Guidelines & Disclosure of Paid Product Endorsements

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General overview of Guidelines and Disclosure process

Adhering to legal Guidelines is an extremely important part of doing any paid sponsorship post. That said, legal regulatory guidelines can be confusing. Here are some best practices and guidelines we have prepared to assist you.

General Guidelines for Business

Be clear and upfront with your audience. Never try and hide the fact that a video was sponsored. The more upfront and clear you can be the better. Our Guidelines for Brands and Guidelines for Creators include suggested disclosures that we recommend that you use.

Video Sponsorships: If you are posting a video you must state to your audience if you were paid by a company to talk about their product. You can do this at the beginning of your video, make a url or description.

Text Sponsorships: When posting on channels such as Twitter, Facebook or Instagram be sure to tags such as #ad, #sponsored, or #promotion on the post.  Consider if the disclosure will be visible to the consumer without scrolling down, including on mobile devices.

Under the guidelines, all content that creators and brands collaborate on to produce through OneStopAdvert’s platform requires disclosure. The more clear and transparent you can be, the better.  Assuring that a disclosure is present is your responsibility.  Please review our articles for more details on this process.

This article is not meant to be all-inclusive and we may update our suggestions and guidelines from time to time. We also urge you to periodically visit regulatory requirements in your state or country.

Creator Best Practices

Because OneStopAdvert content are branded contents funded by brands, it is considered “commercial speech” (essentially, an advertisement). Content that is considered commercial speech cannot invoke the same “fair use” defenses as non-commercial speech.  As an Influencer/Creator, this means you should be extra mindful about how you feature people, copyrighted works, locations, logos, trademarks, and other intellectual property owned by third parties in your work. You must also comply with all consumer protection requirements, nd disclose the relationship between your content and the sponsoring brand.

While OneStopAdvert cannot provide you legal advice, the below common issues and best practices may help  you create safe OneStopAdvert content.  Content that doesn’t follow relevant media platform copyright policies, regulatory agencies disclosure requirements, or other obligations under your agreement, will not be approved and will not be authorized for upload, jeopardizing payment. As part of the production process, OneStopAdvert may ask you questions about the legal status of third party materials and people featured in your content, so it’s important that you work with your own legal counsel to resolve issues before you shoot.

 

Please review the below guidelines to avoid common copyright and third party rights pitfalls.

 

To protect yourself and the sponsoring brand, Creators should produce original videos without any third party materials (unless specified by the sponsoring brand).  Any people or third party materials -- including music, photos, logos/trademarks or names -- incorporated into content created for OneStopAdvert must have the proper rights and licenses granted.

Legal disclosures.  You must adhere to the Federal Republic of Nigeria requirements around disclosure. OneStopAdvert will not approve videos that do not clearly meet them. Please refer to the OneStopAdvert Influencer FAQ for more information.

Permission for People.  The general rule is that a person (famous or not!) who is recognizable in a shot requires a written release for you to use their image/likeness.  If you’re not sure if you need a release or not, the best bet is to get one.  This includes visible faces in the background/in crowds and people on the street. You may be required to blur the faces of people who have not signed a release. Also, do not feature the personally identifiable information of anyone without written permission (e.g. their name, email, address, phone number, screen name, customized avatar, etc.)

Minors are not a minor concern.  Minors (under the age of 18)  must always sign a release TOGETHER with their parent or legal guardian.  You must have a release for every minor appearing in your content.

Music sounds complicated—because it is.  Just because you paid for a music download doesn’t mean you can use it however you want. Any music or sound effects in your final cut must be specifically licensed for that use - no matter how incidental or how prominent, no matter how short or how long. This includes rights to both the recording and the written composition. Using original music? Remember that “original” means you - and only you - wrote, performed, and recorded the music. If you recorded your own version of an existing song (i.e. a cover song), remixed or sampled existing musical compositions and/or musical sound recordings, you still need to clear all rights and have licenses in place. Heard a certain song used in other Social Media videos? That  doesn’t mean the song is fair game. You must still obtain the proper licenses to use it in your work.  There are music libraries you can access, but even if something is royalty free, it still may require a license. Remember that OneStopAdvert videos are “commercial,” so make sure that when you do get permission it is for commercial use of the song.

If you don’t have a valid music library license, or license individual songs, you are free to use any of the music tracks in the Social Media Channel (such as YouTube Audio Library) for your OneStopAdvert content.

Materials and video.  Any material that appears in your video which may be copyright or trademark protected - including, photography, posters, logos, video games, computer screenshots or other images that show trademarked or copyrighted material, music compositions, or third party video footage - likely requires a release or license from the original creator.  This includes images of celebrities you may find online. A photograph you may want to use usually has two rights to be cleared: the photographer who took it, and the person/artwork/brand contained in the image itself.  Not all photographers have the right to grant a license to the person’s image in their photography.   Often the best route is to seek a stock image source that includes a license free and clear of any restrictions or additional clearance requirements.

A friend is letting you use some of his footage for your video? Remember - everything contained in their video clip also must be fully cleared.

Logos, packaging and clothing.  Don’t allow anyone appearing in your video to wear clothing with trademarks, logos or recognizable characters  like  cartoon/movie characters or sports team logos.  Also, unless specifically approved, make sure none of your footage includes logos on any products appearing in the shot, like beverages, cosmetics, food packaging,  computers, phones or any other equipment.  When in doubt, turn the package around, and pick a plain blue shirt instead of that one with a logo on it! You should also avoid verbally mentioning another brand or brand slogan unless specifically requested by the sponsoring brand.

Locations. If you shoot in a third party location such as a retail store or public park, you must have permission from the legal owner of the property. Remember, everything included at that location - individual people, product logos, artwork, music playing over loudspeakers or heard from a car radio, etc. - ALSO must be fully cleared. Since you have much less control over the environment, shooting in a third party location can often be more trouble than it’s worth. Keep in mind that some iconic locations/buildings may be landmarked and require permission for inclusion in your video (e.g. the Hollywood sign, the Chrysler Building). Please research required permissions for your locations before shooting!

Parody and Fair Use/Fair Dealing.  We highly suggest you do not rely on parody or other fair use exceptions to using copyrighted materials.  These are frequently misunderstood areas of the law, and if you intend to rely on these exceptions instead of getting necessary licenses/approvals, we may require you to seek your own legal counsel for guidance.  If you get the proper licenses, or even better, develop your own original content, the fewer problems you will have.

Community Guidelines and Ad Policies.  Remember that all your content must be in compliance with relevant social media channel policies. Take another look to remind yourself of what type of content isn’t allowed on each of the Website!

We look forward to seeing your content!

Disclosures for OneStopAdvert Videos

Verbal Disclosure must be said within the first 30 seconds of the video.

Please use one of the below phrases:

  • “This video was sponsored by [BRAND].”
  • “Thanks to [BRAND] for sponsoring this video.”
  • “This is an ad for [BRAND].”

Written Disclosure must be within the first three lines of video description text above the fold, and before any other links to the product or product codes provided by the brand.

Please use one of the below phrases:

  • “This post was sponsored by [BRAND].”
  • “Thanks to [BRAND] for sponsoring this video.”
  • “This is an ad for [BRAND].”
  • “Check out my new sponsored video about [BRAND]!”

 

[Optional] On-Screen Disclosure must be a burned-in text overlay, appearing long enough to be read, and in a font and color that stands out against the background.

Please use one of the below phrases:

  • “This video was sponsored by [BRAND].”
  • “Thanks to [BRAND] for sponsoring this video.”
  • “This is an ad for [BRAND].”

Social Media Disclosure must be included when the video is posted on any other social channels, at the beginning of the description.

 

Please use one of the below phrases:

  • “This post was sponsored by [BRAND].”
  • “Thanks to [BRAND] for sponsoring this video.”
  • “This is an ad for [BRAND].”

Following the description, please include one of the following hashtags:

  • #ad
  • #sponsored
  • #promotion

You've received a project cancelation message. Now what?

Your project is canceled, and the sponsor has been refunded.

You may have received an email from support about a project being canceled once or twice, and pretty much left it at that.  While we hate to see a sponsorship halfway completed, we refund brands at their request at any stage in the project.  Here's what you need to know when you receive a cancelation message.

 

3 Strikes, Yikes!

You've received 3 cancelation emails from OneStopAdvert within 6 months.  What this means is on the 4th cancelation message, you will receive a final warning for account usages.  The 5th cancelation message constitutes to a permanent ban to your OneStopAdvert account.

 

WHY?

Most brands have a schedule they align with when hiring influencers/creators.  If an influencer/creator has an outstanding number of refunds/cancelation, this takes away opportunities for other creators that are willing to meet time and schedule requirements.  In addition, delaying the brand's marketing campaign.

If refunds were due to both parties agreeing to leave, this does not count towards this policy.  We review each refund accordingly by case.

For more information, feel free to reach out to contact@OneStopAdvert.com.

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