Tag Archives: Advertising

Navigating the Legal Pitfalls of Augmented Reality

Navigating-the-legal-pitfalls-of-augmented-reality-a9fbb76fb9Alysa Z. Hutnik is a partner in the advertising and privacy practices at Kelley Drye & Warren, LLP. Her co-author, Matthew P. Sullivan, is an advertising and privacy associate at Kelley Drye & Warren, LLP. Read more on Kelley Drye’s advertising law blog Ad Law Access, or keep up with the group on Facebook and Twitter.

In the past year, augmented reality (AR) has moved beyond a sci-fi novelty to a credible marketing tool for brands and retailers. While part of a niche industry, AR applications are being championed by tech players like Google and Nokia, and a host of mobile app developers have launched AR apps for the growing number of smartphones and portable computing devices. Tech analyst firm Juniper Research estimates that AR apps will generate close to $300 million in global revenue next year.

The power of AR, particularly for marketers, is its ability to overlay highly relevant, timely and interactive data about specific products or services within a user’s live physical environment. For example, companies are using AR to transform home or online shopping by bringing to life static, two-dimensional images ? see Ikea’s 2013 catalog and Phillips TV Buying Guide mobile app ? or leveraging geolocational data to augment users’ real-world retail experiences with instant data on pricing, reviews or special discounts (such as IBM’s personal shopping assistant).

If you’re considering whether to add an AR app to your marketing mix, be aware that traditional advertising law principles still apply, and that both federal and state regulators are keeping a watchful eye on AR’s potential impact on consumer privacy.

Traditional Advertising and Disclosure Rules Apply

A unique aspect of AR is that it allows retailers to give online or mobile shoppers a realistic, up-close, three-dimensional or enhanced view of their products prior to purchase (think virtual dressing rooms). If your AR app is used to promote or drive sales for a particular product, be sure to avoid overstating or exaggerating the features, functions or appearances of the product, or leaving out material information that could sway the consumer’s purchasing decision.

In September, the Federal Trade Commission (FTC) published a marketing guide for mobile app developers. It clarifies that long standing truth-in-advertising standards apply in the virtual world to the same extent as in the real world.

The key takeaway: Disclosures must be clear and conspicuous. That is, you should look at your app from the perspective of the average user and ensure that disclosures are big and clear enough so that users actually notice them and understand what they say. Another rule of thumb is to keep your disclosures short and simple, and use consistent language and design features within your app. Before launching your app, carefully consider how best to make necessary disclosures visible and accessible in the AR context.

You can expect more guidance on disclosures in the near future when the FTC releases its updated Dot Com Disclosures Guide.

Take Consumer Privacy Seriously

To unlock AR’s full potential, developers are integrating the visual elements of AR with users’ personal information, including geolocational and financial data, facial recognition information and users’ social media contacts.

Given the increased scrutiny over mobile app privacy practices (see here and here), the following four recommendations should serve as the starting point for your privacy compliance analysis as you develop your AR app.

  1. Disclose your privacy practices. As with advertising disclosures, privacy-focused disclosures must be clear and conspicuous, and they must be available before users download your app. In October, as part of an ongoing effort to improve privacy protections on mobile apps, the California Attorney General notified a number of developers that their mobile apps did not comply with state privacy laws. These laws require online operators that collect personal information to post a conspicuous privacy policy that is reasonably accessible to users prior to download. The developers have 30 days to comply or risk penalties of up to $2,500 for each time the non-compliant mobile app is downloaded.

  2. Obtain user consent before collecting location data. An increasing number of AR apps tap into geolocation data to provide the user with real-time information about their surrounding physical environment. The FTC’s guidance on mobile apps cautions developers to avoid collecting sensitive consumer data, such as precise location information, without first obtaining users’ affirmative consent.

  3. Create a plan at the outset to limit potential privacy issues. Companies like Viewdle, which was recently acquired by Google, are using facial recognition technology to enhance AR features used in mobile gaming, social networking and social media. In October, the FTC issued a report on facial recognition technology that includes the following best practices when collecting users’ personal data: (1) collect only the personal data that you need, and retain it for only as long as you need it; (2) securely store the data that you retain, limit third-party access to a need-to-know basis and safely dispose of the data; and (3) tell users when their data may be used to link them to third-party information or publicly available sources.

  4. Be careful with children. AR apps can be highly persuasive marketing tools, particularly with children, who may be unable to distinguish between the real and virtual worlds. Earlier this year, an FTC report found that few mobile app targeted to kids included information on the apps’ data collection practices. If you collect personal information from children under 13, you need to comply with the Children’s Online Privacy Protection Act (COPPA), which requires companies to obtain verifiable consent from parents before they collect personal information from their children. Under an FTC proposal now in review, “personal information” would include (1) location data emitted by a child’s mobile device; and (2) persistent identifiers such as cookies, IP addresses and any unique device identifiers, unless this data is used only to support the internal operations of the app.

Have you interacted with AR apps? Do you have concerns about the technology’s privacy and disclosure practices? Share your take in the comments below.

Image courtesy of Flickr, jason.mcdermott.

Read more: http://mashable.com/2012/11/21/augmented-reality-advertising-privacy-law/

40+ Events in 3D Printing, Entertainment Tech and More

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Mashable‘s Events Board is a great place to find the leading conferences in your industry — whether that’s advertising, technology, media or public relations. This week, we’re highlighting five events that we think can help move your career forward. Our picks below include events in New York, Chicago and London. If you don’t find something that’s a fit for you, you can check out more than 40 events in our complete listings.

On the Events Board, you can sort listings by date added, get discount codes for Mashable readers and, in some cases, watch a video of a past event so you can know what to expect. You can also follow our events account on Twitter so you’ll catch the best events before they sell out.


Inside Bitcoins
Date: July 30
Location: New Yorker, New York City

Virtual currencies are taking off, as platform and processing systems become more reliable and traditional merchants begin to adopt new forms of payment. The Inside Bitcoins conference and expo on July 30 will explore key issues including the future of currency, FinTech business trends, investment strategies and opportunities, and more. The program is designed to provide an overview of where the virtual currency industry is today and what business opportunities are on the horizon.


Inside 3D Printing Conference & Expo
Date: July 10 – July 11
Location: McCormick Place Convention Center, Chicago

Inside 3D Printing Conference & Expo has rapidly become the B2B tradeshow for the 3D printing industry. The recent New York City conference attracted more than 3,000 attendees and had significant 3D printing organizations as exhibitors, including 3D Systems, MakerBot, and Stratasys. The summer edition, programmed by Hod Lipson, takes place in Chicago. The program is geared to provide attendees with a strong foundation and understanding of where the 3D printing industry is today and what business opportunities are on the horizon.


Augmented Reality Summit (AR Summit)
Date: June 20
Location: Altitude London, London

Now in its 3rd year, the AR Summit, a one day conference & expo is set to return in 2013, providing a unique insight into the capabilities, innovations, successes and future direction of AR. This platform is designed to bring together the industry advocates, leading technology providers and innovative companies/brands looking to discover, explore and embrace the concepts AR brings.


Content Summit for PR, Social Media and Marketing Professionals
Date: June 24 – June 26
Location: Gleacher Center, Chicago

Master the most critical element in PR and marketing today: Content. 17 speakers will discuss the ROI of developing irresistible content, and how to get your staff excited about writing narratives that help employees and customers solve problems and share knowledge.

Mashable readers save $200 by using the code MASH12.


Entertainment Technology in the Internet Age
Date: June 18 – June 19
Location: Stanford Graduate School of Business, Knight Management Center, Stanford

Through a series of panel discussions and presentations, with ample opportunity for audience participation, the ETIA conference will examine topics within the areas of Internet-focused content creation, distribution, and monetization, as well as technical tools and solutions for shaping the user experience.



Visit our full list of upcoming conferences and events here.

Want to promote your event on Mashable‘s Events Board? Submit it here.

Image via Mario Tama/Getty Images

Read more: http://mashable.com/2013/05/30/events-3d-printing-entertainment/

Is This What it Takes to Market Vodka? Pitchmen Pose as Window Washers

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How do you reach white-collar professionals who routinely work 80-hour weeks? Ultimat Vodka offered one answer to that question, though it’s not clear how scalable it is.

The vodka brand dispatched a dapper-looking gentlemen in New York and Chicago to pose as a window-washer outside office buildings. Peering in from the windows, they shook the workers out of their stupor with an honest admission written on a placard: “You people are hard to reach.” The spokesmen then beckoned the workers to get out in the fresh air — preferably before 6 — and have a drink.

If the video above is to believed, the technique worked: The office drones cracked smiles and met the Ultimat pitchman later for cocktails.

Though sending Ultimat’s window washers out to recruit more fans would be challenging on a grand scale, thanks to the magic of YouTube, a million or so people have been won over since the video went up on July 26.

What do you think? Would you take Ultimat’s spokesman up on his offer? Do you give the brand points for cleverness? Let us know in the comments.

Read more: http://mashable.com/2012/07/30/market-vodka-pitchman-window-washer/

Sometimes Fat Cats Are Actually Fat Cats

You might’ve suspected that a fat cat runs your bank. Now you know for sure.

A new ad from Affinity Federal Credit Union puts a real feline face on that well-known trope, creating a character that’s a mix between Grumpy Cat and Ebenezer Scrooge. Instead of helping you reach your financial goals, this plump pet would rather bleed you dry, using the spoils to set himself up with a tricked-out condo, a wheelbarrow full of catnip and an age-inappropriate girlfriend. Bad kitty!

Affinity, on the other hand, is “100% fat cat free,” the ad says.

The campaign from ad agency DiMassimo Goldstein, New York, is its first work for new client Affinity. While conveying the message that Affinity is not a traditional bank, agency executives also aimed to tap into the Internet’s ongoing kitty love.

fatcat

Video: YouTube, Affinity

“We wanted to personify that big bank mentality in a way that people would respond to,” said Tom Christmann, chief creative officer. “So we thought, ‘Cat video plus I-hate-banks equals fat cat,’ which might be the algorithm for a viral video.”

Even though the country is six years post-recession, consumer sentiment still leans toward the banks-are-evil mindset, he said. That creates an opening for a business like Affinity at a time when credit union membership is growing steadily.

angryfatcat

Video: YouTube, Affinity

Not to deflate the image, but the star of the campaign isn’t actually fat. The exotic shorthair kitty, named Elvis and chosen after a casting call of more than a dozen felines, bulked up with a custom-made fat suit, Christmann said. And those aren’t his paws, either. Puppeteers provided the tiny cat “hands” and gestures in the ad.

Nor is Elvis a greedy megalomaniac. He is, after all, just playing a character.

He’s the Robert DeNiro of cats. He’s the sweetest guy, Christmann says.”

Look for another ad in this series, coming later this summer, where the “fat cat” tosses potted plants off a desk, mimicking another Internet sensation. It’s all about waste and how, of course, Affinity doesn’t use your money for needless overhead.

The campaign is focused mostly in New Jersey, Affinity’s home base, with cable TV spots and billboards. But its social media tentacles will reach much further, via online banners, search and YouTube. There will be a Fat Cat Tinder profile, and the character will take over Affinity’s Twitter account. Also in the works: a music video about Fat Cat and his paramour, Shailene.

Read more: http://mashable.com/2014/07/18/fat-cat-bank-ad/

Experts discuss extreme weather and climate change reporting at the Media Summit

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Image: Alexander Gerst/ESA/NASA/Associated Press

Climate change is a critical discussion in this day and age, and communicating its intricacies can be a challenge. At the Mashable Media Summit we’ve added a session on telling the stories of climate change in the digital age.

Eventbrite - Mashable Media Summit: Formats of Creativity

The session, titled “Talking About the Weather: Telling Extreme Weather and Climate Change Stories in the Digital Age,” will be led by Mashable’s Senior Climate Reporter Andrew Freedman and will analyze the most effective ways to communicate climate change given the multitude of perspectives on the climate change issue.

Speakers joining this session include:

  • Neil Katz, Editor in Chief/ V.P. of Digital Content, The Weather Channel

  • Bernadette Woods Placky, Meteorologist and Climate Matters Program Director, Climate Central

Other previously announced sessions at Media Summit will include media experts like Pete Cashmore, Mashable‘s founder and CEO; Jill Abramson, Harvard University lecturer; Joanna Coles, editor in chief of Cosmopolitan magazine; and Piper Kerman, author of Orange Is the New Black in conversation with Larry Smith, founder of Smith Magazine.

The Media Summit is a one-day conference analyzing the impact of technology on the media industry, with an emphasis on the evolution of storytelling. Speakers will discuss media trends like the rise of big data and mobile, the impact of global social media campaigns, how to use visual platforms to enhance your story and much more.

For a full list of speakers and agenda, check out the Media Summit website. Ticket prices will increase on Thursday, so make sure to reserve your spot early.

Read more: http://mashable.com/2014/11/25/climate-session-media-summit/

Obama Web Ads Target Romney on RNC Turf

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President Barack Obama’s campaign is taking aim at Mitt Romney on Republican National Convention turf. Today, visitors to the Tampa Bay Times website will see a large expandable ad mocking Romney as a fat cat who outsources jobs away from the U.S. and avoids taxes by hiding his money in offshore accounts.

“Click to see Mitt Romney’s qualifications,” states the ad, which when expanded, mimics a desk cluttered with reminder notes. One suggests that Romney has a meeting with the Koch Brothers, and he should “Book trip to Caymans” to “visit money.”

The Koch Brothers are wealthy industrialists who have been vilified by the left in part for their behind-the-scenes support of groups backing conservatives and Republicans including Romney.

The ads, which appear to be delivered outside of Florida and possibly nationwide, were paid for by the Obama Victory Fund, a joint fundraising committee with the Democratic National Committee.

The ad buy is reminiscent of many the Obama camp ran during the early GOP presidential primary races when splashy Obama ads ran on news sites in states including Iowa and New Hampshire, and could be seen by people across the country rather than just in those particular states.

The message has been reiterated in television spots from the Obama camp and outside groups seen often in key swing states such as here in Florida. While the Obama camp seeks to strengthen support among important voter groups like veterans, young people and LGBT rights supporters, it is also hammering away at Romney’s reputation in the hopes of convincing people that he is disconnected from the middle class.

The TampaBay.com ad links to a page on the official Obama site with video of an ad featuring Bill Clinton’s endorsement of Obama.

Meanwhile, Romney is also running ads on the Tampa site. They’re clearly aimed at his supporters convening here for the RNC. The display ads appear along the bottom of most pages of TampaBay.com and tout, “America’s Comeback Team.” Some encourage supporters to “Get your official gear today,” while some show the #GOP2012 hashtag.

This article originally published at ClickZ
here

Read more: http://mashable.com/2012/08/28/obama-rnc-ads-tampa/

Ad Agency Uses Elderly to Game Viral Videos

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What’s the secret to making a video go viral? It’s a question that bedevils all ad agencies these days as clients demand to be the next Old Spice or Evian.

While others attempt to devise an organic route to viral success, Toronto-based agency John St. has a better idea: Just pay interns across the world to endlessly click on your would-be hit video. Above, the agency outlines its “Buyral” program. It began with in-house “clickterns,” but expanded worldwide thanks to the “ip.propegator.” Now, Buyral encompasses the elderly and preschoolers.

“It’s simple. Now you can pay for the clicks you need to make your video go viral,” a voiceover explains. As an agency exec notes, “Once we bypassed the viewing process, our world opened up.”

Before you get outraged, consider John St.’s previous viral program, “Catvertising.”

Read more: http://mashable.com/2012/11/06/ad-agency-buyral-elderly-clicks/

Mashable Weekend Recap: 60 Stories You Might Have Missed

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You might think mid-summer is kind of quiet here at Mashable HQ, but that couldn’t be further from the truth. This weekend was rip-roaring, rollicking and all those other “R” words — full of news, views, ballyhoo and woo woo, and we gathered all of it together right here, just for you.

So start your week right, check out all of our posts we did over the weekend here on the Weekend Recap, and then go out there and make it your best week yet.

Editor’s Picks

Sneak Peek: iPad 7? Features Unicorn Horns, Levitation [SUNDAY COMICS]

Advertisers Need to Pay Attention to Connected TV [INFOGRAPHIC]

Next iPhone Will Debut in Fall, Japanese Blog Reports [VIDEO]

Richard Branson Announces Satellite-Carrying ‘LauncherOne’

Top 10 Pinterest Pins This Week

6 Apps You Don’t Want To Miss

Top 10 Tech This Week [PICS]

News & Opinion

Nokia Knocks Lumia 900 Price Down to $50

How to Watch ‘Breaking Bad’ Premiere Live Online

770,000 Users Demand YouTube-to-MP3 Conversion

Top 6 Comments on Mashable This Week

Watch the Soyuz Lift Off for the International Space Station [VIDEO]

Cutest Thing You’ll See All Day: Man Proposes To Anchor Girlfriend On-Air [VIDEO]

HTC Working on ‘Unique’ New Tablet [REPORT]

NASA Releases Awesome Images of Massive Solar Flare Heading Toward Earth [VIDEO]

Mysterious Photos of a Super Slim Playstation 3 Leaked [VIDEO]

The Real iPod: Elon Musk’s Wild Idea for a ‘Jetson Tunnel’ from SF to LA

Non-Profits to Reap $10 Million From Facebook Settlement [REPORT]

RIM Loses $147,200,000 in Patent Verdict

LEGO Version of ‘Portal’ May Be Coming to a Store Near You

Solar Flare Heading Toward Earth, Could Result in Beautiful Sky Show [VIDEO]

The Chosen One: Meet the Man Who Sparked the Reddit Mystery [VIDEO]

Golden Google Doodle Honors Austrian Painter Gustav Klimt

Fast Food Loves Facebook: Restaurant Chains on Social Media [INFOGRAPHIC]

Amazon Game Network Launch Hints at Kindle Smartphone

Woman Goes to Extremes to Sell $35 Million Mansion

Are FBI’s Android Data-Sharing Apps Hacker-Proof?

Mobile Users Are Checking In as They Check Out of Town [INFOGRAPHIC]

Amy Poehler Gives Fantastic Makeup Advice [VIDEO]

Windows 8 Gets Unboxed

Bieber Hits 25 Million Followers, Twitter Employees Dance [VIDEO]

Are You Afraid of Mobile Phone Separation? [INFOGRAPHIC]

Weekend Leisure

How to Watch ‘Breaking Bad’ Premiere Live Online

Watch the Gruesome Trailer for The Walking Dead’s New Season

5 Fascinating Things We Learned From Reddit This Week

Kickstarter Project: Bring Ancient Artillery into Your Office [VIDEO]

The 10 Most Awesome Breaking Bad Finds on Pinterest

Watch London Cops Pull the Plug on Springsteen and McCartney [VIDEO]

‘Call Me Maybe’ Meets Star Wars: Forced Parody? [VIDEO]

Pack The Perfect Pinterest Picnic

Workout Gadgets Will Soon Be Battery-Free and Powered by You

Top 10 GIFs of the Week

Screen Time: How Much is Too Much for Your Kids?

10 Epic Trick Shot Stunts on YouTube

Who is the Superhero of the Social Web? [INFOGRAPHIC]

Half-Time at Comic-Con: Thursday and Friday’s Featured Films

7 Cosplayers to Follow on Social Media

7 Classic Harrison Ford Movie Quotes as Memes

Who Should Replace Departing ‘American Idol’ Judges?

This Robot Can Express Frighteningly Human Emotions [VIDEO]

Modern Day Heat Wave Problems [COMIC]

Helpful Resources

Reserve These 5 Web Properties for Your Kids Now

Why Analytics Matter to Small Businesses

3 Online Tools for Finding the Perfect Job Candidate

50 Digital Media Resources You May Have Missed

Can We Stop Bullying in the Gaming Community?

This Website Uses Social Media to Find Your Dream Job

A Flash Sales Site for Modest Fashion

How to Tell if Your Ad Is Terrible

12 Jaw-Dropping Booths From Comic-Con

Read more: http://mashable.com/2012/07/16/weekend-recap-62/

Happy Birthday Intel: 10 Fascinating Facts About the Tech Pioneer

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Etsy Bets Big on Google Shopping Ahead of Relaunch

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Beginning next week, businesses that want their products to appear at the top of Google search results will have to pay for it. Etsy, an online marketplace for handmade goods, will be among them.

The Brooklyn-based startup hosts shops for more than 800,000 sellers and has generated $500 million in sales so far this year. It’s investing more than $250,000 in Google Product Listing Ads through the end of 2012 “to make sure sellers aren’t negatively affected [by Google’s changes] during the holiday season,” a spokesperson for Etsy wrote in an e-mail to Mashable. All Etsy sellers with at least one active listing will be indexed — about 15 million items in all — at no additional cost to them. UPDATE: Only the listings of U.S. sellers will be indexed. Etsy could not provide an exact number.

In late May, Google announced that it would be rebranding Product Search as Google Shopping, and that organic Product Search results would be replaced by paid listings come Oct. 1 in the U.S., and in Europe and Asia next year. Results will still be ranked largely by relevance, “with bidding as an additional factor,” a Google spokesperson told Mashable. Natural results will still appear below sponsored results.

Here’s what Product Search looked prior to May (via Google):

Here’s what it looks like today (note the “Sponsored” tag):

And here’s how Google Shopping will look come Oct. 1 (via Google):

Why is Google making the change? In a blog post, Sameer Samat, VP of product management at Google Shopping, said the company believes that if merchants are paying to have their products appear, they’re more likely to keep their product information accurate and up to date.

Google is no doubt hoping that if it improves the quality of its product search results, shoppers will make Google — rather than Amazon — their first stop for online shopping. In a Forrester survey of 4,000 U.S. shoppers released in July, more than twice as many said they began researching their last online purchases at Amazon (30%) versus Google (13%).

Not all retailers are happy about the changes, of course — they are now being charged for a service they once enjoyed for free. The change may seem especially painful for small business owners, but Google says merchants can pay for listings based on clicks or on purchases made on-site, which does even the playing field.

Frank Harris, product manager for search and advertising at Etsy, says he’s been studying the traffic from Google Product Searches since May, and found that it was effective for reaching shoppers who weren’t previously familiar with Etsy. He isn’t sure if the investment will simply maintain Etsy’s current rankings or improve them, but he did say that “historically we were able to syndicate only a fraction of the marketplace, and now we’re working closely with Google to get the entire marketplace into product search.”

Shop owners will be able to track how their Google listings are performing in terms of click-throughs through an analytics dashboard (see above). If the ads perform well, it’s possible that Etsy could begin charging sellers for them later. Last year, the company introduced an ad product for its own site search, allowing sellers to purchase placements in highlighted sections on search results pages. Harris says Etsy “hasn’t decided on anything past spending a quarter of a million dollars for the end fo the year,” but said the company “will talk to the community in early 2013 about next steps.”