The FTC's Operation Full Disclosure: What You Need to Know

Don’t miss out on your chance to learn how the FTC’s Operation Full Disclosure can affect you. Join us November 18 at 1:00 p.m. ET for the complimentary webinar, "The FTC’s Operation Full Disclosure: What You Need to Know." Led by John P. Feldman, partner at Reed Smith LLP, and Michael Ostheimer, staff attorney in the FTC’s Division of Advertising Practices, the webinar will cover ways to ensure all ads are complying with the FTC’s standards, the latest on the commission’s ongoing efforts to educate the industry on proper disclosure practices, and what to expect in the coming months with regard to enforcement.

This webinar is part of a series of complimentary webinars from the ANA Government Relations group focused on legal and regulatory issues currently affecting the marketing community.

For more information or to register visit ana.net.

ANA Webinar - Protecting Brands in the Event of a Data Breach

Data breaches are increasingly posing massive risks to brands.  On Tuesday, September 16 at 1:00 p.m. EDTMark Melodia, head of our firm's Global Data Security, Privacy & Management Group will be presenting a webinar, hosted by the ANA, to discuss strategies companies must implement to mitigate risk and damage to brands.  He will examine the crucial ways for brands to work effectively with outside counsel – from initial indications and preparedness to litigation, reporting and resolution.  Mark also will touch upon effective management of external support vendors to maintain privilege and confidentiality and, as appropriate, how to interface with law enforcement (including the FTC), state attorneys general and others.  
 
REGISTER NOW. Visit the ANA website to register for this webinar.
 
Protecting Brands in the Event of a Data Breach
Tuesday, September 16 ,2014
1:00 p.m. EDT (Length is 60 minutes)

ANA Webinar - Managing the Risk of Social Media

While social media has matured over the past decade as a marketing platform, it is still very much a legal work in progress.  Join Reed Smith partner and ANA General Counsel, Douglas J. Wood, on Tuesday, July 29 at 1:00 p.m. EDT for a complimentary webinar entitled Social Media’s Murky Legal Waters to hear what legal risks lie ahead for marketers operating in the social media space, and how they can work to build powerful creative while keeping those risks within reason.

Visit the ANA website to register for this webinar.

ANA Webinar - Bot Fraud: How to Protect Your Company and Brand

Next Tuesday, May 13, the ANA will be providing a complimentary webinar titled Bot Fraud: How to Protect Your Company and Your Brand. Bots — computer-generated, phony visitors to a website that are designed to mimic real traffic and trick advertisers into paying for non-human traffic — are a serious problem for digital marketers, causing damage in terms of CPM, revenue, and reputation.  As this problem grows more prolific, it’s imperative to learn how to protect your company and your brand.

To register and learn more, visit the ANA's website.

Date and Time:
Tuesday, May 13, 2014
1:00 p.m. EDT

Related Content:

Bot Fraud: How to Protect Your Company and Your Brand is part of a series of complimentary webinars from the ANA Government Relations group focused on legal and regulatory issues currently affecting the marketing community.

ANA Webinar Make Up Session: Monday, March 31

For those of you who were unable to participate or are interested in joining the make up session of the ANA's complimentary webinar, SAG-AFTRA Commercials Contract: Common Myths and Mistakes, presented by Stacy Marcus, here is the information:

Monday, March 31 at 3:00 pm EDT

Access the webinar using this login link.

To access the audio:
Phone number: 866.302.7047
Access code: 5434704902

The information to access the audio will also be displayed once you click the link above. You will be able to access the seminar room up to one-half hour before the session.

Webinar Overview: Covering public service announcements, the P&H cap, and the ever-sticky issue of B-roll, this webinar will illuminate the common legal and regulatory missteps advertisers and agencies make when producing under the SAG-AFTRA Commercials Contract. 

Also, just a reminder that Stacy Marcus will be speaking on the SAG-AFTRA commercials contract at the upcoming ANA Advertising Law & Public Policy Conference, April 23-24 in Washington, D.C.

ANA Webinar: What You Should Know About SAG-AFTRA

Join presenter Stacy Marcus on March 18 at 1:00 p.m. EST for a complimentary webinar hosted by the ANA, titled SAG-AFTRA: Common Industry Mistakes. Covering public service announcements, the P&H cap, and the ever-sticky issue of B-roll, this webinar will illuminate the common legal and regulatory missteps advertisers and agencies make when producing under the SAG-AFTRA Commercials Contract.

Visit the ANA website to register for this webinar.

A New Series of Webinars from the ANA
SAG-AFTRA: Common Industry Mistakes is part of a new series of complimentary webinars from the ANA Government Relations group focused on legal and regulatory issues currently affecting the marketing community. With sessions conducted by industry experts and leading client-side marketers, these webinars, running every other month, will explore topics on the cutting edge of advertising and marketing law.

AFofM Commercials Contract Term Extended through 2/14/14

The ANA-4A’s Joint Policy Committee (JPC) and the American Federation of Musicians (AFofM) have mutually agreed to an extension of the current Commercial Announcements Agreement through February 14, 2014.

All current rates, terms and provisions remain in effect through 2/14/14.

Read the fully executed Memorandum of Agreement.

AFofM Contract Extension 2012-2013: Commercial Announcements Agreement

The ANA-4A’s Joint Policy Committee (JPC) has successfully reached agreement with the American Federation of Musicians (AFofM) for a formal extension to the 2009-2012 Commercial Announcements Agreement. Ratification by the union membership will take place shortly and ratification is expected.

The term of this extension agreement is from October 17, 2012 through December 31, 2013.

Effective January 1, 2013:  Contributions to the AFofM Pension Plan shall increase by one percent (1%) from 13.08% to 14.08% for new music tracks recorded on or after January 1, 2013.

Attached is a copy of the fully executed Memorandum of Understanding.

2012 ANA Advertising Financial Management Conference - Digital Doom or Boom?

Doug Wood was a featured speaker at the 2012 ANA Advertising Financial Management Conference on May 6-9, 2012, in Boca Raton, FL. In his session, Digital Doom or Boom?, he put into perspective the risks of riding the digital marketing wave and suggested ways to address them without putting the brakes on creative ideas in cyberspace. A copy of his presentation can be found here.

2012 Advertising Law and Public Policy Conference

How is Washington changing the way that you do business?

Save the Date!

ANA’s Advertising Law and Public Policy Conference returns March 28-29, 2012. This year’s conference will bring together the top legal minds from leading law firms, important government regulatory agencies, and the foremost client-side marketers in the business. Discussions will focus on developments in Washington, action in the courts, and the crucial intelligence you need to have as you navigate through the challenging legal and regulatory environment for advertising and marketing. 

The conference will take place at the Four Seasons Hotel Washington, D.C. Please register before February 1, 2012 to take advantage of our early bird special, which has been extremely highly rated by attendees.

Keep watching the agenda for updates.

If you have any questions, please contact the conference co-chairs, Dan Jaffe of ANA,(djaffe@ana.net) and Doug Wood of Reed Smith, LLP and ANA’s General Counsel (dwood@reedsmith.com).  

For more information, please click here.

Advertisers Push ICANN to Drop New gTLD Proposal

Reed Smith partner and ANA General Counsel Doug Wood said in an interview with the National Journal that if ICANN fails to respond to the ANA’s concerns, it may be forced to sue to block the proposal. “If they choose to ignore us, which I hope they don’t, then we will have no choice but to litigate,” he said, adding that this would only be a last resort. According to Wood, ICANN’s current proposal for gTLD registration could cost companies as much as $2 million a year per trademark. The full text of the National Journal’s interview with Doug Wood and ANA President, Bob Liodice can be found here.

Association of National Advertisers Challenges ICANN Authority to Establish New Top Level Domains

Today, in a letter to Mr. Rod Beckstrom, President, Internet Corporation for Assigned Names and Numbers (ICANN), the ANA (Association of National Advertisers) detailed major flaws in the proposed ICANN program that would permit applicants to claim virtually any word, generic or branded, as Internet top-level domains once the application window is opened in January 2012. The ANA argues that implementation of the ICANN program is economically unsupportable and is likely to cause irreparable harm and damage to its membership and the Internet business community in general. By means of this letter, the ANA with the assistance of Reed Smith, kick starts a serious effort to prevent billions of dollars of harm to brand owners and return ICANN back to the negotiating table by any means necessary.

To learn more about generic top-level domains, read Reed Smith's Client Alert.

California Senate Committee Passes Broad Online Privacy Bill

The Judiciary Committee of the California State Senate on Tuesday passed SB761, legislation that would broadly regulate all online data collection and impose a “do not track” regulatory regime for online behavioral advertising.  The bill was approved on a 3-2 vote and now goes to the Senate Appropriations Committee.  We need your help to defeat this proposal.

Senate Bill 761 was introduced on March 24th by Senator Alan Lowenthal.  The bill covers an overly broad range of information collected online, both personally identifiable information and anonymous data such as IP addresses and click-stream data.  It would direct the California Attorney General, in consultation with the California Office of Privacy Protection, to develop a regulatory regime to require companies engaged in online behavioral advertising or other Internet information collection to provide consumers with notice and the ability to opt out of the collection and use of information for those purposes.  Any company that failed to comply with the regulations would be subject to civil penalties of up to $1,000 and possibly punitive damages.  The bill authorizes the Attorney General to impose a requirement that companies provide access to consumers to all of the information collected about them online. 

ANA joined with a broad coalition of state and national industry groups to file comments describing the serious problems with this legislation.  We also filed separate comments with the Judiciary Committee members.  We will now be reaching out to the Appropriations Committee members.

It would be very helpful if your company would also contact the members to express your opposition.  Contact information is available at http://www.sen.ca.gov.

This bill is bad for consumers, bad for the business community and bad for the national economy.  We agree with the bill’s sponsor that consumers are entitled to notice about the collection of data for interest-based advertising and should have the ability to opt out of those practices.  However, we believe this can be best accomplished through strong, effective self-regulation rather than through government regulation.  ANA and other leading marketing associations launched a comprehensive new self-regulatory program for online behavioral advertising last October.  Information about the program is available at http://www.aboutads.info.

Consumers can go to that website today and opt-out of information collection for interest-based advertising.  We have encouraged all of our members to join this program, which covers the entire online ecosystem.  You can access our OBA toolkit here.

By imposing state-specific rules on information practices in a global medium, SB761 raises very serious interstate commerce concerns.  The bill is similar to the approach of legislation introduced in Congress by Congresswoman Jackie Speier (D-12/CA), the “Do Not Track Me Online Act” (H.R.654).   A government-imposed “Do Not Track” regime is a bad idea at the federal level and an even a worse idea at the state level where a checkerboard of inconsistent state regulation is almost certain to occur.

If you have any questions or comments about the California bill, please contact Dan Jaffe (djaffe@ana.net) or Keith Scarborough (kscarborough@ana.net) in ANA’s Washington, DC office at (202) 296-1883.

SAG/AFTRA: JPC BLTN#7273 Made for Internet and New Media Commercials: New Minimums April 1, 2011

To: broadcast business affairs contacts, legal counsel and other interested parties including talent payroll companies

Re: SAG TV Commercials Contract, AFTRA Television Recorded Commercials Contract,AFTRA Radio Commercials Contract

As you are aware, as of April 1, 2011, new minimum scale session and use fees take effect for Made for Internet and Made for New Media commercials produced under the various SAG and AFTRA commercials collective bargaining agreements.

The attached bulletin, jointly issued by the JPC, SAG and AFTRA provides further information. Please feel free to share the attached with other colleagues in your organization whose work may be impacted by this change.

Advertising Law Conference: Law is a Battlefield

2011 ANA Advertising Law and Public Policy Conference

Advertisers and agencies are accelerating into the digital realm. Are you ready to meet the difficult legal and business challenges facing the advertising community?

Join us at the 2011 ANA Advertising Law and Public Policy Conference as we address the latest developments from Washington, the regulatory agencies, and the courts. Get the tools to effectively conduct business in an ever-changing legal landscape.

Learn about the latest legal and regulatory developments from...

  • Attorney General Bob Cooper of Tennessee, Edith Ramirez of the FTC, and Bryant Godfrey of the FDA.
  • Doug Wood of Reed Smith LLP and Allan Linderman of The Linderman Group on SAG/AFTRA developments.
  • Paul Muratore of Talent Partners and Brian Heidelberg of Winston & Strawn LLP on what you need to know as you negotiate with talent.

CLE will be provided.

Details:

Date: March 15-16, 2011
Location:
Park Hyatt, 24th & M Streets, NW, Washington, D.C.
Member rate: $1,095*
Nonmember rate:
$1,295
Register: RSVP now on our website, or email registration@ana.net.

Update: ANA 2011 Advertising Law & Public Policy Conference

What's your next move?

 

Learn about the latest legal and regulatory developments.

 

The advertising world looks dramatically different than it did just ten years ago. The social media, mobile, and digital marketing revolution continues. Stay ahead of the game, and find out what you need to know about the law and policy changes in the new marketing landscape.

How are the new regulatory efforts in Washington, top-level domains, managing talent agreements, and the industry’s self-regulatory efforts affecting how you conduct business? Learn about these topics and more at the 2011 ANA Advertising Law and Public Policy Conference. Hear from top speakers including Texas Chief Justice Wallace Jefferson, FTC Commissioner Edith Ramirez, FDA Regulatory Counsel Bryant Godfrey, and Andy Pincus of Mayer Brown who will discuss the major implications and implementation of the new Wall Street reform law, and other top-notch legal experts and client-side marketers.

For ANA members, your registration includes a free, private members-only session on March 14, 2011, on crisis management in the cyber world.

CLE will be provided. To view the complete list of speakers, please visit ANA's Web site.

 

Details:
Date: March 15-16, 2011
Location: Park Hyatt, 24th & M Streets, NW, Washington, DC
Member rate: $1,095
Nonmember rate: $1,295

 

Register: For additional industry experts, agenda details, and to register, visit our Web site or email registration@ana.net.

2011 ANA Advertising Law & Public Policy Conference

Learn how the digital revolution is changing the advertising landscape.

How are you coping with the new regulations in the digital revolution? Is self-regulation or governmental intervention the way of the future in online advertising?

Get counseled at digital speed from experts like Edith Ramirez, commissioner of the FTC, Chief Justice Wallace B. Jefferson of the Supreme Court of Texas, Stu Ingis, partner at Venable LLP, and Lee Peeler, president and chief executive officer at the National Advertising Review Council. Digest the digital ad space as you listen to an expert panel moderated by Professor Rebecca Tushnet of Georgetown University Law Center link new media and the future of advertising together.

Be sure to sign up before January 15, 2011, to receive the discounted early-bird rate.

CLE will be provided. To view the complete list of speakers, please visit our website.

Details:

Date: March 15-16, 2011
Location:
Park Hyatt 24th & M Streets, NW Washington, DC
Member rate: $895*
Nonmember rate:
$1,095*
Register: For additional industry experts, agenda details, and to register visit our website or email registration@ana.net.

*Early bird pricing is only in effect through 1/15/2011. Prices will increase by $200.

ANA Wins Major Legislative Victory on New FTC Enforcement Powers

This post was written by Dan Jaffe.

ANA and the entire marketing community won a major victory on the day after we celebrated our 100th anniversary!

At 3:05 AM this morning, Senate and House conferees approved the final version of the Wall Street reform legislation. Fortunately for us, that bill does not include the sweeping new enforcement powers for the Federal Trade Commission (FTC) that were included in the House version. Those changes would have serious implications for every ANA member.

The House passed its version of the financial regulatory reform bill last December. Buried in that bill were three critical changes in FTC authority:

  • Repealing the Magnuson Moss rulemaking procedures (including the requirement that an activity be “prevalent” in an industry before Commission action) and allowing the FTC to promulgate broad industry-wide rules on any consumer protection matter in a highly expedited procedure – all done with a lower standard of judicial review;
  • Expanding the FTC’s authority to immediately impose civil monetary penalties for any violation of the FTC Act without the involvement of the Department of Justice;
  • Providing new liability for “aiders and abettors” of companies that violate the FTC Act, potentially putting thousands of companies at risk by running ads.

These changes were not limited to the authority of the FTC over financial products and services. They would have applied to the broad regulatory authority the FTC has over almost every segment of our economy, including anti-trust.

These expanded powers were not included in the Senate’s version of the financial reform bill. ANA and our member companies and other industry groups met with all of the conferees and more than a hundred other members of both the Senate and House to argue that these sweeping changes should be separately considered as part of FTC reauthorization rather than being added to the Wall Street reform bill.

House Energy and Commerce Committee Chairman Henry Waxman aggressively pushed for these changes at several points during the conference. Each time, Senate Banking Committee Chairman Chris Dodd and other Senate conferees held firm in opposition to these provisions.

While our victory in the conference committee is important, it is clear that these issues will not go quietly into the night. ANA and other industry groups met earlier this week with Senate Commerce Committee Chairman Jay Rockefeller to discuss these issues. Chairman Rockefeller stated that he will continue to aggressively push for new enforcement powers for the FTC during this Congress. We expect Chairman Waxman to join that effort and it is likely to begin very soon.

We believe this was one of the most concerted across-the-board efforts of the ad community. Throughout the past several months, we have worked closely on these issues with virtually every segment of the ad community. We continuously alerted our members to developments and got a number of member companies actively involved in the fight. We should feel very proud of this success which was not certain until the final minutes of the conference committee.

If you have any questions about this matter, please contact Dan Jaffe (djaffe@ana.net) or Keith Scarborough (kscarborough@ana.net) in ANA’s Washington, DC office at (202) 296-1883.

2010 ANA Advertising Law & Public Policy Conference

Join top legal professionals and government regulators March 17-18, 2010 in Washington, D.C., at the 2010 Annual ANA Advertising Law & Public Policy Conference, where you will hear from Jon Leibowitz, Chairman of the FTC and Doug Gansler, Maryland attorney general, as well as leading legal experts both from law firms and client-side marketers.

Connect with key industry leaders and policymakers as we discuss the most volatile and fast-moving legal and political environment for advertising and marketing in decades. Learn about the new regulations, legislation and major court cases that are fundamentally changing the business environment, and how you can keep up!

For the full agenda and to register, go to http://www.ana.net/adlaw2010.

Status of Legislative, Regulatory and Legal Issues Affecting Advertising - A Report from the ANA

This post was written by Dan Jaffe.

Adlaw by Request is pleased to present you with the Association of National Advertisers' recently released Study, entitled "Status of Legislative, Regulatory and Legal Issues Affecting Advertising". This is an important read that covers a very broad range of contemporary issues affecting almost every sector of industry.

If you have any questions about this study, please contact Dan Jaffe / Keith Scarborough in ANA’s Washington, D.C. office at (202) 296-1883, or Doug Wood / Adam Snukal in New York.

Congressman Kucinich to Introduce Ad Tax Bill

To:              ANA Washington Reps and Legal Affairs Reps

From:         Dan Jaffe

Subject:    Congressman Kucinich to Introduce Ad Tax Bill

Date:          October 29, 2009

 

We have learned that Ohio Congressman Dennis Kucinich plans soon to introduce legislation to eliminate the tax deduction for certain food advertising directed to children.

This comes on top of the legislation introduced on October 8th by Senators Al Franken (D-MN), Sherrod Brown (D-OH) and Sheldon Whitehouse (D-RI) to disallow the deduction for DTC prescription drug advertising and promotion expenses.  They intend to try to move that bill as part of the Senate’s consideration of health care reform.

The tax deduction for advertising costs is the number one bottom line issue for the entire marketing community.  In addition to product-specific attacks on food and pharmaceutical advertising, we face a serious threat of an across-the-board attack on the tax deductibility of all advertising expenditures as the Congress looks for revenue to fund various programs.

We need your help to protect the deductibility of all marketing costs.  It would be very helpful if you would contact the members of Congress where you have employees or operations to express your opposition to any restriction on the deduction for advertising costs for any product or service.  If we don’t oppose attacks on product-specific categories, we will face increasing pressures across the board.  As Benjamin Franklin said, “we must all hang together or most assuredly we will all hang separately.”

ANA is working with all other marketing and media associations to let Congress know that we stand united in opposition to any attack on ad deductibility, on an across the board or product specific basis.  It is critical that members also hear directly from the companies that provide jobs in their states and districts.

We will provide more information on the Kucinich legislation on food advertising deductibility as well as Senator Franken’s bill as it becomes available.

If you have any questions about this matter, please contact Dan Jaffe (djaffe@ana.net) or Keith Scarborough (kscarborough@ana.net) in ANA’s Washington, D.C. office at (202) 296-1883.  Please let us know of any feedback you get from these contacts.

 

Dan Jaffe
EVP, Government Relations
Association of National Advertisers
202-296-2359 office
646-369-4886 cell

The Impact of the CFPA Act on the FTC

To:  ANA Washington and Legal Representatives

From:  Dan Jaffe 

Re:  The Impact of the CFPA Act on the FTC

Date:  October 28, 2009

 

We sent out a letter to the House Energy and Commerce Committee regarding the CFPA Act last night. A markup in that Committee has been scheduled for tomorrow. We hope that the Committee will hear from numerous sources about the problems with this bill. If you have any questions, please feel free to call me or Keith Scarborough, our Senior VP, Government Relations.

 

Dan Jaffe
EVP, Government Relations
Association of National Advertisers
202-296-2359 office
646-369-4886 cell

Markup on FTC provisions in the CFPA legislation

To:  ANA Washington and Legal Representatives

From:  Dan Jaffe

RE:  Markup on FTC provisions in the CFPA legislation

Date:  October 27, 2009

 

The markup is expected on the CFPA bill imminently. Apparently, Chairman Waxman of the House Energy and Commerce Committee appears poised to give the FTC its complete wish list as described in the attached letter from FTC Chairman Leibowitz without any hearings or careful consideration. We will have another letter out opposing all this later today and hope others will be weighing in as loudly as possible. It appears that we will be facing a new powerful CFPA, a dramatically strengthened FTC and states that can have even more extensive regulation. This multiple overlapping regulation is particularly harmful for those who need to run coordinated national advertising campaigns. If the FTC gets immediate civil penalty authority, the dollar risk for every company will also go up astronomically. Not a pretty picture. Hopefully, the opposition will increase and we can chip away at some of this as we go through the process.

If you have any questions or comments about the impact of the CFPA on the marketing community, please contact Dan Jaffe (djaffe@ana.net) or Keith Scarborough (kscarborough@ana.net) in ANA’s Washington, DC office at (202) 296-1883.

Maine Children's Privacy Law Update

This post was written by Dan Jaffe.

The business community has won an important victory in a lawsuit challenging a Maine law that severely restricts the collection, transfer and use of “personal information” or “health-related information” from minors.  The Maine Attorney General has publicly committed not to enforce the law, which was scheduled to take effect on September 12th.  Although the federal court stopped short of granting a preliminary injunction, it sent a clear message that any private cause of action under the new law could suffer from “constitutional infirmities.”  We are very hopeful that this will give the business community an opportunity to work with the Attorney General, the bill’s sponsor and others in the Maine Legislature to resolve the serious defects with the legislation.

On August 26th, a lawsuit was filed in federal court in Maine by the Maine Independent Colleges Association, the Maine Press Association, NetChoice and Reed Elsevier challenging the Maine “Act to Prevent Predatory Marketing Practices Against Minors.”  The lawsuit argues that the law is unconstitutional on both First Amendment and dormant commerce clause grounds and is preempted by the federal Children’s Online Privacy Protection Act (COPPA).

After hearing arguments yesterday on the motion for a preliminary injunction against the Act, the federal court found that the Plaintiffs had “met their burden of establishing a likelihood of success on the merits of their claims that Chapter 230 is overbroad and violates the First Amendment.”  The court’s order specifically noted that the Attorney General has publicly acknowledged First Amendment concerns and has committed to not enforce the Act.  In addition, the order put potential third parties on notice that any private cause of action under the Act could suffer from “the same constitutional infirmities.”  We are very hopeful that this will discourage any such private lawsuits.  With these strong findings of the court, the parties agreed to dismiss the lawsuit without prejudice, allowing the parties to relitigate if some third party tries to enforce the law. 

ANA has provided financial support for the lawsuit and we are pleased with this result.  Also, there has been a commitment to revisit and consider carefully revising the law when the Maine Legislature reconvenes this January.

If you have any questions about the Maine lawsuit, please contact Dan Jaffe or Keith Scarborough in ANA’s Washington, DC office at (202) 296-1883.

Why Be a JPC Authorizer?

Few people are aware that the union collective bargaining agreements that govern the employment of performers and musicians in commercials in traditional and non-traditional media are collectively the largest union agreements in the entertainment business. Under these agreements, advertisers pay union performers and musicians nearly $1 billion a year. In the collective bargaining process, the industry is represented by the ANA/4A's Joint Policy Committee for Broadcast Talent Relations (JPC), while actors in commercials are represented by the Screen Actors Guild (SAG) and the American Federation of Television and Radio Artists (AFTRA), and musicians who perform in commercials are represented by the American Federation of Musicians (AFofM).

In May of 2009, the membership of SAG and AFTRA ratified the new three-year television and radio commercials agreements, which was the culmination of two months of negotiations between the JPC, SAG and AFTRA. As part of the new agreement, the unions and the JPC have agreed to conduct a two-year multi-million dollar pilot project to test a new way to pay performers that represents fair compensation, but also provides advertisers with a measureable return on their investment. The pilot will test the GRP Payment Model developed by Booz & Company in a $1.4 million study previously commissioned by the JPC and the unions.

Negotiations with the AFofM will commence in October 2009.

Advertisers and advertising agencies can become signatories to the SAG, AFTRA and/or AFofM contracts either by authorizing the JPC to represent them in collective bargaining or by directly signing onto those contracts after they are negotiated by the JPC. While the vast majority of major advertisers and advertising agencies are represented by the JPC, this memorandum explains why it’s critically important that responsible advertisers and advertising agencies be a part of the bargaining process through the JPC as opposed to being direct signatories with the unions.

Click here to download the full white paper.

ANA Advertising Law Conference, March 17-18, 2010

Save the Date

ANA Advertising Law Conference, March 17-18, 2010

Park Hyatt, Washington, DC

 

Change has come to Washington and to ANA’s Advertising Law Conference! Our fifth annual Advertising Law Conference is now scheduled for March 17-18, 2010 at the Park Hyatt in Washington, DC for ANA’s 100th anniversary. We’ve moved the conference to the nation’s capital to bring in more of the policy makers and agenda setters that are so substantially impacting the advertising community in these extraordinary times. Rest assured that we will continue to ramp up the cutting edge legal curriculum and superb faculty you’ve come to expect. We believe this will be our best conference yet, and CLE credit, of course, will be offered.

Look for an agenda and confirmed speakers soon.

If you have any topics you would like to see covered at the upcoming conference, or have any questions, we would like to receive your suggestions. Please contact Dan Jaffe in ANA’s Washington office at 202-296-2359 or at djaffe@ana.net.

SAG and AFTRA 2009 TV and Radio Agreements - Revised Rate Charts

Revised SAG 2009 TV Commercials and AFTRA 2009 RADIO Commercials rate charts are available.

These rate charts have been revised to reflect minor rounding corrections to the previously issued documents. You will also find some additional explanations/clarifications based on questions we have been receiving from members.

The AFTRA TV 2009 Rate Charts are identical to the SAG TV 2009 Rate Charts and will be posted separately. 

FAQs on Commercial Service Fee

Douglas Wood, JPC Lead Negotiator, answers questions from the advertising community on the new Commercial Service Fee.

FAQ on Timing for New SAG/AFTRA Contract

Q: What timetable now applies to implementing the new Contract?

The new Contract began April 1, 2009, but is not officially approved until the SAG and AFTRA Boards and members vote favorably on its ratification. The union voting process should be completed by May 15, 2009. Since the new Contract was unanimously approved by the SAG and AFTRA negotiating committees, it is virtually assured that it will be ratified by the union Boards and members. But nothing is certain, so there are two options:

  • Continue to operate under the current contract and make retroactive payments of the new rates once the union Boards and members ratify the new Contract
  • Pay the new rates (the unions have issued new rate charts), and run the risk that the new Contract will not be ratified and refunds might be required. Since getting refunds for overpayments from actors is very difficult, the risk associated with paying the new rates may outweigh the benefits of avoiding additional accounting. Each company needs to make that determination on an individual basis.

Q: How long until the deal is ratified by the unions’ Boards and members?

The new Contract was unanimously approved by the Commercials Committees of both unions. It will now go to each of the union Boards for approval, and will then be sent out to the union members for a vote on ratification. This entire process should be completed by May 15.

Q: Until the new rates are published, how should I pay actors?

It is probably better to pay under the old rates until the new ones are all agreed upon. Then you will be able to make retroactive payments to actors. The proposed new rates will be published shortly, but will not be official until the unions’ Boards and members ratify the new Contract. While you can pay under the new rates prior to ratification, you then take the risk of seeking reimbursement should the unions’ Boards or members fail to ratify the new Contract.

Q: Which commercials are subject to the new rates and new Contract provisions?

The new rates, terms and provisions apply to the following:

  • All original commercials produced on or after April 1, 2009
  • All new or additional versions of commercials originally produced under prior contracts for commercials that are integrated on or after April 1, 2009 under the Integrating of Commercials into Different Commercials  provisions
  • All versions of commercials that are edited and aired after April 1, 2009, other than as expressly permitted under the Editing of Commercials provisions

Any terms, rates or conditions of current performer contracts that are more favorable to the performer than those under the new Contract remain in effect, although we are not immediately aware of any such provisions.

Q: Can I still freely bargain for made-for-Internet or made-for-New-Media commercials, and set any rate I can get the actor to agree to?

Yes. The minimums will not apply until April 1, 2011. So you can continue to freely bargain until that time. Even when the minimums are established, your right to freely bargain on editing remains.

Q: What happens now with the eight-week cycle for the Internet and New Media?

The eight-week cycle is now a permanent part of the new Contract. You can run consecutive eight-week cycles as well. Nor do you need to ask an actor if you can use his or her spot for an eight-week cycle if they have not objected to Internet use. With regard to rates, the one-year moveover rate is now 3.5 session fees, and the eight-week cycle is now 1.33 session fees.

Q: Will the JPC be conducting any seminars to explain the new Contract?

Yes. We’ll have a schedule for seminars out in a few weeks.

Q: Where can I get more information?

Information will be forthcoming as it develops. For the next few weeks, you need to be patient as documents are finalized and rates are set. The SAG and AFTRA approval process will also take us through to May 15. But I’ll try to keep everyone posted on my JPC Blog at the ANA website, as well as here on the Adlaw by Request blog. In the meantime, please feel free to email me at dwood@reedsmith.com or call me at 212 549 0377.

2009 ANA Advertising Law & Business Affairs Conference

Please mark your calendars for the ANA's 2009 Advertising Law and Business Affairs Conference on March 10-11, 2009 at The Grand Hyatt New York @ Grand Central Station.

The theme of this year’s conference, as with this year’s Presidential election, is "change." We're putting together the most dynamic and exciting agenda for this conference to date. We have already confirmed the participation of former FTC Chairman Deborah Platt Majoras, who will be speaking on the future of FTC regulation, as well as other important past FTC and FCC officials, including: former FCC chief counsel Bob Corn-Revere, former director of the FTC’s Bureau of Consumer Protection Bill MacLeod and former deputy director of the Bureau of Consumer Protection Lee Peeler. In addition, many top legal experts from key advertisers and outside law firms will be covering cutting edge issues facing the ad community.

You can view the confirmed sessions, as well as register for the conference, at ana.net.

We're sure this will once again be the premiere conference for advertising law and business affairs professionals and encourage you to sign up now.

If you have any questions, please contact Doug Wood at 212-549-0377 or dwood@reedsmith.com or the ANA's Executive Vice President, Dan Jaffe at 202-296-2359 or djaffe@ana.net.