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.

Desperation Marketing

Oct 25
2009

Is your company long-term greedy, or short-sighted for sales?
A clue may lie in your  definition of  marketing.

Great marketing, according to best-selling author Joe Vitale, is inspired. Perhaps that’s why most marketing isn’t all that great.  For most companies, marketing tends to be out of desperation rather than inspiration.

It’s part of the problem American businesses face, in general, with short-term versus long-term thinking.  In the short-term, the business needs a sale – badly.  Hence, a CEO calls in a marketing team to help facilitate a sale  NOW!  It’s what causes confusion between marketing and sales promotion. I call it Desperation Marketing.

Better marketing is long-term based — building reputation, relationships and community over time.  Inspired marketing draws people to a product, service or business because they want to be affiliated with what that company has to offer.

I recently met with a business planning professor from a local college to discuss business planning. He used to work for Goldman Sachs on Wall Street. He told the story of one of his mentors — a great Goldman Sachs leader of his time– who decided to retire a few years ago when the company became, in his opinion, too short-sighted. By short- sighted, the retiring executive meant ‘in search of this year’s sales.”  Goldman Sachs had been known, he said, for being “long-term greedy,” a positive attribute that differentiated the company for greatness and fostered  building long-term wealth over short-term gain.

I have no way to test if the story is true, but it rings true because this week Goldman Sachs is all over the news in terms of its outrageous bonuses for 2009. The company claims that its executives deserve the bonuses due to outstanding performances during tough economic times.  Even if  true, it’s  insensitive to the marketplace – defined as the rest of us.  It also positions Goldman Sachs as self-centered and  greedy – short-term greedy.

I’m not here to bash Goldman Sachs.  It’s just a story that was told to me this week. But, I am here to say:

“Think about your marketing and positioning.”

Remind yourself that, unless you’re a venture capitalist or a real estate house flipper, you’re likely in business for the long haul.  Use your marketing dollars and efforts accordingly.

The PR Evolution

Apr 06
2009

Where do PR and advertising fall in the Marketing Toolkit?  As with everything else these days, they are both evolving, and through Darwinian logic are becoming more assimilated in the Internet Age. Years ago, in the mass market era, marketing was advertising.  Then, PR became more popular and split as its own area of specialization replete with PR agencies separate from ad agencies.  If there was any early distinction it may have been that PR was for celebrities and advertising for products, but the Tylenol scare of 1986 clearly changed all that. Brand managers learned that PR had a big place to play in their marketing plans and not always just for crisis management.

51D2T0o6LhL PR continued to grow in stature as brand managers also learned that an item mentioned in a news article had more credibility than a straight ad.  Advertising agencies suddenly needed PR partners on the team. Then, team dynamics changed. Twelve years later, in 2002, advertising guru Al Reis and his daughter Laura Reis went so far as to espouse the death of advertising in their book The Fall of Advertising & The Rise of PR.

Today, I'd venture to say PR is advertising — almost direct mail advertising.   PR now targets specific customers rather than groups of customers. This is best discussed in David Meerman Scott's book The New Rules of Marketing & PR. 51JQci1dseL

Unfortunately, most printing companies never latched on to the potential of PR even in the days when it was a relatively simple science.  They never hired staff or affiliated with freelancers with strong writing skills and never felt they had enough news to share with the world.  In today's world, where everything is about the latest news (newspaper woes aside), well done press releases now position forward-thinking businesses as experts in their field with news about topics rather than events or staff promotions. It's a way to get a message out to a public increasingly through Twitter, LinkedIn, e-mail messages directly to prospects and current customers, and a tiny little bit of pitching to the media (increasingly trade over mainstream). 

I don't know if I'd go so far as to say PR has grown up.  More accurately, it's probably experiencing its second childhood — taking the big boys to the teen playground of modern social media.