Ad Infinitum Legal Checklists For The Advertising Industry

In the advertising world, a mistake or misunderstanding of relevant laws and regulations can adversely impact a campaign, possibly resulting in legal action, the loss of the client, or both. Why risk wasting all the creativity, planning, money, and hard work that goes into a campaign? Ad-Infinitum: Legal Checklists for the Advertising Industry is an overview to help avoid such a scenario. Written by a team of advertising law experts for advertising and marketing professionals, this practical handbook discusses the myriad of issues typically faced by advertising executives and their staffs. Even better, armed with summary checklists found within each chapter, you can quickly and effectively identify the key issues that must be addressed for a successful campaign. Topics covered in the book include legal review of advertising claims for FTC/FDA compliance, agency service agreements, celebrity talent agreements, digital/social/mobile issues, copyright/trademark infringement, IP/music licensing, and sweepstakes/contests, among many others. Whether you're a copywriter working on a compelling marketing campaign or an executive negotiating an agency agreement, this advertising law handbook is a valuable resource to have on hand before you walk into a meeting or make that call!

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Ensuring marketers and advertisers are aware of the laws and regulations of advertising is now more important than ever. If a campaign is found to be potentially offensive, harmful, or misleading, it can 'go viral' in just the click of a mouse, and the implications of breaching those laws are likely to be both damaging and costly to a brand's reputation, its creative work, and the strategic planning behind it. Now offering level-headed advice on everyday questions encountered when designing and running promotional campaigns, Ad Law, the new book from the Institute of Practitioners in Advertising (IPA), is the ultimate handbook to the law and regulation of advertising and marketing communications. Containing guidance based on real-world experiences from media and advertising lawyers and the IPA legal team, this book expertly leads readers through the most applicable laws and regulations, common pitfalls and the practicalities behind them, such as the new industry-standard client/agency agreement. Covering issues such as intellectual property, privacy and defamation, plus the self-regulatory framework, Ad Law is the ideal companion for any advertising and marketing professional, or lawyer working within these sectors.

This book is an introductory roadmap to the advertising process. Advertising is explored as a creative communication message from a brand, created by advertising agencies and distributed across different media to target the right consumers. The book provides an understanding of the benefits of advertising, its role in the economy and, even more so, acknowledges that advertisements are not only about selling but also about effectively communicating a message. The creative and conceptual approach towards the communication process is discussed, and insight is presented into the dynamics within the industry and the different stakeholders involved, while recognising how different creative elements in advertisements are consciously selected to make them appealing. Finally, it considers how to analyse and measure an advert’s effectiveness and looks ahead to future ideas and technologies arising in advertising. Effectively combining theory with practical insight, each chapter begins with learning objectives and ends with key learnings. International case studies feature throughout, including insights from British Gas, WPP, Audi and KFC, as well as other examples from smaller organisations and the non-profit sector. Taking students step by step through the advertising process, it is important reading for undergraduate and postgraduate students studying Advertising, Brand Management, Marketing Communications and Media Planning.

This reference offers coverage of the day-to-day legal issues faced by anyone working in the advertising field. Veteran intellectual property lawyer Lee Wilson seeks to make the law accessible for the lay reader, offering details on copyright considerations, trademarks, libel, privacy and publicity issues, advertising on the Internet, guidelines for marketing to children and the elderly, and complying with FTC regulations. Also included are checklists to help advertisers assess the legality of their designs, plus several form agreements.

In this lively, entertaining, and informative book, Dean K. Fueroghne guides readers through the complex laws governing the creation of advertising, illuminating a heavily regulated arena at the intersection of free enterprise and consumer protection. Is it acceptable to use images of real people, famous or not? Can Nike talk about Adidas in its promotional campaign? When can money be shown? What constitutes puffery, or deceptive truth, or bait-and-switch advertising? What are the specific rules pertaining to professional businesses, political advertising, or the marketing of alcohol or tobacco? What is the difference between copyright and trademark? Fueroghne answers these questions and more as he covers the complex laws relevant to advertising in all its guises. In addition to discussing specific cases, he explains the reasoning behind the court’s decisions and how it affects the business of advertising. Students of strategic communication as well as advertising professionals—from agency account executives and copywriters to art directors and freelance designers—will learn to anticipate when proposed advertising may cause legal problems and how to avoid costly mistakes. Advertising lawyers will also appreciate the book as a handy reference that gathers in one place the many disparate laws affecting marketing and promotion in the United States today.

'Essential Law for Marketers' offers clear and concise explanations of the laws that impact on the practice of marketing, advertising, sponsorship, design and public relations, providing expert guidance on crucial issues for the busy practitioner. Each chapter in the book offers, in simple English, full analysis of the law on each subject, and illuminates it with numerous examples and cases taken from current industry practice. It also offers helpful tips and suggestions for 'keeping it legal' without losing sight of the overall commercial objectives. Uniquely written from the practitioner's point of view, the text is structured to offer a complete and accessible picture of how the law can impinge on the job: * 'Point of law' offers clear legal definitions or shows the generic application of a legal point in a real life context * 'Law in action' outlines actual legal cases and their outcomes, with full referencing for the case available on the companion site * 'Insight' offers background information, providing a broader practical or commercial context for a legal topic * 'Checklist' at end of each chapter itemises the key issues to bear in mind Essential Law for Marketers covers all the key issues facing those working in the media. From making claims and statements, copyright, defamation, promotion and advertising, through to lobbying, cybermarketing and ambush marketing, it is an invaluable reference guide for anyone working within the sector. It also functions as an excellent learning resource for all marketing students who need to appreciate the legal implications of industry practice.

Most cross-border advertising occurs uncontroversially. However, because international advertising activity falls under so many diverse areas of law, some familiarity with the dense web of legislation, regulation, and case law that may effect its use is essential for all advertisers. This well-known book, now in a fully updated third edition, provides all the necessary information in an easy-to-use country-by-country format. Twenty-six country reports, each by a local expert, provide detailed information on the particular legal environment in each country vis-à-visadvertising, including specific effects of all relevant treaties and trade agreements. Among the issues and topics taken into account are the following: · effect of import restrictions on advertising; · use of price comparisons in advertising; · ‘cold calling’; · consumers’ right to dispute resolution; · ‘blacklisted’ practices; · use of a language other than that of the target country; · special rules for agricultural products; · principles of non-discrimination and equal treatment of nationals; · precautionary principle versus risk principle; · protection of trademarks; · false or deceptive indication of source; · product ‘placement’ in non-advertising communications; · respectful interaction with religious, cultural, and social values; and · when a statement may be deemed ‘misleading’. Because the freedom to market a product simultaneously in several countries is a significant economic benefit, the invaluable information and guidance in this book on what is legally possible in a broad range of countries will be enormously beneficial to firms in all fields that engage in the sale and marketing of products or services. Corporate counsel and marketing directors will warmly welcome this new edition of a proven handbook. "

Today's advertising professional is confronted by a bewildering legal maze of statutes, rules, regulations, court decisions, and regulatory rulings that determine important advertising decisions. Finding one's way through the maze can be time-consuming, not to mention extremely costly and frustrating. This authoritative reference manual can make that task easier, more productive, and cost-effective. This easy-to-read comprehensive guide provides readers with a thorough understanding of the practical impact of advertising restrictions. It offers an exhaustive analysis of hundreds of Federal Trade Commission cease-and-desist orders, National Advertising Division/National Advertising Review Board decisions, landmark federal and state court decisions, federal and state laws, rules and regulations, and advertising industry self-regulatory guidelines. The author addresses the various requirements of the FTC, FCC, NAD/NARB, and the network clearance departments. Special types of advertising are examined, such as those relating to alcoholic beverages, drugs, children's advertising, professional advertising, and political advertising. Major advertising compliance issues are discussed, including false, unfair, and deceptive advertising; advertising substantiation; comparative advertising; warranties; and commercial speech. Major applicable laws such as the Lanham Act, Federal Trade Commission Act, the Federal Food, Drug, and Cosmetic Act, and the Magnuson-Moss Warranty Act are covered. In addition, a wealth of appendixes and other full-text materials are included that will enable the advertising and marketing executive to avoid costly errors. All information is presented in a highly readable style to benefit both layment and expert.