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: Massachusetts and Maui Posts: 1,135 Thanks: 107 Thanked 547 Times in 264 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, Meatier Marketing Copy, available in paperback, Kindle, Nook, Audible audiobook “There are few genuine thought leaders in the field of copywriting. Marcia Yudkin is one of them. The strategies she presents in Meatier Marketing Copy are all easy to understand and implement, yet profoundly insightful. If you want to write marketing copy that sizzles and sells, this book is a must-read.” - Steve Slaunwhite, Author, Start & Run a Copywriting Business, Co-Author, The Wealthy Freelancer

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: 7,597 Thanks: 2,675 Thanked 4,345 Times in 2,375 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.
	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: 1,428 Blog Entries: 3 Thanks: 1,096 Thanked 559 Times in 427 Posts	Re: Another important point about testimonials Very important post. Thanks Marcia! TL

10-17-2009, 12:35 PM	#4
Ashley Wright The List Buildin Assassin War Room Member Join Date: Mar 2009 Location: UK Posts: 616 Blog Entries: 1 Thanks: 15 Thanked 119 Times in 49 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!
	What is your time worth?