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.
Utah Contract between Television Advertising Production Company and Actor to do Infomercial In the state of Utah, when a television advertising production company decides to collaborate with an actor for the purpose of creating an infomercial, a detailed contract is required to outline the rights, obligations, and expectations of both parties involved. This legally binding agreement ensures a smooth and professional approach to the infomercial production while protecting the interests of the company and the actor. There are different types of Utah contracts that can be utilized for this specific scenario, based on the specific requirements and intricacies of the project. Some common types of contracts that could be used include: 1. Utah Infomercial Advertising Agreement: This contract type outlines the terms and conditions agreed upon by the television advertising production company and the actor. It covers aspects like compensation, intellectual property rights, exclusivity clauses, confidentiality, and specifies the scope of work, production timelines, and any additional provisions that may be specific to the project. 2. Utah Talent Release Agreement: This type of contract focuses on the permission granted by the actor to the television advertising production company for the use of their image, likeness, voice, and performance in the infomercial. It ensures that the actor agrees to give up any rights to their performance captured during the production. 3. Utah Non-Disclosure Agreement (NDA): An NDA is often included in contracts when there are confidential or sensitive aspects of the infomercial production that need to be protected. It prevents the actor from disclosing any trade secrets, proprietary information, or any other private details related to the production. 4. Utah Payment Agreement: The payment agreement outlines the compensation terms for the actor's involvement in the infomercial production. It includes details such as the actor's fee structure, payment schedule, any additional expenses to be reimbursed, and any penalties or deductions for breaches or delays. 5. Utah Intellectual Property Rights Agreement: This contract type clarifies the ownership and usage rights of the intellectual property created during the infomercial production. It ensures that the television advertising production company owns the rights to the final product and can exploit it for promotional purposes, while the actor may be granted limited rights, such as the ability to use the infomercial for their personal portfolio. Regardless of the specific type of contract used, it is crucial for all parties involved to consult with their respective legal advisors and ensure that the terms and conditions of the contract are fair, clear, and protect their rights and interests.Utah Contract between Television Advertising Production Company and Actor to do Infomercial In the state of Utah, when a television advertising production company decides to collaborate with an actor for the purpose of creating an infomercial, a detailed contract is required to outline the rights, obligations, and expectations of both parties involved. This legally binding agreement ensures a smooth and professional approach to the infomercial production while protecting the interests of the company and the actor. There are different types of Utah contracts that can be utilized for this specific scenario, based on the specific requirements and intricacies of the project. Some common types of contracts that could be used include: 1. Utah Infomercial Advertising Agreement: This contract type outlines the terms and conditions agreed upon by the television advertising production company and the actor. It covers aspects like compensation, intellectual property rights, exclusivity clauses, confidentiality, and specifies the scope of work, production timelines, and any additional provisions that may be specific to the project. 2. Utah Talent Release Agreement: This type of contract focuses on the permission granted by the actor to the television advertising production company for the use of their image, likeness, voice, and performance in the infomercial. It ensures that the actor agrees to give up any rights to their performance captured during the production. 3. Utah Non-Disclosure Agreement (NDA): An NDA is often included in contracts when there are confidential or sensitive aspects of the infomercial production that need to be protected. It prevents the actor from disclosing any trade secrets, proprietary information, or any other private details related to the production. 4. Utah Payment Agreement: The payment agreement outlines the compensation terms for the actor's involvement in the infomercial production. It includes details such as the actor's fee structure, payment schedule, any additional expenses to be reimbursed, and any penalties or deductions for breaches or delays. 5. Utah Intellectual Property Rights Agreement: This contract type clarifies the ownership and usage rights of the intellectual property created during the infomercial production. It ensures that the television advertising production company owns the rights to the final product and can exploit it for promotional purposes, while the actor may be granted limited rights, such as the ability to use the infomercial for their personal portfolio. Regardless of the specific type of contract used, it is crucial for all parties involved to consult with their respective legal advisors and ensure that the terms and conditions of the contract are fair, clear, and protect their rights and interests.
