Video Publicity v. Privacy

Feb 07
2010

Question: Our CEO was recently featured on a broadcast TV talk show to discuss his topic of expertise.  The show ended up on YouTube, so we can post a copy on our company web site, right?

Answer: Nothing is that simple.  Even if you are in the video as a featured guest, you don’t have rights to the segment.  The copyright is owned by the TV station.

On more than one occasion, after successfully getting a client placed as a guest expert on a broadcast or cable statione, we’ve asked on behalf of the client for rights to post interviews on a company web site. Almost 100% of the time, the answer has been “no.”  The TV stations will allow you to link to their site, but rarely will give rights to repost the interview even if abridged.

The reason is simple. The TV station is in the business of driving traffic to its own site and sells advertisers to the broadcast station as well as to the online page based on eyeballs – the documented number of people who view the segment.

Posting a video on YouTube muddies the waters a bit. Some fine print has suggested that you are giving up your rights to your own material when you upload to YouTube. It’s the reason some purists use other channels, even though YouTube is clearly the leader.  If you’re posting a video in hopes of being found, YouTube may be your clear choice. But, if you’re merely using the service as a way to get a video posted for use on your own web site, other services may be preferable.

As more and more small businesses go online with Facebook or work to make their web site more dynamic in the web 2.0 world, the issue of video posts is being questioned more often. It’s considered the competing rights of publicity versus the rights of privacy.  For a great, commonsense review of the topic, check out this short primer and accompanying video by intellectual property attorney Mark Rosenberg of Sills Cummis & Gross P.C.

Tip: If you still want a video interview of your CEO on your web site, there’s one easy way to make it happen without worrying about copyright.  Hire your own videographer, have him or her sign a work for hire agreement, use your marketing consultant or staff person as the interviewer and create your own online video show. You’ll own the rights, keep the questions to one the CEO can answer, and have some great multi-media additions to your online sites.

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The ABCs of Marketing

Jan 31
2010

Business and marketing always love acronyms. It’s the reason we have 3Ms, IBMs as brand names not to mention ROIs and KPIs in strategy discussions.*  Sometimes the names are used to mask an original identity, allowing a brand to move into a new era with a new persona. Other times acronyms are used as field jargon to make the presenter appear brilliant and in-the-know.  Other times, and less surreptitiously, the acronyms are just a quick shorthand for fast communications particularly in an increasing digital world limited by character counts. OMG, LOL!

Another use of acronyms is to help people remember things, particularly students studying for tests.  For middle schoolers trying to name the Great Lakes for a social studies test, the acronym HOMES helps them recall Huron, Ontario, Michigan, Erie and Superior. Not all acronyms work for everyone, but one acronym does suffice for all marketing endeavors.  It takes you back to basics on the ABCs of Marketing – for Always Be Communicating.

There are great debates in the marketing world about what media to use when, and the value return of a broadcast spot on The Daily Show versus a Tweet on Twitter. With aplogies to Marshall McLuhan, the ABCs of marketing remind us that the medium is not the message. The message is the message  and whatever medium allows you to communicate consistently to the right audience is the right medium for you.

If the cost-effectiveness of a blog allows you to communicate more than a broadcast commercial, then a blog is your better bet.  In contrast, if you don’t have the wherewithal to blog and do have the funds to produce a broadcast spot and air it consistently, then the spot hits the spot for your needs.

Marketing plans by definition admit that there is no one solution for everyone, which is why plans need to be carefully crafted based on time, budget, resources, needs, mission and skill sets. But any plan that doesn’t account for the ABCs and gives you great one-time hits, is not a marketing plan at all.  If you are not communicating, you are not marketing.  It’s as basic as it gets; as basic as the ABCs.

*For those who don’t remember or are intimidated by jargon:
3M originally stood for Minnesota Mining and Manufacturing Company
IBM was International Business Machines
ROI is Return on Investment
KPI is Key Performance Indicator

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Storytelling in a Used Car Culture

Jul 27
2009

Too much of marketing is stereotyped by our used car culture.  We’ve all grown up on  late night cable TV commercials of our local car dealers telling us why they are the most reliable, trustworthy, best resource for our next vehicle. They drag out the kids, grandmothers and cousins to show that they are a family-run business, implying that because they have a family they are the local “good guys.”

Here’s a revelation. Everyone has family. Even the bad guys. Bonnie & Clyde had grandmothers.

Another revelation. Being a family run business doesn’t mean you’re the best. It may only mean you’ve hired your idiot cousin because your mother made you. You may, in fact, not have the best service, just the best employed family.

Last revelation. Sometimes being a family-run business can be a plus, but only if you have a story based on tradition.

If I’m sounding a bit cynical about family businesses, keep in mind I’m a Jersey Girl. We’re the land of  hot cars and bad family aka The Soprano State and Jersey Boys.  Just this week, we had 44 arrests of politicians and rabbi’s in a Dirty Money laundering scandal.  Based on a long, sad political history, we don’t trust easily, and yet we have more Fortune 500 companies near us, receive more ads, and  have more family-owned used car commercials on our cable networks than anyone else!  Where’s the disconnect?

The disconnect is in the marketing.  We’ve lost the ability to discern the real story that needs to be told about why a company is great, what makes it different and why someone would love to do business with it.  Instead, most companies revert to ego-driven platitudes.  That’s the “we give great service” used car part. The owner seeing himself on late night commercials and suddenly feeling like a big shot feels his money was well spent because at least one person, likely his aunt, says she saw him on the TV.  This is not to knock TV ads.  I’ve used them. It is to knock ego-driven marketing be it on the small business used car level, or the corporate level.

In The Batrachian Chronicles, Amod Munga, a blogger and copywriter from S. Africa, talks about dropping the “best in breed” lingo from corporate speak.  He’s right.  It reads like sales copy and, particularly in the U.S., it’s overly prevalent as we, more than others, are completely driven by our car and sales culture — looking for the next great ride or sales at the end of the hour, or the day.

No one likes to be sold. We all like stories.  What’s yours?  Is it in your marketing? If not, your collateral is likely all sales promo material and you need to start thinking about marketing in addition to sales.

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