Industries Liability Blog

Throughout the world there are a variety of media agencies that help different brands through digital marketing, advertisements, events, and other media outlets. Because technology is continuously changing everyday there has been numerous media agencies affected by a variety of liabilities. Three of the most popular liabilities that have affected media agencies include cyber liability, false misrepresentation, and right of publicity. The first liability that will be discussed is called cyber liability.  According to the IRMI website, cyber liability is caused when a business has a data breach which more than likely will cause the business to lose private information regarding the business and/or clients. An example of cyber liability includes a prominent case in which nineteen former Facebook users accused Facebook, Inc. of releasing their private information online. According to the website Find Law, Facebook created an online program that targeted Facebook users web activity from different websites and in turn posted their web activities to their personal Facebook page. This quickly became a problem because Facebook did not receive proper consent from the Facebook users to broadcast their personal web activity on their social media page. Through negotiation and mediation the defendant, Facebook, Inc., agreed to pay nine and half million dollars to the plaintiffs only if they agreed to release all of their claims against Facebook, Inc. In this particular situation Facebook, Inc. should have sent an electronically written consent form to their users in order to keep them from being sued from their online users.

The second liability that a media agency may face is representing a client whose does not have any trademark rights regarding the company’s name and/or logo.  According to the website Find Law, AOL Advertising, Inc. filed a law suit and injunction against the company,Advertise.com, because the defendant was infringing on the trademark rights of the plaintiff. AOL Advertising, Inc. claimed that Advertising.com was using the same type of textual image and design as AOL Advertising, Inc. According to the United States Patent and Trademark Office, AOL owns the trademark rights to “ADVERTISE.COM” and they also own the design rights of the title. The district court ruled in favor of AOL Advertising, Inc. and urged the defendant to stop using the trade name or any type of design that would be closely related to AOL’s title name. Because AOL own the name and design of the word “ADVERTISING.COM” than they should have won the case because ultimately the defendant would have been infringing on their rights. The defendant should have researched the title of their company carefully before deciding to use that particular title for their company’s brand name.

The third liability that a media agency may face is the right of publicity. If a media agency decides to use a well-known person to endorse their company it is highly important the media agency sends a consent letter to that well-known person asking them for permission to use their name and/or image. An example of this type of case would be the Lindsey Lohan v. Game Theft Auto V case. According to the Hollywood Examiner, Lindsay Lohan is suing Game Theft Auto V because they allegedly used her image in one of their videos games without her consent. Lindsay Lohan explained that the character that is displayed in the game shares similar features, clothing, and accessories that have been worn by the celebrity in recent years. Though this is still an ongoing case there has been many other similar cases where businesses have use celebrities as a way to gain notoriety for their brand. Many businesses have to very careful of how they use someone’s image and they need to make sure that they have some type of written consent form from the well-known establish person. This preparation will prevent lawsuits and chaos for the business and the celebrity.

In conclusion, in order to avoid all of these liabilities it is important for a media agency to research every type of information about their company in order to make sure that they are not infringing on any one else’s rights. It is important that the media agency possesses trademark rights and it is highly important that they make sure that they have some type of written consent document whenever they are using a third party to help endorse the business and/or product.

Spoiled Rotten Marketing Review

Spoiled Rotten Marketing is a marketing service for salons and spas that are gearing towards increasing their brand. The company helps their client’s brand by featuring them in Spoiled Rotten Marketing’s spa package. The spa package includes many types of salon and spa services that are ninety percent off the original price. Many customers who have purchased these packages can use them in different salons that are featured in the package.  According to the Spoiled Rotten Marketing website, they have different partnerships with some popular charity organizations, which include: Habitat for Humanity, Give Kids the World, Women Playing for A T.I.M.E., and other charities within the Florida area. According to a recent Million Dollar Cup presentation on Youtube, the company explained that the charities sell their spa packages at their events and in turn Spoiled Rotten Marketing gives the different charities a portion of their revenue. The company has a hundred clients and their business is continuously growing within the central part of Florida.

During the presentation the speaker was very knowledgeable about the brand and what the brand meant to her as a person. She thoroughly explained to the audience the purpose of the company and the reasons as to why the company has been very successful within the last year. The only weakness during the presentation that I notice was the angle of the camera. The angle of the camera was facing the side of the presenter and not the front of the presenter. If an audience member were looking at the presentation on the Internet than they would want to be able to see the presenter up close in front of them. The only thing I would recommend to the company is that if the presentation is going to be recorded on a camera then I think it is important that the cameramen make sure the camera is facing the presenter. I think it is important to make sure the presenter is approachable in person and to the Internet users as well. I also would recommend that they change the business concept just a little and begin seeking salons and spas in south Florida or in other states. I think they should start broadening their business more to other people outside of central Florida. I think by doing this they will see an increase in revenue and their brand will continue to grow popular within their industry.

Interview Blog

In our everyday lives we use negotiation tactics to create business deals, solve complex problems, and build long lasting relationships. Through effective negotiation we are able to produce positive results, however, before creating those positive results it is important to know how to separate the people from the problem, know how to handle dirty tricks, and know the importance of preparation. Recently, I conducted an interview Mr. Rod Washington who is the Public Relations and Media Coordinator for the City of Monroe. Mr. Rod Washington has many years of experience in marketing and public relations. On an everyday basis Mr. Washington negotiates with the different departments within the City of Monroe, he overseers all of the marketing for the City of Monroe, and he plays an intricate part in developing our annual DeltaFest that the city host every year.

During the interview we discussed different techniques of how to separate the people from the problem. First, it is important to not take things personal because as a negotiator accomplishing the main objective should be your main focus and goal. The second technique that he discussed during the interview is the importance of researching information about the other party. Researching information about the other party will help the negotiator to determine the type of person he or she is negotiating with and it can also helped them to identify the other person's underlying interests. During the interview we talked about different dirty tricks that can occur during a negotiation and he stated that in order to determine whether someone is playing a dirty trick during a negotiation it is essential to research similar deals that are related to your market. He stated in the interview that researching in advance would definitely help a negotiator to know the true value of the deal that is being negotiated. During the interview Mr. Washington stated that in order to reach your objective criteria it is important that the negotiator researches legal information, scientific data, or standard rates for a particular deal. By seeking the proper facts and research for your proposal he mention that people will want to take a chance with the negotiator and build a great partnership that can create new opportunities for all parties that are involved in the negotiation process.

Also, during the interview with Mr. Rod Washington he also gave a few tips for new negotiators in the marketing industry. First, he stated that it is important that one is properly prepared for a negotiation. If one prepares properly before entering a negotiation than the negotiator will receive positive results. Second, it is important to take time to research data about the particular market that you are seeking to negotiate for a particular deal. Third, he stated that learning about the other party and/or entity will give the negotiator an advantage to observe and seek the other parties underlying interests.  The final tip he stated during the interview for new negotiators is the importance of being confident and consisted in your negotiation methods.  In conclusion, it is important to know the techniques of negotiation because it helps the negotiator to be more confident in presenting their proposals to their potential clients.

Digital Marketing in Today’s Society

 

Digital Marketing in Today’s Society

Digital marketing has become the best way for companies to reach their customers in a quick and fast approach way. As technology continues to become more advance everyday companies begin to venture out on different ways to advertise their products to their consumers because they want to appear more knowledgeable and innovative than their competitors. According to Adotas website, advertisers have begun reaching out to their consumers and prospective consumers more through a digital format marketing campaign. One of the new creative ways that companies are advertising their products is through street ads that we see on a daily basis. Now in the digital age companies can now track your social interest from a computer or mobile app and transmit that information to a billboard close to your destination. For example, when a consumer is driving past a billboard there interest from the downloaded app will immediately pop up on the billboard because a signal was transmitted from the app to the billboard. This has become the best way for companies to advertise their products more on a consistent basis.

There is a new type of digital technology called Google Glass that enables a person to receive a variety of information at one time. According to a Washington Post article, Google Glasses are a pair of glasses that have a small screen embedded beneath the upper corner of the frame. The glasses help consumers to stay inform of any type of notifications, phone calls, or emails. The article also states that these glasses can be used in different types of fields especially for shopping mall customers. According to Adota, if a person is in the mall shopping for someone or themselves that can easily put the glasses on and the glasses will immediately scan that person’s face to analyze their preference regarding where to shop in a particular area. It will also show that person different websites of where he or she has visited on the Internet. This has become a great way for mall customers to buy gifts for their love ones because now they know exactly what to buy based on this innovative device. In conclusion, digital marketing will become a priority for all companies because technology is continually advancing on an everyday basis and companies need to use these tools to reach a broader audience in a bigger atmosphere.

Business Storytellers: TEDTALK

Stella Young

Throughout my life I have always went to school with people who were disabled and/or handicapped. They have always inspired me by how well they have overcome the adversities in their life. After listening to Stella Young talk about her experiences as a handicapped woman she helped me to realize that sometimes non-disable people tend to objectify handicapped people. This stood out to me because we do this unintentionally on a daily basis and until now I never knew that I was possibly making a disable person feel that type of way.

 During her speech she talked about how one of her students in her class raised his hand during lecture and asked her,  “Are you going to give an inspirational speech?” She was confused as to why the student was asking her this question and the student said to her, “Well most handicapped people give an inspirational speech.” When she mentioned this during her speech I was mortified that the student asked her that question, but I was even more surprised that she did not get mad at the student. Instead she blamed it on the media and how they portray disable people in today’s society.
She also mention that in today’s society the media uses disable people as an object or in her own words “inspirational porn” to motivate non-disable people to be more appreciative of their lives and be grateful that they are not in that same predicament as those who are handicapped. I completely agree with her statement because the media usually objectifies a person or thing in order to benefit someone's needs or wants. Stella Young did a magnificent job with her speech and she was very motivating to me. Because of Stella Young I will now be more consciousness of how I approach someone who is disable and/or handicapped.
Link to TED speaker: http://www.ted.com/talks/stella_young_i_m_not_your_inspiration_thank_you_very_much/transcript?language=en

Product Placement in Entertainment Industry

Product Placement is gradually becoming one of the most popular marketing strategies in the entertainment industry. Product Placement is a marketing strategy that allows companies to market their products within different types of entertainment, which can include television shows, films, and music videos.  Product Placement can be used as another avenue of marketing because it helps company’s market their products to a wide range of consumers worldwide.  According to a Business Week article, after the Reese’s Pieces candy was featured in the film, E.T., their sales increased by sixty-five percent and it also stated in the article that Red Stripe beer sales increase by more than fifty percent after it was featured in the film, The Firm.

According to an article by Psychology Today, it states that product placement can determine our attitude towards a specific television and/or film by the products that are being used in a scene. It also mentioned that product placement plays a role in how we as an audience identify ourselves with the product that is being advertised in a specific show. Product placement has become another outlet for film and television shows to receive more money to support their financial project without having to rely solely on advertising commercials.  Though product placement endorses and increase sales opportunities for company's branding their product it can also have a negative effect within the industry.

The featured film, Transformers: Age of Extinction, has been receiving complaints by two major Chinese companies that helped endorse the film. One of the two companies have argued that their brand did not received enough air time on the film. According to an article by the Atlantic, the other Chinese company, Chongqing Wulong Karst Tourism Company, is suing Paramount for not upholding their obligation to display their company's brand in the film. This is a great example of how product placement is not always the best marketing plan for a company. If an entertainment company does not give the other party's brand enough air time or if the movie does not do exceptionally well in the box office than it actually results in a marketing strategy that went completely wrong for each party. Both of these scenarios are examples of how product placement is not always the best way to market a company’s brand and/or product. In conclusion, product placement has it advantages and disadvantages but it is clearly becoming more popular within the entertainment industry and will continue to grow more as a marketing avenue for major companies who are seeking to advance their sales and operations.

The New Marketing Movement in the Music Industry

In the music industry today many artists promote their new albums through social media, television, radio, or at live events. These different types of successful marketing strategies have been used by a variety of artists in the music industry. In the last few months artists have began releasing their album unexpectedly on iTunes without any type of notice or marketing towards their album. Beyoncé who is a mogul in the music industry recently surprised her fans and released her self-entitled album called “Beyoncé”.

Though many critics believed that this strategy was definitely a high risk move for Beyoncé to engage in during this time in our society it was definitely proven by her record sales that this was a successful strategy that will ultimately set the bar for other artists in the music industry. According to the Apple Press Release, it stated that Beyoncé is the first artist to sell 828,773 albums in just three days on iTunes.  Since Beyoncé released her album secretly on iTunes there have been many other artists who have released their music without any type of marketing for their album. According to The Recorder, Kid Cudi who is a well-known rapper in the music industry surprised his fans and released his new album “Satellite Flight: The Journey to Mother Moon” on iTunes a few months ago.

This strategy is definitely a risk for all artists, however, the only types of artists that should seek and use this strategy are those who are trendsetters with a strong fan based in the music industry. These two things are very important because in the music industry today it is not all about the quality of the music instead it is about the quantity of the record sales. This new movement will allow the record label to save money on marketing projects while simultaneously allowing the artist to have a deeper connection to their audiences. This new trend is going to eventually replace the old tradition of marketing and create a movement that will ultimately change the music industry in the near future.