Branding – FTC Guardian

Federal Trade Commission Chairman Pledges to Investigate Video Game Loot Boxes

Allyn Cutts — Tue, 04 Dec 2018 10:46:07 +0000

Federal Trade Commission Chairman Pledges to Investigate Video Game Loot Boxes

FTC chairman Joseph Simons on Tuesday said he would investigate video game loot boxes to ensure that children are being protected and parents are educated on the matter.

The request comes about nine months after Hassan sent a letter to the Entertainment Software Ratings Board asking for the group to review the rating process as it relates to loot boxes, examine the marketing of loot boxes to children, and put together best practices for developers around the toxic form of microtransactions. The senator also asked the board to conduct a study that further delves into the reach and impact of loot boxes in games. At the time, she said if they didn’t take sufficient action she would ask the FTC to get involved.

“Loot boxes are now endemic in the video game industry and are present in everything from casual smartphone games to the newest, high-budget video game releases. Loot boxes will represent a $50 billion industry by the year 2022, according to the latest research estimates. Children may be particularly susceptible to engaging with these in-game purchases, which are often considered integral components of video games. Just this month Great Britain’s gambling commission released a report finding that 30% of children have used loot boxes in video games. The report further found that this exposure may correlate with a rise of young problem gamblers in the United Kingdom. Belgium, Netherlands, and Japan have moved to regulate the use of loot boxes in video games given this close link to gambling.

Read the full article here.

Here’s How To Make Sure You, Your Business and Website Are FTC & GDPR Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC & GDPR compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission and the new GDPR guidelines.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance & GDPR trainer in the World, for a one-of-kind, completely free online compliance workshop.

Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

How to Avoid FTC Claims When Collecting Leads With Optin Forms

3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

Disclaimer: This article is provided for informational purposes only. It’s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.

The Rule of Automatic Copyright

Allyn Cutts — Thu, 02 Mar 2017 20:01:09 +0000

Why It’s Risky To Copy Stuff Off The Web

By Chip Cooper, Esq.

It’s tempting and so easy to use your right click to download stuff off the Web – to copy or save images, text, even videos. And this content is often great material for your business's website copy, squeeze page, sales page or banner ad.

Fair warning – in most cases this content will be protected by copyright even if there is no copyright notice, and you will need a license or a valid claim of fair use to use it, or face a possible copyright infringement claim that could result in liability of up to $150,000 in damages.

The Rule of Automatic Copyright

The key to understanding why most content on the Web is copyright protected, even if it doesn’t have a copyright notice, is sometimes referred to as “The Rule of Automatic Copyright”.

How copyrights are created is really simple, and that’s why it’s so often misunderstood. The Copyright Act says that a work is created when it is “fixed in a tangible medium of expression”. This means that a copyrightable work of authorship is created when pen hits paper, or keystrokes are recorded into the RAM of a computer, or video is recorded.

So, the fundamental rule is that copyrights are created automatically when an original work of authorship is fixed; no registration, copyright notice, or other act is required. And the copyrights remain with the author of the work. The copyright owner then controls to what extent another person can use the material – the rights to copy, modify (create derivative works), distribute, display, and perform the work.

And very important, if you use any exclusive materials without permission (a license) or a valid claim of fair use, you’re a copyright infringer subjecting you to claims for damages, in addition to other remedies.

What Is Fair Use?

Fair use is a basic principle of copyright law that says that the general public may use certain portions of a copyrighted work without a license from the copyright owner, provided the use is for purposes such as commentary, criticism, search engines, news reporting, research, teaching, library archiving or scholarship.

The catch is that if the copyright owner disagrees with the validity of your fair use claim, you may have a copyright infringement lawsuit on your hands.

To determine whether you have valid claim of fair use, four factors must be considered:

the purpose and character of the use, including whether the use is a commercial use or for non-profit educational purposes;
the nature of copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

The process of weighing and applying these four factors is fact intensive, and there is no bright line test. For example, with the first factor, a key question that weighs in favor of fair use is whether you have transformed the portion of the original work by adding new expression or meaning, such as with a parody, or by adding independently created images to quotes taken from a copyrighted article or speech.

Probably the most significant of the four factors in the context of use in connection with promotional material for your business is the fourth factor – the effect on the potential market for the copyrighted work.

One final tip – don’t fall into the trap of believing that if you acknowledge the copyright owner of the source material, your use is a fair use. On the one hand, acknowledgement may be a point to consider in weighing the four factors, but in and of itself it won’t protect against an infringement claim. And what’s even worse, it may even create additional legal claims involving infringement of privacy rights.

Conclusion

Bottom line, it’s very risky to freely use your right click to download stuff off the Web. Copyrights to Images, text, and videos are almost always vested in someone. And the fair use defense to copyright infringement is very limited in scope, and generally poorly adapted for use with your business.

It’s always best to get a license. That’s the only way to be sure that you’ll not be facing a copyright infringement claim and a possible claim of up to $150,000 per work.

Here’s How To Make Sure You, Your Business & Website Is FTC Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.

Free Compliance Workshop: Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.

Here are some of the things you’ll discover on the training:

Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

How to Avoid FTC Claims When Collecting Leads With Optin Forms

3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You’re In The FTC Crosshairs.

And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

The 7 Tenets of Branding

Allyn Cutts — Mon, 24 Aug 2015 12:03:12 +0000

The 7 Tenets of Branding

Back in June we did a Members Only Hangout on Branding.

I came across this article and thought I'd pass it along – it is a clear and concise summary of the top tenets of branding with great, current examples.

In today’s competitive marketplace, entrepreneurs tasked with raising capital, attracting talent and getting their businesses off the ground are up against a staggering statistical fail rate. But by following some basic principles related to design, marketing and user experience tenets of some of the most powerful businesses out there you can increase your odds of starting and maintaining a successful brand.

1. Simplicity

While it’s tempting to try to be everything to everyone, one of the most impactful ways to stand out in a crowded marketplace is to do one thing well. Vrai & Oro is a jewelry line that shucked the categorical norm of creating marked-up, seasonal items, focusing instead on a limited line of classic, timeless pieces—no gimmicks. The brand name translates to “truth and gold,” and that’s exactly what consumers get—streamlined offerings that are pure and unadulterated, with a simplicity that cuts through the clutter of competitors’ offerings. Even the straightforward web design and ordering process are a seamless extension of the company’s dedication to transparency.

2. Disruption

Strategies that break from norms can force an entire category to reevaluate its behavior. Having grown up in a family of pharmacists, TJ Parker was frustrated by the complexity of the business. His company, PillPack, is the first online pharmacy designed to help people take the right medication at the right time. The Somerville, Mass.-based service prepacks medications and delivers them to customers in convenient time-stamped packets, ensuring that there are no gaps in care. The company’s design, from its medication-scheduling system to its user interface, packaging and website—is simple, intuitive and human, challenging the confusing and alien design language of traditional pharmaceuticals.

Rather than just improving on its competition, PillPack has reinvented a category and infused humanity back into a sector that had lost touch with it.

3. Original Expression

A bold statement or expression can establish a new narrative and original attitude. Tina Roth Eisenberg was inspired to start Brooklyn-based Tattly after her daughter came home from a birthday party with an unsightly temporary tattoo. As a designer, she was more upset than many would be by the offending clip art, but from this she unlocked an opportunity. Tattly is now a profitable business of “designy temporary tattoos” with a cult following and retail partnerships with Forever 21, Urban Outfitters, J.Crew and the Museum of Modern Art. It’s a niche industry, but Tattly is making an impact in a bold way.

4. Big Ideas

A groundbreaking idea that evokes emotion can generate brand loyalty in unexpected and lasting ways. Spirits company Johnnie Walker sponsored Future, a gallery of “artwork not yet created.” Ten artists displayed blank canvases, promising to produce incredible work upon them, and challenged buyers to buy the pieces in advance, taking a chance on talent. The auction sold triple the amount expected.

While Johnnie Walker is not known for art, Future was a physical manifestation of the brand’s personality, showcasing the company’s “belief in people’s potential, transforming the way art collectors buy pieces of art and changing how new artists start their career.” By stepping out of its comfort zone with a big idea, Johnnie Walker humanized its brand while supporting and inspiring a section of its core demographic.

5. Symbolism

Powerful symbols transcend words to trigger emotions and create a meaningful impression. Lego’s business is built on child’s play, yet the brand captures the fancy of pretty much everyone, regardless of age. More than just elemental colored bricks, the iconic Lego blocks inspire creativity in a way that can resonate with adults—from artist Nathan Sawaya’s Lego sculptures to the award-winning The Lego Movie, whose humor spanned generations. The Lego brand symbolizes more than toys; it represents a world of possibility.

6. Meaning

Commit to making a genuine connection with your audience, and you better your chances of evoking an emotional response. The founders of New York City-based Warby Parker aimed to provide consumers with stylish, affordable eye-wear that is also mission-driven. For every pair of glasses Warby Parker sells, it makes a donation that enables optical training in developing countries. Aside from the disruptive stance of challenging a long-stagnant category, the social-impact dimension of the business model was a novel approach that set an example for many companies to follow. By rooting the brand in something meaningful, Warby Parker passes on that meaning to its consumers, making them feel empowered by a purchase that not only looks amazing without breaking the bank, but also contributes to the greater good.

7. Depth

Layers of meaning and purity of purpose create a sense of warmth and emotion around a brand. When San Francisco-based Airbnb introduced its new logo last year, it wasn’t to the greatest of fanfare. But while the new identity may have fallen flat, what the brand did around the redesign process was powerful.

Airbnb continues to build out its brand in a deep and emotive way, updating security measures with full transparency and regularly communicating with customers through curated offerings and multifaceted messaging.

via The 7 Tenets of Branding

Here’s How To Make Sure You,
Your Business & Website Is FTC Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

The training is titled: 3 Tragic (Legal) Privacy Policy List Building Mistakes That Can Get You In Hot Water With The FTC Today – Resulting In Your Business Being Shut Down… And How To Solve It!

Here are some of the things you’ll discover on the training:

Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

Why 2014 Was a Significant Year For Online Businesses, And Why You Should Be Worried!

The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

How to Avoid FTC Claims When Collecting Leads With Optin Forms

3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You're In The FTC Crosshairs.

And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!

#StraightOutta the Internet: From brands to celebs, the NWA meme takes over the Web – Digiday

Allyn Cutts — Mon, 17 Aug 2015 13:18:03 +0000

#StraightOutta the Internet: From brands to celebs, the NWA meme takes over the Web

It was all about the hashtag this weekend with the release of Straight Outta Compton and the brilliant marketing team behind the idea. Although I myself have not seen the movie, the endless entertainment this meme has provided is exceptional.

However, on a serious note, the Straight Outta hashtag is undeniable proof of the power of native advertising and social media when used correctly and in compliance with the FTC.

Could you do this or something similar with your business?

Internet, meet your new inescapable meme.

As a way to promote the upcoming biographical movie about N.W.A., called “Straight Outta Compton,” advertising firm North Kingdom, together with Beats by Dre, created a template that lets users replace the California city with a city of their choosing and a background picture.

From there, the picture can be easily uploaded to Facebook or Twitter creating an infectious viral meme that slyly serves as a promotional tool. The meme has also infiltrated Instagram, but the sharing process is less seamless since they have to take a screenshot then upload it to the photo-sharing app.

Since its inception last week, the #StraightOutta hashtag exploded with 7,000 tweets over the weekend. It blew up on Instagram, with 141,000 total pictures with the hashtag with most of them using the template.

Some used the meme seriously while others made it into a joke. Let’s review who used it, starting with celebrities:

Even the boss is about it. S/O to @Oprah. #StraightOutta pic.twitter.com/MsgRmEh6j1

#StraightOutta BROOKLYN!! @beatsbydre https://t.co/HOYDLNVFgh pic.twitter.com/eMD8hN8GD6

Obviously brands couldn’t resist:

Cruisin down the street, with my Slim 4 #StraightOutta pic.twitter.com/rwdim4dbky

Hedgehog Life. #StraightOutta pic.twitter.com/wlrGsQREE0

That moment when… #StraightOutta pic.twitter.com/7mRF7URxXc

Started from the bottom now we’re here! #StraightOutta pic.twitter.com/d5KXq82Zsc

But the best mic drop of all was probably this one:

This might be the best #StraightOutta that I’ve seen .. Smh, definitely outta patience … pic.twitter.com/tbWIdMe4zo

via #StraightOutta the Internet: From brands to celebs, the NWA meme takes over the Web – Digiday

Here’s How To Make Sure You,
Your Business & Website Is FTC Compliant

By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?

Smart business owners around the world are doing it with the help of FTC Guardian.

Here are some of the things you’ll discover on the training:

Real-Life Examples of People Who Didn’t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too

Why 2014 Was a Significant Year For Online Businesses, And Why You Should Be Worried!

The 3 Enormous Powers The FTC Has That Can Change Your Life – And Your Family’s Life – Forever!

How to Avoid FTC Claims When Collecting Leads With Optin Forms

3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You're In The FTC Crosshairs.

And Much More…

Remember: legal protection is a massively important part of your business, and it’s one you cannot afford to ignore any longer.

Go here to register for our next FREE training and make your business is FTC compliant today!