Publishing Unapproved Campaigns Could Get You Fired

Publishing Unapproved Campaigns Could Get You FiredYou may have created the campaign, it may not have been approved by the client but he still owns it and posting it to showcase your work without the client’s approval could put your agency in a tough spot and could get you fired

Call it friendly fire. An agency art director posts an unsanctioned version of a TV ad for a client on his personal website to enhance his portfolio. It was the cut he worked on and fought for—even if that particular version didn’t make the cut.

The problem is, he doesn’t own the work, and neither does his agency. The clip belongs to the client, making the art director guilty of copyright infringement.

It’s a scenario that’s become all too familiar at agencies. Copyrighted content routinely finds its way online, as creatives aim to burnish their own brands as much as the brands for which they work. But too often, career aspirations clash with a marketer’s need to protect its intellectual property. Clients pay agencies hefty fees and, naturally, expect loyalty rather than an art director going rogue.

Creative chiefs attempt to prevent such digital dustups, though clearly they can’t police everyone all the time. So, they have taken to schooling employees on the importance of protecting the client’s property—stressing that their very job security is at stake.

Posting work without permission can land not just employees but also their employers and even the client in hot water. Ford was forced to apologize in 2013 after a creative team at JWT India posted spec posters that never ran, including one that featured an illustration of the Kardashian sisters tied up and gagged in the trunk of a Ford Figo. The copy read: “Leave your worries behind with Figo’s extra-large boot.” The piece ended up on the blog Ads of the World and sparked a public backlash.

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FTC Social Media Endorsements Guidelines

FTC endorsements guidelinesEndorsements and reviews are big in social media, they can be effective decision making tools for consumers if they are truthful.  the FTC published endorsement guidelines to help brands and businesses stay out of trouble

Suppose you meet someone who tells you about a great new product. She tells you it performs wonderfully and offers fantastic new features that nobody else has. Would that recommendation factor into your decision to buy the product? Probably.

Now suppose the person works for the company that sells the product – or has been paid by the company to tout the product. Would you want to know that when you’re evaluating the endorser’s glowing recommendation? You bet. That common-sense premise is at the heart of the Federal Trade Commission’s (FTC) Endorsement Guides.

The Guides, at their core, reflect the basic truth-in-advertising principle that endorsements must be honest and not misleading. An endorsement must reflect the honest opinion of the endorser and can’t be used to make a claim that the product’s marketer couldn’t legally make. Continue reading

Social Media Guidance For Physicians

Social Media Guidance For PhysiciansLack of social media guidance for physicians

Professionals in healthcare have been slow to embrace social media and one of the reasons is the lack of social media guidance for physicians.  Physicians face a number of issues related to compliance (HIPAA and in some cases FDA), maintaining trust in the patient/physician relationship and the integrity of the profession

Professional associations steps in

In some cases, professional associations, concerned with the potential negative impact of social media  on the profession at large, have tried to fill the gap and issued guidance.

One of these associations, the American College of Physicians offers physicians a set of social media guidance to explain the pros and cons of social media as well as issue recommendations and safeguards for the proper use of social media

The goal of the recommendations being to preserve the trust in the patient/physician relationship and the integrity of the profession.

Recommendations and guidelines Continue reading

FDA Social Media Guidance Controversy

FDAUnder the new FDA social media guidance, manufacturers would be responsible for monitoring their social media platforms for comments considered inaccurate, misleading or related to non approved or off label use.

They would also be liable when third party websites they have collaborated with publishes or do not filter articles, posts, ads or comments considered inaccurate, misleading or related to non approved or off label use.

All three major industry trade associations – the Pharmaceutical Research and Manufacturers of America (PhRMA), the Biotechnology Industry Organization (BIO) and the Advanced Medical Technology Association (AdvaMed) warn FDA of significant flaws in the agency’s proposed regulations on the use of social media.

Their contention being that information and comments published online by third party comes under the first amendment and they should not have to monitor, correct or remove them even if they are misleading

The first amendment argument has been widely used to justify misleading information in non regulated industries but in the healthcare industry, misleading information, even by third party can have wide ranging consequences on the health of patients, raise false hope and create undue pressure by ill patients on doctors. Continue reading

Facebook Venturing into Healthcare

Facebook venturing into healthcareFacebook venturing into healthcare was predictable.  Apple, Google are doing it and there is a plethora of niche platform doing it.

Facebook already knows us in more intimate ways than we sometimes know.  They know what we like, who our friends are, they know what we share, they certainly have been following and recording when we share our medical conditions, health concerns and health initiative.

They also follow anything happening on their platform and there is no doubt they have noticed that patients have created a number of communities (private and public support groups based on health conditions, they are also keenly aware that studies have shown that these support communities in and out of Facebook are very active and engaged, in spite of Facebook dubious reputation when it comes to privacy

As Facebook mentioned, most Instagram users do not know Instagram is owned by Facebook and they are hoping their health care ventures will follow a similar path with patients ignoring or being unaware of the link between Facebook and the community.

How do you feel about sharing intimate health information in communities run by Facebook or on a Facebook owned platform?

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FTC latest online ad rules

Advertisers should think twice about placing promotional messages on mobile and social media platforms like Twitter if those ads require disclosures or disclaimers to avoid being deceptive or unfair, the U.S. Federal Trade Commission said on Tuesday.

The updated guidelines for online advertising represent the commission’s attempt to catch up to more than a decade of fast-evolving new technology, from the advent of the mobile revolution to an explosion in social media like Facebook and Twitter.

This year, as in the last report issued in 2000, the FTC holds online advertisers to the same standards of honesty and full disclosure as newspapers and television.

But the limited space available on mobile platforms maintained by Twitter, Facebook and others means that it is difficult to place appropriate disclosures close enough to the ad, or prominently enough, to ensure users see it.

“Advertisers should make sure their disclosures are clear and conspicuous on all devices and platforms that consumers may use to view their ads,” the FTC’s Lesley Fair said in a blog post accompanying the 53-page report.

“That means that if an ad would be deceptive or unfair (or would otherwise violate an FTC rule) without a disclosure — but the disclosure can’t be made clearly and conspicuously on a particular device or platform — then that ad shouldn’t run on that device or platform,” Fair wrote.

And the FTC discouraged the use of pop-ups for disclosures since they are so often blocked.

“Most webpages viewable on desktop devices may also be viewable on smartphones,” the FTC said in the report. “Advertisers should design the website so that any necessary disclosures are clear and conspicuous, regardless of the device on which they are displayed.”

Twitter already requires celebrities and others who endorse products to disclose that they are being paid. Facebook had no immediate comment.

“Many of the themes about social media were already surfaced (by the FTC) a few years ago,” said Eric Goldman, Professor of Law and Director of the High Tech Law Institute at Santa Clara University School of Law.

He said the FTC’s guidelines placed the burden more on advertisers and users who take payments, than on platform companies such as Twitter or Facebook. “I don’t see anything that specifically tells Twitter, Facebook or other platforms how they have to design their platform.”

“The guidelines don’t have the force of law. but the FTC is trying to let industry know what it expects industry to do, and when the industry doesn’t do what the FTC wants, the FTC tends to get cranky.”

Original article

AMA Social Media Policy

Professionalism in the Use of Social Media

The Internet and social media in particular, have created the ability for medical students and physicians to communicate and share information quickly and to reach millions of people easily. Participating in social media, social networking and other similar Internet opportunities can support physicians’ personal expression, enable individual physicians to have a professional presence online, foster collegiality and camaraderie within the profession, provide opportunity to widely disseminate public health messages and other health communication. Social media, blogs, and other forms of communication online also create new challenges to the patient-physician relationship. Physicians should weigh a number of considerations when maintaining a presence online:

(a) Physicians should be cognizant of standards of patient privacy and confidentiality that must be maintained in all environments, including online, and must refrain from posting identifiable patient information online.

(b) When using the Internet for social networking, physicians should use privacy settings to safeguard personal information and content to the extent possible, but should realize that privacy settings are not absolute and that once on the Internet, content is likely there permanently. Thus, physicians should routinely monitor their own Internet presence to ensure that the personal and professional information on their own sites and, to the extent possible, content posted about them by others, is accurate and appropriate.

(c) If they interact with patients on the Internet, physicians must maintain appropriate boundaries of the patient-physician relationship in accordance with professional ethical guidelines just, as they would in any other context.

(d) To maintain appropriate professional boundaries physicians should consider separating personal and professional content online.

(e) When physicians see content posted by colleagues that appears unprofessional they have a responsibility to bring that content to the attention of the individual, so that he or she can remove it and/or take other appropriate actions. If the behavior significantly violates professional norms and the individual does not take appropriate action to resolve the situation, the physician should report the matter to appropriate authorities.

(f) Physicians must recognize that actions online and content posted may negatively affect their reputations among patients and colleagues, may have consequences for their medical careers (particularly for physicians-in-training and medical students), and can undermine public trust in the medical profession.

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