By Michael Berberich, manager, marketing knowledge center
Posted: Oct 29, 2014 1:00pm ET
The right of publicity is the right of an individual (celebrity or not) to control the commercial use of his or her name, image, and likeness. Advertisers are well aware that they cannot use a living person’s likeness without permission, but they are generally unclear about the laws surrounding individuals who are deceased. There’s a good reason for the uncertainty: rights of publicity are (oddly) determined by which state the individual in question was in when they passed away.
If an individual passes away in Indiana, for instance, their name and likeness are protected from commercial use for 100 years post-mortem. In California, a special law was introduced that passed the right of publicity to an individual’s family for 70 years, an important addition to the celebrity-filled state’s statute. Delaware, on the other hand, has no such right of publicity, and the names and likenesses of the deceased are “fair game.”
While the subject is somewhat morbid, it highlights the fact that marketers can’t take anything for granted when using someone’s likeness in marketing. For more legal issues you might not know even exist, check out Reed Smith’s “Don’t be the Next #SocialMediaFail” and the latest Marketing Law Insight Brief.
By Bill Duggan, Group EVP, ANA
Posted: Oct 24, 2014 10:00am ET
The Emergency Alert System (EAS) is a national public warning system that requires TV and radio broadcasters, cable television systems, satellite service providers, and more to offer to the President the communications capability to address the American public during a national emergency. The system also may be used by state and local authorities to deliver important emergency information such as AMBER (missing children) alerts and emergency weather information targeted to a specific area. More at http://www.fcc.gov/guides/emergency-alert-system-eas.
A recent letter from the Federal Communication Commission to advertising industry trade associations says: “Although the existing prohibition has been in effect for several decades, we have recently received an increasing number of complaints concerning the misuse of actual or simulated EAS tones. Such misuse poses a serious threat to the integrity and utility of the entire Emergency Alert System, and thus endangers public safety.” This letter went to the ANA as well as the 4A’s so your agency partners (assuming they are 4A’s agencies) should be aware.
The law is clear: If advertisements, promotional announcements, or other programming includes the EAS codes or Attention Signal (or simulations thereof) not in connection with an actual emergency or authorized EAS test, they are illegal.
Attached is the FCC Enforcement Advisory on the Emergency Alert System with more information.
By Shannon Scanlin, associate manager, committees, ANA
Posted: Oct 21, 2014 12:30pm ET
Wearables are one of the hottest topics around mobile today. In April 2014, International Data Corporation predicted that wearable device shipments worldwide would rise more than 488.9% between 2014 and 2018, from 19.0 million to 111.9 million. With the recent announcement of the Apple Watch and success of fitness trackers, it’s primetime for companies to start experimenting.
One such company is Timex which recently released the Ironman One GPS+. This is the only smartwatch that features standalone connectivity without a phone, intended to help athletes and adventurers be safer, smarter, and just a little bit more connected. Other than health features, the watch also has a built-in messaging app and, in case of an emergency, an SOS button.
To promote the new product, Timex is holding the Timex One Relay. This is an 800-mile, 22-day relay run with more than 100 runners. It will connect the Chicago and New York City marathons, linking each runner’s contribution to their favorite charities.
Learn more about Timex’s work from Shawn Cummings, head of innovation and market strategy, at the inaugural 2014 ANA Mobile First, Mobile Everywhere Conference. Other speakers include Walmart, Heineken, Lowe’s, Forrester, CEA, and more. Register now because space is limited! Click here for more information.
By Andrew Eitelbach, senior manager of marketing and communications
Posted: Oct 20, 2014 12:30pm ET
Winning hearts and minds requires more than freebies and one-time prizes. A more effective way to build trust among consumers is through genuine interactions that create lasting impressions. Developing those interactions and effectively amplifying the results into a meaningful campaign can be the difference between pleasing one customer and establishing a legion of diehard brand advocates. While creating personable experiences on a mass scale is a difficult feat, more and more marketers are coming to the realization that it’s necessary when trying to engage consumers in a way that’s authentic, earns their attention, and hopefully wins their trust.
- How brands win trust by creating authentic experiences
- How Expedia’s personal engagement reaches a broad audience
- The need for a programmatic CMO
- Target’s Jeff Jones on knowing your customer
- The evolution of programmatic buying at Allstate
By Bill Duggan, Group EVP, ANA
Posted: Oct 20, 2014 11:00am ET
Last week’s ANA Masters of Marketing was incredibly inspirational. Below are some high-level insights that I took home with me from Orlando.
General Mills: Put the consumer/brand champion at the center. The “power of purpose” can change everything you do in the marketing mix.
JetBlue: Differentiation by treating the business as a service business and not as a commodity.
Microsoft: We live in a mobile-first, cloud-first world. It’s not about the device; it’s about freeing people’s time.
American Licorice: Brands with the most creative content and first mover advantage can earn a disproportionate share-of-voice.
Nissan: The heart trumps the head. 80% of behavior comes from emotions. A brand needs to reach us where we emotionally live.
Cisco: 67% of a b-to-b customer’s journey is now done digitally. 57% of the purchase decision is complete before a customer even calls a supplier.
Jim Stengel: Think about your legacy for the many roles you play in your life.
Target: The truth will set you free.
Chobani: Need to be quick and nimble; no “analysis paralysis.”
Kraft: Content must be “share-worthy.” You don’t have to pay a lot for content; you can curate it.
Dos Equis: “Scarcity” can be a good thing. The most interesting man in the world retains appeal by the limited number of creative executions and public appearances.
hello products: There is no such thing as a boring category; there are just boring executions.
Grainger: b-to-c marketing is checkers; b-to-b marketing is chess. It’s a more complicated game with strong influence from engineering and sales.
Thanks to these and all the masterful speakers who all made us a little smarter!
By Bill Duggan, Group EVP, ANA
Posted: Oct 14, 2014 10:00am ET
AICE is a “sister” industry trade association to the ANA. They represent the independent creative editorial, design, visual effects, color grading, and audio post production companies. AICE has just released a position paper titled, A Push for Greater Transparency, Ethics, and Fairness.
According to AICE, “The proliferation of in-house editorial and post services offered by ad agencies is an area of growing concern for the independent post production community. While these capabilities have been available for some time, the business practices surrounding their current implementation and their impact on agency clients and the independent post production community has motivated AICE to raise questions about transparency, ethics and fair competition for advertisers, agencies and the industry at large. Despite being touted by agencies as efficient ways to edit and finish work faster and cheaper – a claim not always supported by facts – in-house facilities exist largely to create additional revenue streams for the agencies themselves.”
The AICE statement addresses the issue of transparency: “We believe some marketers are not fully aware of what they’re getting when their work is completed at agency in-house facilities, or whether the use of them represents the best option to ensure the best final product and the best talent for their money. Further, the bidding process is not always done in the open, with clients fully aware of the ownership status of the companies submitting the bids.”
ANA has been addressing the “transparency crisis” in our industry throughout the year.
Concerns about the level of transparency of media agencies is likely at an all-time high. That includes issues like not knowing if an agency makes money from the media sellers on a client’s media buy (e.g., are they getting rebates from the media?) and murkiness about the role of intermediaries in the media buying process, especially with agency trading desks and programmatic buying. The ANA has written about these issues extensively in the following:
- Advertising Transparency – Let the Buyer Beware
- You don’t know what you don’t know: More marketers worry about media buying transparency
The ANA applauds the fact that AICE has voiced concerns about transparency issues in post production. We will help educate ANA members on this issue and suggest that they have conversations to fully understand the in-house editorial and post services offered by their ad agencies.
By Bill Duggan, Group EVP, ANA
Posted: Oct 13, 2014 10:00am ET
ANA is excited to partner with the Consumer Electronic Association to develop conference programming for the 2015 CES, and will be presenting Digital Disruption. Digital has completely disrupted and transformed the landscape for marketers, agencies and media companies. Digital Disruption will bring together top industry leaders to share case studies and discuss the hottest issues in digital marketing and media.
Digital Disruption will take place from January 6-8, 2015 at C Space, located at ARIA, which is the official CES destination for creative communicators, brand professionals and digital advertisers. C Space will tell the story of how content, creativity, technology, CMOs, brand marketing, influencers and the consumer come together as part of the CES universe. Confirmed speakers for Digital Disruption are:
- Stevie Benjamin, Senior Director Digital & Media, MillerCoors
- Michael Donnelly, SVP, Group Head Global Digital Marketing, MasterCard Worldwide
- Michael Kelly, Media/Consumer Communications Manager, American Licorice
- Tony Pace, Chief Marketing Officer, Subway
- Michael Tiffany, Co-founder and CEO, White Ops
Hashtags for this event are #ANAatCES and #CES2015. Hope to see you in Las Vegas!
By Jesse Feldman, senior manager of content strategy and partnerships
Posted: Oct 10, 2014 1:00pm ET
Last week I had the pleasure of attending the 2014 Smarties Global Awards Celebration as the Daily Show’s Jason Jones helped honor mobile creativity and effectiveness with his trademark sarcasm. An impressive group of companies were in attendance, but some of the ceremony’s suspense was lost on me. Why? My team had already turned the winning entries into case studies for ANA members.
All of the 2014 Smarties Global Winners are now live on the ANA’s site. You can browse the case studies and supporting video entries here. It would be hard to pick a favorite entry, but here are a few highlights:
- Global Best in Show went to Hindustan Unilever and PHD India for launching a free mobile radio channel to reach consumers in rural India.
- Gold in Global Native Advertising went to Google for its collaboration with the popular game QuizUp to drive downloads of the Google Maps App.
- Global Social Impact/Not-for-Profit AND Global Gold Winner Lead Generation/Direct Response/Conversion went to the WWF for brilliantly using the Snapchat platform to engage Millennials with the #LastSelfie of animals (warning: this campaign is a bit emotionally devastating).
If you’re in need of some creative inspiration for your next mobile campaign, head to the Insights and Research section of this site and get browsing!
Jesse Feldman works in the ANA’s Marketing Knowledge Center (MKC), a rich suite of insights, case studies, event recaps, and research. You might notice her taking notes for the MKC at committee meetings, members-only conferences, or (virtually) webinars. She’ll be popping onto the ANA blog to regularly highlight some latest and greatest MKC content.
By Mala White, senior manager of committees and conferences
Posted: Oct 3, 2014 4:00pm ET
Earlier this week, we named the thirty finalists for the 2014 ANA Multicultural Excellence Awards. Congratulations to everyone and good luck at the awards ceremony in November!
From the underdog small budget campaigns to the greater spending powerhouses, everyone started off on equal footing. Creativity and relevancy were key to deciding the finalists. As an observer of the voting process, I have to say that I was impressed with the discussions around the submissions, what worked, and what didn’t. It was exciting to watch which entries made it to the top!
Submissions this year included an engaging new category – People with Disabilities. From emotionally charged videos to powerfully crafted print ads, the submissions across this one and all the categories were on a whole other level. So, kudos to all the creative teams involved in putting these wonderful campaigns together.
In addition to People with Disabilities, a category that I particularly enjoyed viewing was LGBT. The entries did not disappoint. Three of my favorite LGBT submissions were; Allstate’s Safe in my hands campaign designed to send shivers down your spine, Mondelēz International’s fight against hate with Love campaign, and Michael Sam’s emotional Judge me message. Each and every entry in this category touched a nerve. As a viewer, I appreciated and applauded the creative teams behind such amazing and moving campaigns.
The submissions in all the other categories remained equally impressive with entries from the likes of Allstate, Dallas Pets Alive!, Dunkin’ Brands, Heineken USA, Intel, McDonald’s, PepsiCo, Procter & Gamble, State Farm, The Coca-Cola Company, and Walmart to name a few. Faced with the intimidating task of selecting the finalist in each category, I must say the judges should be applauded for their valiant effort!
With submissions at an all-time high, the biggest jump could be found in the Total Market, Digital Media and believe it or not, Print, categories. What does that say about multicultural advertising?
By Bill Duggan, Group EVP, ANA
Posted: Oct 3, 2014 11:00am ET
October is National Disability Employment Awareness Month. Its purpose is to raise awareness about disability employment issues and celebrate the many and varied contributions of America's workers with disabilities. National Disability Employment Awareness Month has roots that go back to 1945, when Congress enacted a law declaring the first week in October each year "National Employ the Physically Handicapped Week." In 1962, the word "physically" was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities. In 1988, Congress expanded the week to a month and changed the name to "National Disability Employment Awareness Month."
This year, for the first time, the ANA Multicultural Excellence Awards offered a category for people with disabilities. We were delighted with the robust number of entries and quality creative in this category. We recently name the finalists: Duracell (Procter & Gamble), Guinness (Diageo), and Walmart. Congrats! One of these finalists will be named the Grand Prize Winner at the ANA Multicultural Marketing & Diversity Conference in November. What's terrific about the creative submissions for all finalists is the fact that they clearly connect with the disability community but also each provides a powerful emotional story overall. In other words, even if you do not personally have a disability or don't have family/friends with a disability, the messaging still works! See for yourself via the links below!
Duracell (Procter & Gamble), Saatchi and Saatchi – http://www.youtube.com/watch?v=u2HD57z4F8E
Guinness (Diageo), BBDO, NY – http://www.youtube.com/watch?v=0Vxjh6KJi8E
Walmart, Saatchi and Saatchi – http://www.youtube.com/watch?v=O-J_IXR3oZM
Congrats again to the finalists and their agency partners.
About This Blog
Written by our in-house citizen journalists, this varied blog draws on insights from the client-side marketing community, examines game-changing campaigns and industry research, provides actionable takeaways from ANA events, and more.
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