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Old 10-17-2009, 06:30 AM   #1
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Default 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
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Old 10-17-2009, 11:32 AM   #2
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Default 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!"


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Old 10-17-2009, 11:58 AM   #3
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Default Re: Another important point about testimonials

Very important post.

Thanks Marcia!

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Old 10-17-2009, 12:35 PM   #4
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Default 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?
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