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.
Cuyahoga Ohio Contract Between Television Advertising Production Company and Actor to Do Infomercial: A Comprehensive Guide Introduction: In the bustling world of television advertising, infomercials play a crucial role in promoting products and services. Within Cuyahoga County, Ohio, numerous contracts are established between television advertising production companies and actors to create engaging infomercials that captivate audiences. This detailed description aims to shed light on the various types of contracts that exist and the key elements they entail. 1. General Contract Terms: Any contract in Cuyahoga, Ohio, between a television advertising production company and an actor to create an infomercial will typically cover the following general terms: a. Parties Involved: Clearly identify the production company and the actor participating in the infomercial. b. Scope of Work: Define the specific services the actor will provide within the infomercial (e.g., acting, speaking, demonstrating, testimonials, etc.). c. Compensation: Determine the actor's fees, payment schedule, and additional benefits, if any. d. Contract Duration: Outline the commencement and termination dates for the project, including any potential extensions or renewals. e. Intellectual Property: Address ownership and usage rights for the infomercial, including any related materials such as scripts, images, or music. f. Confidentiality: Specify the level of confidentiality required for any proprietary or confidential information shared during the project. g. Termination Clause: Define the conditions under which either party may terminate the contract before completion. h. Governing Law: Indicate that the contract will be governed by the state laws of Ohio, specifically Cuyahoga County. 2. Specific Cuyahoga Ohio Contract Types: While the above general terms apply to most contracts within Cuyahoga, Ohio, there are also specific types of contracts designed to address specific situations, such as: a. Talent Release Agreement: This type of contract grants the production company the rights to use the actor's likeness or image for advertising purposes. b. Usage Agreement: In cases where the infomercial might be repurposed or distributed through various channels (e.g., online platforms, social media), a usage agreement ensures proper compensation and permission for each usage. c. Exclusive Contract: An exclusive contract ensures that the actor will solely represent the advertised product or service, eliminating conflicts of interest with other competitors. d. Endorsement Agreement: This contract establishes the actor's endorsement of the product or service and may include additional obligations such as media appearances, public interviews, or media campaigns. Conclusion: In Cuyahoga, Ohio, contracts between television advertising production companies and actors to create infomercials hold immense importance. These contracts ensure a smooth workflow, clarify responsibilities, and protect the rights of both parties involved. By understanding the general contract terms and the various contract types, both the production company and the actor can forge successful partnerships within the dynamic world of infomercial production.Cuyahoga Ohio Contract Between Television Advertising Production Company and Actor to Do Infomercial: A Comprehensive Guide Introduction: In the bustling world of television advertising, infomercials play a crucial role in promoting products and services. Within Cuyahoga County, Ohio, numerous contracts are established between television advertising production companies and actors to create engaging infomercials that captivate audiences. This detailed description aims to shed light on the various types of contracts that exist and the key elements they entail. 1. General Contract Terms: Any contract in Cuyahoga, Ohio, between a television advertising production company and an actor to create an infomercial will typically cover the following general terms: a. Parties Involved: Clearly identify the production company and the actor participating in the infomercial. b. Scope of Work: Define the specific services the actor will provide within the infomercial (e.g., acting, speaking, demonstrating, testimonials, etc.). c. Compensation: Determine the actor's fees, payment schedule, and additional benefits, if any. d. Contract Duration: Outline the commencement and termination dates for the project, including any potential extensions or renewals. e. Intellectual Property: Address ownership and usage rights for the infomercial, including any related materials such as scripts, images, or music. f. Confidentiality: Specify the level of confidentiality required for any proprietary or confidential information shared during the project. g. Termination Clause: Define the conditions under which either party may terminate the contract before completion. h. Governing Law: Indicate that the contract will be governed by the state laws of Ohio, specifically Cuyahoga County. 2. Specific Cuyahoga Ohio Contract Types: While the above general terms apply to most contracts within Cuyahoga, Ohio, there are also specific types of contracts designed to address specific situations, such as: a. Talent Release Agreement: This type of contract grants the production company the rights to use the actor's likeness or image for advertising purposes. b. Usage Agreement: In cases where the infomercial might be repurposed or distributed through various channels (e.g., online platforms, social media), a usage agreement ensures proper compensation and permission for each usage. c. Exclusive Contract: An exclusive contract ensures that the actor will solely represent the advertised product or service, eliminating conflicts of interest with other competitors. d. Endorsement Agreement: This contract establishes the actor's endorsement of the product or service and may include additional obligations such as media appearances, public interviews, or media campaigns. Conclusion: In Cuyahoga, Ohio, contracts between television advertising production companies and actors to create infomercials hold immense importance. These contracts ensure a smooth workflow, clarify responsibilities, and protect the rights of both parties involved. By understanding the general contract terms and the various contract types, both the production company and the actor can forge successful partnerships within the dynamic world of infomercial production.
