It is essential for both the television advertising production company and actor to consult with legal professionals to ensure their rights are properly protected and outlined in the contracts relevant to their specific production needs and goals.
