tag:blogger.com,1999:blog-3115725227622083572Sat, 04 Feb 2012 23:16:12 +0000parodyIndependent Contractorscopyrightfair usebehaviorial adsFirst AmendmentsportsDMCARumblings and grumblings about advertising law and legislative issues that may affect advertisers and agencies.http://ad-disclaimer.blogspot.com/noreply@blogger.com (Disclaimer)Blogger25125tag:blogger.com,1999:blog-3115725227622083572.post-1816980227629315633Wed, 11 Aug 2010 13:52:00 +00002010-08-11T10:10:59.376-04:00Experian, a subscription-based credit reporting services formerly found at FreeCreditReports.com, selected an actual rock band named "The Victorious Secrets" to replace a fake rock band comprised of actors and front men that appeared in Experian's ads. The actual Detroit based group was selected through a promotional contest.The New York Times reports that Experian recently dumped its domain http://ad-disclaimer.blogspot.com/2010/08/battle-of-brands.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-1310296917645497086Tue, 06 Jul 2010 22:22:00 +00002010-07-07T11:58:33.108-04:00Renegade's Intern did her homework on how the FTC Endorsement "Guides" can apply to ordinary bloggers. Although the Guides provide 35 examples demostrating how the Guides apply to offline and online situations, the Guides do not much guidance as to the FTC's enforcement priorities. Recently the FTC issued a set of "Frequently Asked Questions ("FAQs") for the Guides that pretty clearly state the http://ad-disclaimer.blogspot.com/2010/07/faqs-simply-ftc-endorsement-guides.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-2486073369850129364Mon, 21 Dec 2009 21:52:00 +00002009-12-21T17:11:53.270-05:00Are we surprised? No, but stay tuned. Len Lazarick, Staff reporter for MarylandReporter.com reports that Department of Legislative Services recommends legislators consider extending Maryland's sales and use tax to include services:"The no-growth budget for next year that legislative leaders recommended Thursday, combined with a promise of no new taxes, might soon look like a relic of the good oldhttp://ad-disclaimer.blogspot.com/2009/12/legislative-fortune-teller-sees-tax.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-1387407726999928948Thu, 17 Dec 2009 20:43:00 +00002009-12-17T15:45:28.184-05:00Grass roots marketing just became a little less green. The Federal Trade Commission (FTC) issued the final updated Guides Concerning the Use of Endorsements and Testimonials in Advertising. Effective December 1, 2009, the new Guides expand in scope to include advertising messages in websites, blogs, and other social media. Bloggers failing to follow the Guides could pay up to $11,000 per http://ad-disclaimer.blogspot.com/2009/12/results-not-typical-bloggers-and.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-8602252108555622274Mon, 23 Nov 2009 16:06:00 +00002009-11-23T13:37:20.398-05:00New York Times reported that the ongoing Soup Wars have not benefited either Campbell's or Progresso, both losing market share in canned soup products. The article says advertisers continue to challenge their competitors' advertising as false and misleading despite the recession.The NYT also reports that the National Advertising Bureau (NAB) is settling about one disparaging puffery dispute a http://ad-disclaimer.blogspot.com/2009/11/ad-adversaries-continue-their-battles.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-1094125443540300151Fri, 30 Oct 2009 19:06:00 +00002009-10-30T17:00:27.247-04:00Today's AAF Government Report brings news of new threats to advertising. Congressman Dennis Kucinich, D-Ohio, sent a “Dear Colleague” letter to other members of Congress announcing his intention to introduce legislation to “eliminate the tax deductibility of fast food and junk food advertising directed at children.” The Congressman is inviting other members to join him as a cosponsor. While http://ad-disclaimer.blogspot.com/2009/10/potential-new-threat-to-snack-food.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-5829396391095378637Thu, 22 Oct 2009 02:54:00 +00002009-10-21T23:05:46.913-04:00 Senators Al Franken, D-Minn., Sherrod Brown, D-Ohio, and Sheldon Whitehouse, D-R.I., have introduced legislation (S. 1763) to disallow the federal tax deduction for all advertising and marketing expenses for prescription drugs. The Senators have indicated they would like to have the proposal added to the health reform legislation and may offer it as an amendment when the measure is considered byhttp://ad-disclaimer.blogspot.com/2009/10/threat-returns-no-tax-on-dtc-email-now.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-6828010251749272110Thu, 15 Oct 2009 15:01:00 +00002009-10-15T12:50:10.150-04:00Monday's Advertising Age features a 50 state survey on state legislative initiatives to raise funds from or otherwise regulate advertising and production activitities. AAF Baltimore is the only club noted for having a legislative committee --and a climate that is, at times, less than welcoming to advertising and communications businesses. Want to help change the climate in Maryland for http://ad-disclaimer.blogspot.com/2009/10/advertising-squeezed-by-states-looking.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-6639313958119357986Fri, 11 Sep 2009 19:51:00 +00002009-09-11T16:25:11.512-04:00BBJ reports today that Twitter has changed its policy to allow advertising. It's understandable - surprisingly the Internets has an actual cost (!) but also game-changing. Okay we're all aware (a) that ad tweets are highly annoying; and (b) marketers need to follow the current (and proposed) FTC guidelines for endorsements and testimonials when hyping--ahem--discussing products and services. http://ad-disclaimer.blogspot.com/2009/09/twitter-allows-advertising.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-4344869678814627897Wed, 09 Sep 2009 16:35:00 +00002009-09-09T12:39:15.927-04:00It's a miracle that Nina Paley's feature length animation, "Sita Sings the Blues," escaped a life sentence. Sadly many films never do. Great music enhances film and video. Digital video editing tools make it easy to add popular music and remixes to a film. Unfortunately, permission to use commercial music in an independent film is not easy to acquire. Filmmakers, who sync commercial music to http://ad-disclaimer.blogspot.com/2009/09/how-to-rock-your-film-without-landing.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-1908196080857723965Fri, 14 Aug 2009 19:33:00 +00002009-08-14T15:45:40.436-04:00Independent ContractorsOn July 14, 2009, Maryland Governor Martin O'Malley signed an Executive Order establishing The Joint Employment Task Force on Workplace Fraud (Download PDF). Maryland businesses which fail to properly classify individuals as employees as opposed to independent contractors will face large fines, penalties and assessments by treating an individual as an independent contractor when that individual http://ad-disclaimer.blogspot.com/2009/08/maryland-employers-improperly.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-8366519632974108628Thu, 09 Jul 2009 19:19:00 +00002009-07-09T17:41:05.115-04:00Clark Rector, Head of Government Affairs for the AAF has issued an urgent request that we all email our Congressmen ASAP to protest reducing or eliminating tax deductions for Direct To Consumer pharmaceutical advertising in connection with funding healthcare reform. The result would be an unconsitutional tax on DTC ads and a restraint on speech. Worse, it could encourage Congress to eliminate http://ad-disclaimer.blogspot.com/2009/07/tell-your-congressmen-no-tax-on-dtc-ads.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-9130191964339387006Thu, 25 Jun 2009 14:06:00 +00002009-07-01T08:39:44.638-04:00behaviorial adsToday's Wall Street Journal reports ($ - sorry) that the 4As, ANA, IAB and DMA are expected to announce new guidelines to better protect consumers' privacy online soon. The joint recommendation is to give consumers more control by employing an icon that appears when a website is tracking consumer information. Clicking the icon would reveal what information is tracked and how it is being used.Yawnhttp://ad-disclaimer.blogspot.com/2009/06/have-munchies-fed-or-self-regulation-of.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-5322312810636654394Thu, 18 Jun 2009 20:05:00 +00002009-06-18T16:37:27.075-04:00Congress passed legislation on June 12 that places tobacco under the purview of the FDA. The bill, H.R. 1256/S. 982, was sent to President Obama, who announced that he would sign it, but the signing ceremony has been announced. The New York Times reported last Sunday that one aspect of the legislation -- the reimplementation of a 1996 regulation that restricts tobacco advertising within 1000' of http://ad-disclaimer.blogspot.com/2009/06/lawsuit-planned-to-challenge-fda.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-142026522434933409Thu, 02 Apr 2009 21:59:00 +00002009-04-02T18:13:21.462-04:00"Unboxed" does not refer to purchases of bulk organic oats and the like. Unboxed is music and video downloads. Today's AAF Government Report notes that a bill has been introduced in the Minnesota Legislature to tax "specified digital products." Specified digital products is defined to include digital music and videos, ringtones, e-books and electronic greeting cards. Relevant to the advertisinghttp://ad-disclaimer.blogspot.com/2009/04/minnesota-consider-sales-tax-on-unboxed.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-4675264450104426261Fri, 27 Mar 2009 14:58:00 +00002009-03-27T11:16:22.319-04:00Ober's new IP Watch is out, here's my lede:The wonder of the internet is the speed and ease with which it allows us to share information. Before it can be shared, however, this information must be produced or procured and producing this original content takes time and money. As media companies move to monetize their online publishing, "free-riding" by blogs that reuse content to channel traffic http://ad-disclaimer.blogspot.com/2009/03/come-on-and-take-free-ride-blogging.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-5369584770220312063Tue, 10 Mar 2009 17:53:00 +00002009-03-10T18:10:14.913-04:00Children's Online Safety. Two recently proposed bills, if passed, would require "Internet Access Providers" to provide parental controls to Maryland households. Senate Bill 550 - Online Child Safety Act of 2009 was proposed on February 5th and had its hearing today. The Online Child Safety Act is positioned as a consumer protection measure and would amend commercial laws to provide that a failurehttp://ad-disclaimer.blogspot.com/2009/03/maryland-legislative-update.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-6940717384479941974Sat, 28 Feb 2009 13:30:00 +00002009-02-28T08:37:39.140-05:00Economic downturns tend to produce an increase in comparative advertising campaigns. Meager sales revenues make it tempting to aggressively target the competitor's business. Consumers enjoy watching advertisers take potshots at each other. But a competitor whose weaknesses are targeted — not so much. A competitor can choose to respond in kind or legally challenge the ad. If the ad message is http://ad-disclaimer.blogspot.com/2009/02/advertise-strengths-without-disparaging.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-984940934479569572Thu, 26 Feb 2009 14:15:00 +00002009-02-26T11:00:43.588-05:00parodyFirst AmendmentReading in the Baltimore Sun about the firing of a WBAL-Baltimore NBC affiliate reporter John Sanders (no relation to me) for taking audio from Fox broadcast coverage of a missing monkey whose most distinuguishing feature is his "bright blue scrotum" and dubbing those words into Fox Anchor John Gibson's discussion of a speech by Attorney General Eric Holder. Strangely (or not maybe) , the http://ad-disclaimer.blogspot.com/2009/02/chimp-pranks-versus-outhouse-parodies.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-414143683822584986Wed, 25 Feb 2009 23:54:00 +00002009-02-26T09:15:19.007-05:00DMCAfair useIf a kid posts a prank video to YouTube, a copyright owner that believes its copyright was infringed sends YouTube a DMCA* take-down notice. If YouTube complies, its not liable for the infringement under the DMCA's safe harbor for internet service providers. Since the kid is small potatoes, removal of the offending video generally ends the controversy. But not always--Stephanie Lenz postedhttp://ad-disclaimer.blogspot.com/2009/02/do-family-videos-require-take-down.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-3395955155581129140Tue, 10 Feb 2009 22:42:00 +00002009-02-10T18:11:29.450-05:00The AAF Government Report (2/15/2009) notesThe House and Senate agreed in Senate Bill 352 to postpone the analog to digital television transition to June 13, 2009, and extends (pending budget authority) the period during which converter box coupons will be available and provides for replacement coupons for those that expire.The AAF hosted Rep. Joe Crowley (D. NY), a key member of the house Ways http://ad-disclaimer.blogspot.com/2009/02/aaf-government-report.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-4095819559213564320Tue, 10 Feb 2009 22:16:00 +00002009-02-10T17:42:00.548-05:00The Sun is reporting today that Sen. Barbara Mikulski is concerned that her proposal including in the massive stimulus package to provide new car buyers with a tax rebate may end up on the conference committee's cutting room floor. Her proposal could be worth $1,500 to the buyer of a $25,000 car. Sen. Mikulski is urging voters to call House members and the White House to demand that Congress http://ad-disclaimer.blogspot.com/2009/02/new-tax-proposals.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-8121298948963921481Tue, 10 Feb 2009 21:18:00 +00002009-02-11T10:31:24.660-05:00copyrightfair useStreet artist Shepard Fairey, creator of the Obama HOPE poster, filed for a declaratory judgment from the federal court in Manhattan that his use of a photograph to create the HOPE poster is a fair use. The lawsuit was filed following the Associated Press' announcement that it owns the copyright in the underlying photo and did not consent to Mr. Fairey's use.Copyright provides the "author" of http://ad-disclaimer.blogspot.com/2009/02/shepherd-fairey-files-first-can-ap-show.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-1384856557142940349Thu, 22 Jan 2009 15:03:00 +00002009-01-22T17:51:03.919-05:00The New York Times reports today that TNT will launch a new show "Trust Me" Monday about a fictional ad agency that goes head to head with real agencies like Leo Burnet and DDB. Written in cooperation with brand managers for UniLever, Amheiser Busch InBev and GM, products like Dove and in some cases their real-life brand managers are written into the program. TNT is simultaneously launching an http://ad-disclaimer.blogspot.com/2009/01/will-branded-tv-help-consumers-detect.htmlnoreply@blogger.com (Disclaimer)tag:blogger.com,1999:blog-3115725227622083572.post-1396746269038133569Tue, 20 Jan 2009 14:25:00 +00002009-01-20T11:18:32.218-05:00sportscopyrightfair useA U.S. District Court Judge in Baltimore found that incidental reproductions of the infringing "Flying B" shield design in historic images and film footage from the NFL Baltimore Ravens' inaugural season is fair use. Amateur artist Fred Bouchat designed the Flying B design as a suggested Baltimore Ravens team logo. The NFL used his logo design without permission during the team's inaugural seasonhttp://ad-disclaimer.blogspot.com/2009/01/ravens-win-division-and-courtroom.htmlnoreply@blogger.com (Disclaimer)0