Another important point about testimonials

marciayudkin · 10-17-2009, 06:30 AM

With the new FTC rules putting the spotlight on testimonials, it might be a good time to bring up another vital issue in getting and using testimonials.

One excellent technique for getting great quotes from people is keeping a close eye (or ear) on comments they make spontaneously and then getting their permission to use those comments as a testimonial.

Don't skip the permission part! I was just looking at a product I was interviewed for last winter and was surprised to see some comments I made in an email to the interviewer pulled out and used as a testimonial for the product. Yes, I did say exactly what he said I said, but I did not give permission for him to use those comments for promotional purposes. He never asked me. He just took my private words and used them.

When you turn a private conversation into public praise that benefits you commercially, without permission, you may be breaking the law. Don't believe me? Look up "right of publicity" on Google and you will find many state laws governing this, such as "The right to control and to choose whether and how to use an individual's identity for commercial purposes is recognized as each individual's right of publicity... A person may not use an individual's identity for commercial purposes during the individual's lifetime without having obtained previous written consent."

I don't go around filing lawsuits or slinging around legal threats, but some people sure do.

Marcia Yudkin

JohnMcCabe · 10-17-2009, 11:32 AM

Yup, people like Oprah Winfrey and other celebs, for a start.

As I understand it, Right of Publicity is the heart of Harpo's lawsuit against the acai berry folks. Many of these are affiliates jumping on the chance to market a product "endorsed by Oprah". The trouble is twofold - first, they forgot to get Oprah's permission to use her name and likeness, and second, she didn't "endorse" a specific product. She had some experts on who said certain ingredients may help with appetite suppression. Through that in a blender with the ingredient list in the supplement, filter out any sense of ethics, and you get "endorsed by Oprah" and a big honking lawsuit.

TLTheLiberator · 10-17-2009, 11:58 AM

Very important post.

Thanks Marcia!

TL

Ashley Wright · 10-17-2009, 12:35 PM

Very good post, there Marcia, I had the exact same thing happen to me, i told someone they had a great product and the next minute, they took what I exactly said in the email and broadcast it on their page without telling me!

10-17-2009, 06:30 AM	#1
marciayudkin Marketing Mentor War Room Member Join Date: Feb 2008 Location: Western Massachusetts, USA. Posts: 420 Thanks: 22 Thanked 119 Times in 76 Posts Social Networking	Another important point about testimonials With the new FTC rules putting the spotlight on testimonials, it might be a good time to bring up another vital issue in getting and using testimonials. One excellent technique for getting great quotes from people is keeping a close eye (or ear) on comments they make spontaneously and then getting their permission to use those comments as a testimonial. Don't skip the permission part! I was just looking at a product I was interviewed for last winter and was surprised to see some comments I made in an email to the interviewer pulled out and used as a testimonial for the product. Yes, I did say exactly what he said I said, but I did not give permission for him to use those comments for promotional purposes. He never asked me. He just took my private words and used them. When you turn a private conversation into public praise that benefits you commercially, without permission, you may be breaking the law. Don't believe me? Look up "right of publicity" on Google and you will find many state laws governing this, such as "The right to control and to choose whether and how to use an individual's identity for commercial purposes is recognized as each individual's right of publicity... A person may not use an individual's identity for commercial purposes during the individual's lifetime without having obtained previous written consent." I don't go around filing lawsuits or slinging around legal threats, but some people sure do. Marcia Yudkin
	Author, 6 Steps to Free Publicity: http://www.yudkin.com/6steps.htm Marketing Mentor: http://www.marketingformore.com New FTC Regulations: Attorney Decodes Their Implications for Marketers http://www.yudkin.com/ftc.htm

10-17-2009, 11:32 AM	#2
JohnMcCabe Happy Hooker War Room Member Join Date: Jun 2007 Location: North of the Peace River, Southwest Florida, USA. Posts: 2,294 Thanks: 276 Thanked 458 Times in 297 Posts Social Networking	Re: Another important point about testimonials Yup, people like Oprah Winfrey and other celebs, for a start. As I understand it, Right of Publicity is the heart of Harpo's lawsuit against the acai berry folks. Many of these are affiliates jumping on the chance to market a product "endorsed by Oprah". The trouble is twofold - first, they forgot to get Oprah's permission to use her name and likeness, and second, she didn't "endorse" a specific product. She had some experts on who said certain ingredients may help with appetite suppression. Through that in a blender with the ingredient list in the supplement, filter out any sense of ethics, and you get "endorsed by Oprah" and a big honking lawsuit.
	[YOU], back by popular demand... Salad is not food. Salad is what food eats... -- The REAL PETA, People for Eating Tasty Animals "I did not fight my way to the top of the food chain to eat tofu!"

10-17-2009, 11:58 AM	#3
TLTheLiberator Please get a net biz plan War Room Member Join Date: Apr 2008 Location: , , USA. Posts: 1,445 Blog Entries: 3 Thanks: 27 Thanked 171 Times in 126 Posts	Re: Another important point about testimonials Very important post. Thanks Marcia! TL
	Newbies, Lurkers & Non Earners, Need a Proven Step By Step Plan That Works? Investigate the absolute best Niche Affiliate Model resource package (loaded with videos) designed especially for you. Grab your FREE report here with no opt-in...http://topinternetbusinessmodels.com...-warriors.html

10-17-2009, 12:35 PM	#4
Ashley Wright The "Brain Eating" IMr Join Date: Mar 2009 Location: UK Posts: 171 Thanks: 3 Thanked 9 Times in 9 Posts Social Networking	Re: Another important point about testimonials Very good post, there Marcia, I had the exact same thing happen to me, i told someone they had a great product and the next minute, they took what I exactly said in the email and broadcast it on their page without telling me!
	I have always wanted to conquer the world but 2nd best was always to Conquer Internet Marketing!! Join Me?