When does product placement become false advertising?

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Product placement has become so omnipresent in films and TV that we hardly think twice when we see it. But what happens if the film or show misrepresents the product? On the NYT's Freakonomics blog, Ian Ayres.

Television Product Placement in Two Countries

Media Law Prof Blog

Amy Rungpaka Hackley, Queen Mary, University of London, and Chris Hackley, University of London, Royal Holloway College, have published Television Product Placement Strategy in Thailand and the UK, in volume 3 of the Asian Journal of Business Research (2013).

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

How will new FTC guidelines impact endorsements and product placement?

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Talent lawyers take note: the FTC is taking a more watchful eye to the ways that advertisers use endorsers to pitch products. Yesterday, the agency published new guidelines that might increase liability for everyone from celebrities and.

Top 5 ways film/TV product placement causes lawsuits

THR, Esq. Entertainment & Media Law Blog

Naturally, the rise of product placement means more lawsuits when things don't go as. By Eriq Gardner Hollywood has increasingly turned to brand integration as a way to recover revenue lost to piracy and technologies that let users zap commercials.

Soap Operas, Product Placement, and the Economy

Media Law Prof Blog

In a very funny op-ed, Gail Collins weighs in on product placement in soap operas (oh, sorry) daytime dramas, and discusses where else we've seen sponsors' items placed prominently in news programs and elsewhere. For those wondering why it was

Hollywood Docket Top 5: Charlie Sheen's leverage; being John Malkovich's lawyers; product placement disclosures

THR, Esq. Entertainment & Media Law Blog

Will Charlie Sheen actually leave CBS' "Two and a Half Men," or is it a negotiating tactic? TV's highest-paid star still has a bunch of leverage despite his arrest for domestic violence and checking himself into rehab. THR] RELATED: Our.

Film Company Sues for Unpaid Product Placement Advertisement

Law of Hollywood Land

Millennium Films, the company that produced the 2008 film Righteous Kill starring Robert DeNiro and Al Pacino, have filed a lawsuit in LA County court against watch company Tutima USA for unpaid advertising fees. The lawsuit alleges that Tutima USA would pay Millennium Films for a close up shot of their watch on Al Pacino’s wrist. Millennium Films claims they delivered the shot in the movie, but have yet to be paid.

Product Placement Article in Delaware Lawyer

Entertainment Law Resources Blog

Mark has written an in-depth article about product placement in this month’s Delaware Lawyer magazine. They are classic examples of product placement – the practice of advertisers inserting their products in movies and television shows in order to build brand awareness and increase sales. The product placement market is projected to grow at a compound annual rate of 14.9%

Advertisers Now Investing In Indy Films

DealFatigue

Swanson’s blog reported that neither company demanded product placement for their investment though apparently both advertisers will receive it anyway. Diane English, director of “The Women&# is quoted in both pieces as looking for ways to incorporate the Dove brand “seamlessly.&# (Funny, doesn’t the placement of product in the picture make these deals run of the mill product placement deals?)

Film 108

Entertainment Law Update Podcast Launching

Current Trends

Tags: Blogroll Copyright Copyright Litigation DMCA DRM Digital/Internet Entertainment lawsuit Film/TV Music Music Business Right of Publicity branding entertainment law podcast mediation music publishing product placement recording agreements

Bob Marley “One Love” of Merchandising?

Current Trends

Bob Marley’s estate inked a merchandising agreement with private equity group Hilco Consumer Capital for the rights to license not only the reggae singer’s name & likeness , but also other branded products under the Tuff Gong, One Love, Three Little Birds, Catch A Fire and Relics of Antiquity names. by Tamera H. Bennett. posted February 12, 2009.

Filmmaker’s Panelist Named: Fort Worth Fearless Film Festival

Current Trends

Panelists are Meg Gould, assistant director Dallas Film Commission ; Bryan Poyser, director of artist services for the Austin Film Society ; and Tiffany Kieran , DFW area producer and production manager. Poyser, director of artist services for the Austin Film Society, leads this Texas Filmmakers’ Production Fund workshop. by Tamera H. Bennett. posted April 9, 2009. The Fort Worth, Texas Fearless Film Festival announced winners and schedules here.

Meet the Lawyers Featured in Morgan Spurlock's 'Greatest Movie Ever Sold'

THR, Esq. Entertainment & Media Law Blog

Jonathan Handel The legal experts enlighten and entertain hte product-placement adventure. read more. THR, Esq. The Business Movies Business

Celebs and Products

Media Law Prof Blog

From the New York Times: an article discussing celebrity tweets and products. Is this the new face of product placement

Selling Stories In a Broadcast Station's News Programs - Remember the Sponsorship Identification

Broadcast Law Blog

As we have written , the entire sponsorship identification field is under review in the Commission's proceeding which is to consider embedded advertising , product placement , and the whole gamut of broadcast sponsorship issues. In that proceeding, the FCC made clear that broadcasters have an obligation to make sure that no one is receiving any undisclosed consideration for the placement of any type of promotion for a good or service into a program.

Reese Witherspoon Film Dropout Sparks Lawsuit Against Financiers

THR, Esq. Entertainment & Media Law Blog

Envision and Brand-in Entertainment are sued for a second time this year over a product placement gone awry. read more. The Business Movies THR Online THR, Esq. Business

E.T., What Hast Thou Wrought?

Media Law Prof Blog

The Federal Communications Commission (FCC) uses the term “embedded advertising” to describe both product placement and product Rita Marie Cain, University of Missouri, Kansas City, has published "Embedded Advertising on Television: What Would Don Draper Do?" Here is the abstract.

YouTube Confirms It’s Worthless

Music Technology Policy

Imagine walking into a product manager’s office and telling them to forget putting the band’s videos on YouTube because it’s worthless. YouTube stars making millions from beauty products that are glorified product placements? What do you think the reaction would be? You’d probably get called a Luddite, etc., You don’t understand millennials. Streaming is the future. YouTube is a key part of our marketing plan, and so on.

Advertising Law for Small Business

Trademark, Copyright, and Entertainment Law Forum

North Jersey Federal Credit Union 711 Union Blvd Totowa, NJ 07512 US We will watch commercials from various eras and review print ads and discuss the following topics: How advertising is affected by the various areas of law Truthfulness and claims Creation, Production, Placement and what agreements are needed with agencies Best business practices Please RSVP to Anthony Verna by replying to this e-mail or James Giffin at jgiffin@njfcu.org.

A Nostalgic Look at Pilot Season

Music Technology Policy

Because we don’t want those evil Hollywood television executives deciding which of their expensive shows get to go to production, no, no. We want the “don’t be evil” tech executives convincing actors that the true purpose of culture is to reflect what the advertisers want and that what we really need is more product placements.

YouTube Beats TV With 1 Billion Watching….TV, and loves them some payola, escorts and drugs

Music Technology Policy

Payola : One of the reasons multichannel networks are so successful financially is because they make bank on product placements–undisclosed because YouTube is not subject to FCC payola rules. https://twitter.com/ProfJeffJarvis/status/330289930049822720. It sounded like a script by Fake Jeff Jarvis.

Trademark Seminar!

Trademark, Copyright, and Entertainment Law Forum

How advertising is affected by the various areas of law • Truthfulness and claims • Creation, Production, Placement and what agreements are needed with agencies • Best business practices Tuesday, January 11 for the seminar on Licensing and Copyrights. Announcing. Kravitz & Verna LLC. And how best to announce a new law practice than to do it with a series of seminars. Take a look at the first of this series here: [link] Our first seminar is on Trademarks for Small Business.

Live Recordings and Google Glass: Coming soon to a venue near you

Music Technology Policy

Google’s Very Creepy Google Glass product has another application: live recording. I’m sure that product placement all happened at no charge. We’re used to seeing the rather noticeable live recording rigs at shows, but that’s about to end.

Second Circuit Reverses in Rescuecom v. Google: AdWords Use of Trademark is a "Use in Commerce" under the Lanham Act

New Media and Technology Law

It is not by reason of absence of a use of a mark in commerce that benign product placement escapes liability; it escapes liability because it is a benign practice which does not cause a likelihood of consumer confusion. ” The practices attributed to Google by the Complaint, which at this stage we must accept as true, are significantly different from benign product placement that does not violate the Act.

SAG Board Approves Studio Deal

Digital Media Law

As I talked to a board member who discussed his/her vehement opposition to product integration (a form of product placement, and an issue on which the new contract gives nothing to actors), another board member walked up and handed me a can of energy drink. In other words—product placement at SAG’s own board meeting! Voting on party lines, a sharply divided SAG board approved the tentative deal with the studios yesterday by a vote of about 53% to 47%.

SAG 109

The New New Native Advertising: The Internship Crosses the Creepy Line

Music Technology Policy

Whatever Mr. Vaughn’s motivations, with “The Internship” he has charted possibly new, definitely uneasy terrain by helping create a big-studio release that, from start to gaga finish, is a hosanna to a single company, its products, philosophy and implicit politics. Now the real question is–how much did Google pay for the product placement.

YouTube is Just Like TV

Music Technology Policy

One question that comes to mind is whether this video is actually a product placement for the featured website.). If you’ve been following the Silvio Berlusconi of the Internet for very long, you’ll probably get the idea that he thinks that YouTube has already eclipsed television. (If

SAG-Studio Pregame Report

Digital Media Law

Studio theatrical production accelerated prior to the June 30 expiration of the SAG agreement, then slowed almost to a stop. It’s now time to resume production in order to provide for a steady flow of 2010 product. Some people suggest that attempting to improve on the AFTRA deal is a fool’s errand for SAG, because any improvements would simply guarantee that new TV production will go AFTRA rather than SAG. c) Jurisdiction Over Original Made for New Media Productions.

SAG 109

SAG & The Studios: What Are They Fighting Over?

Digital Media Law

Jurisdiction Over Original Made for New Media Productions. The AMPTP (studio) offer gives jurisdiction to SAG over derivative made for new media productions. Those are new media productions based on an existing television show. In the studios’ view (and, after reviewing the language, I agree), SAG does not currently have this jurisdiction, though the union has signed one-off deals for specific productions. New Media Residuals on Original Made for New Media Productions.

SAG 130

DOMESTIC DISTRIBUTION PART I

Entertainment Law Resources Blog

Complicating matters further, some home video companies deal directly with mass merchants like Wal-Mart, while the others have to go through intermediaries like Anderson Merchandisers, that ship and pack product from numerous companies for delivery to mass merchants. In my last article I discussed foreign sales agents and their role in the distribution of independent films. Now let's turn to domestic deals.

NAB Selects Gordon Smith as New President

Broadcast Law Blog

A number of FCC proceedings that could affect new methods of advertising meant to combat technological changes – like embedded advertising and product placement that are meant to partially overcome the effects of DVRs. The NAB today announced that it has selected Gordon Smith , a former Republican Senator from Oregon, as its new President. He succeeds David Rehr, who left the NAB last Spring.

A Thought for the EU Antitrust Regulators: It’s More than a Label

Music Technology Policy

Just like the litany of other Google products that it mysteriously seems to favor–and in at least one instance acknowledged it favored–YouTube is no different. When you consider that a senior Google executive acknowledges intentionally hardwiring Google products ahead of their competitors in search results , it should come as no surprise that Google would hardwire YouTube in Google search results.

WHAM-O GETS SLAMMED, JUDGE DENIES TRO AGAINST PARAMOUNT

Entertainment Law Resources Blog

May 6, 2004 In this newsletter: PRODUCTION ARTICLE ON INCENTIVES IN MAY ISSUE OF LOS ANGELES LAWYER Mark's article on international film production incentives is running in the May 2004 edition of "Los Angeles Lawyer" magazine. Hotchkiss' Ballroom Dancing and Charm School," which began production this week. The product's manufacturer, Wham-O Inc., Furthermore, featuring the product in the film blurred the distinctiveness of its marks and created consumer confusion.

WHAM-O GETS SLAMMED, JUDGE DENIES TRO AGAINST PARAMOUNT

Entertainment Law Resources Blog

May 6, 2004 In this newsletter: PRODUCTION ARTICLE ON INCENTIVES IN MAY ISSUE OF LOS ANGELES LAWYER Mark's article on international film production incentives is running in the May 2004 edition of "Los Angeles Lawyer" magazine. Hotchkiss' Ballroom Dancing and Charm School," which began production this week. The product's manufacturer, Wham-O Inc., Furthermore, featuring the product in the film blurred the distinctiveness of its marks and created consumer confusion.

COURT TV CAN USE NEWS FOOTAGE WITHOUT A LICENSE AS A FAIR USE

Entertainment Law Resources Blog

VideoBusiness magazine can be found at: [link] Visit the official "Reversal" website at: [link] FIND PRODUCT PLACEMENT CONTACTS ONLINE AT E.R.M.A. Filmmakers looking for product placement deals can search online at: [link] The website, run by E.R.M.A., March 19, 2003 In This Newsletter: COURT TV CAN USE NEWS FOOTAGE WITHOUT A LICENSE AS A FAIR USE Plaintiff Los Angeles News Service generates income by licensing video footage to news stations.

COURT TV CAN USE NEWS FOOTAGE WITHOUT A LICENSE AS A FAIR USE

Entertainment Law Resources Blog

VideoBusiness magazine can be found at: [link] Visit the official "Reversal" website at: [link] FIND PRODUCT PLACEMENT CONTACTS ONLINE AT E.R.M.A. Filmmakers looking for product placement deals can search online at: [link] The website, run by E.R.M.A., March 19, 2003 In This Newsletter: COURT TV CAN USE NEWS FOOTAGE WITHOUT A LICENSE AS A FAIR USE Plaintiff Los Angeles News Service generates income by licensing video footage to news stations.

NAB President David Rehr to Leave - What's Next for His Replacement?

Broadcast Law Blog

A number of FCC proceedings that could affect new methods of advertising meant to combat technological changes – like embedded advertising and product placement that are meant to partially overcome the effects of DVRs. National Association of Broadcasters President David Rehr today announced his decision to leave the Association, leaving the NAB without a leader at a time when the Association is facing an incredible number of challenges in Washington.

Frequently Asked Questions: Financing

Entertainment Law Resources Blog

Answer: If what you mean by sponsoring is product placements, a good place to start is the Hollywood Bluebook Directory, which has a listing of product placement agents. These agents don't represent people they represent products. Product manufacturers may be willing to donate free goods or services and occasionally some money in order for their product to be shown in a movie. Answers from Mark Litwak, Attorney At Law.

Gazing Into the Crystal Ball - The Outlook for Broadcast Regulation in 2009

Broadcast Law Blog

In the advertising world, the FCC will be resolving its embedded advertising and product placement proceeding , where some “public interest&# groups have advocated a total ban on such advertising, while others have suggested immediate sponsorship identification, through a crawl or superimposed caption, of any product for which consideration has been paid for its inclusion.

Looking Into the Crystal Ball - What Can Broadcasters Expect from Washington in 2010?

Broadcast Law Blog

In the advertising world, the FCC will be resolving its embedded advertising and product placement proceeding , where some “public interest” groups have advocated a total ban on such advertising, while others have suggested immediate sponsorship identification, through a crawl or superimposed caption, of any product for which consideration has been paid for its inclusion.

Frequently Asked Questions: Releases

Entertainment Law Resources Blog

Prior to production you should submit your screenplay for review by an experienced entertainment attorney to spot any problems. Question: When making reference to cars, products (i.e., Answer: You don't need permission to have a character merely mention a product in your script. It is good practice, however, for the producer to obtain a release before that product will be depicted in the film if the product is identifiable to the viewer.