The Joint Policy Committee, LLC (“JPC”) reached an agreement with the Screen Actors Guild-American Federation of Television and Radio Artists (“SAG-AFTRA”) on the 2019 Commercials Contract and Audio Commercials Contract on April 2, 2019. The deal, led by Reed Smith partner and Chief Negotiator, Stacy Marcus, now moves into its next stages and will be … Continue Reading
From time to time it’s good to keep in mind specific network guidelines when producing public service announcements. According to network standards, public service announcements (PSAs) are meant to inform the public of the work of charitable, governmental, and non-profit organizations and other services available to the public. Such announcements must reflect the true nature … Continue Reading
From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline involves the advertising of food. Standard According to the network guidelines, advertising may not overstate the nutritional value of foods. Use of words such as “nutritious” or “healthy” must be substantiated and … Continue Reading
From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline involves the use of public symbols in advertising. According to network standards, heads-of-state, other public officials, religious leaders, and public buildings and/or monuments must be treated with appropriate respect and dignity when … Continue Reading
From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline involves guarantees or warranties. Per the network guidelines, references to guarantees, warranties, or similar terms in advertising copy must comply with all applicable laws and governmental rules and regulations, including the Magnuson-Moss … Continue Reading
From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline involves sponsorship identification. Per the network guidelines, advertising must contain proper sponsorship identification pursuant to the Communications Act and rules and policies of the Federal Communications Commission (47 C.F.R. § 73.1212). In the … Continue Reading
At long last, the 2013 contracts are available. Although hard copies of the books are still being printed, the first digital versions of the Commercials Contract and Radio Recorded Commercials Contract are available. The digital documents will be updated with an index and reposted by the JPC and Union in the coming weeks.… Continue Reading
From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline involves controversial issues of public importance in advertising, also known as advocacy advertising.… Continue Reading
Effective September 1, 2014, all advertising commercials, sponsorship messages and promotions broadcast on television stations in Canada must be aired with closed captions for the hearing impaired. This requirement may necessitate that you add closed captioning to commercials previously produced and aired that will be broadcast on or after September 1st.
For a complete explanation of the requirements, please download the Institute of Communications Agencies (ICA) member bulletin.… Continue Reading
From time to time, I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline involves product demonstrations.
Per the network guidelines, when a commercial demonstrates the attributes of a product, the demonstration must be performed with actual examples of the product as available to consumers, and the results must be accurately represented. The use of mock-ups or enhanced or altered products is not permitted.… Continue Reading
After conclusion of the 2013 Commercials Contracts negotiations and subsequent ratification, several issues came under review by the JPC and SAG-AFTRA that warranted further discussion and clarification.
(Those issues were previously outlined in 4A's Bulletin # 7545JPC, dated 8/6/13.)
The JPC and SAG-AFTRA have reached final agreement on these outstanding items. Download a copy of the joint JPC/SAG-AFTRA memorandum for further information.… Continue Reading
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.… Continue Reading
Our firm's LSHI Group reported on an announcement by the Food and Drug Administration (FDA) last week, asking for public input on a proposed research study concerning whether the risks presented in direct-to-consumer (DTC) prescription drug ads should be limited solely to risks that are considered "serious and actionable." While some say the current risk statements found in TV ads are too long and result in, among other things, reduced consumer comprehension, others believe the DTC ads do not provide enough risk information. The deadline for feedback is April 21, 2014. For more information, read the recent post on the Health Industry Washington Watch blog:
http://www.healthindustrywashingtonwatch.com/2014/02/articles/regulatory-developments/fda-developments/coming-to-a-tv-near-you-fda-seeks-public-input-on-limiting-risks-presented-in-directtoconsumer-television-ads/… Continue Reading
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.… Continue Reading
Safety First! From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline involves Safety in Advertising. Per the network guidelines, all advertising that disregards normal safety precautions is unacceptable. The networks will not accept advertising that directly or indirectly condones or glamorizes … Continue Reading
This bulletin outlines several areas where the JPC disagrees with the Union's interpretation of the 2013 Commercials Contract provisions. The JPC and the Union are working to resolve their differences. In the interim, please notify the JPC by emailing Stacy Marcus at email@example.com in the event that you receive a claim from the Union regarding any of the issues outlined in the bulletin.… Continue Reading
New 2013-2016 Compensation Rate Sheets, Tables and other supplemental rate-based materials have been drafted, verified and agreed to by the industry and the union. As a reminder, the effective date for any retroactive payments due to performers for compensation under these contracts as well as implementation of new working conditions and other non-economic provisions is no later than June 30, 2013.
Please use the link below to view these materials.… Continue Reading
Is There a Doctor in the House?
From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline is the "Persons in White" Rule (a.k.a. "The White Coat" Rule).… Continue Reading
Home soda machine manufacturer, SodaStream, who recently had its Super Bowl ad rejected by CBS is finding new life. While the company will instead be forced to run an alternate ad that has been shown previously, there is a chance that the press SodaStream is receiving from its rejection will create enough buzz to support … Continue Reading
One of the major components of broadcasting commercials on national networks is obtaining pre-approval from the network clearance departments. Such clearance considers many aspects of a commercial’s content, but often the most challenging area is substantiation of claims. The networks require that all advertising claims be valid and adequately substantiated. A research editor at each … Continue Reading
One of the major components of the network clearance process is addressing clearance issues with the network editors. Below is a list of helpful tips to keep in mind when addressing clearance issues: Network clearance issues can be addressed with the editors in written form (email or letter), by phone or in person. Address issues … Continue Reading
The networks require that all revisions to existing commercials be submitted for review and approval prior to airing. Substantive changes, such as those involving claims, will need to be submitted in storyboard or script form for preliminary clearance, followed by a final, slated version and as-produced script for final approval. Minor revisions need only be … Continue Reading
Recently, a few clients have inquired as to whether or not commercials need to be cleared with the cable networks. Some cable networks do require that commercials be submitted for review and approval prior to airing. The cable networks that require clearance are ABC Family, Fox Cable Networks, MTV Networks, Nickelodeon and MyNetwork TV. NBC Universal Cable … Continue Reading
The following link contains the full text of the JPC’s recent bulletin regarding SAG/AFTRA’s proposal for a 1-year extension to the Commercials Contracts. It is the intention of the JPC to agree to the extension. During this extension year, all rates, terms and conditions of the 2009 – 2012 Commercials Contracts would remain the same, i.e., there … Continue Reading