How do you create a marketing campaign? You'll need to do research and find the right keywords.
Are you aware of which laws are applicable to you? This can change depending on the industry and where you live. Here's a list of the most popular marketing laws in the U.S.A and abroad.
Marketing Laws to Know and Follow
It can be overwhelming to hear all the talk about laws. That's okay. Consider asking a lawyer (not me) for advice. If you have any questions, it is worth asking a legal expert (not me!) Remember that you will likely be on the right side if you don’t steal content or mislead customers.
Some rules can be difficult to follow. I have compiled this list of laws and regulations that every business owner and marketer should know.
1. Advertising and Marketing Copyright Rules and Laws
Marketers know how powerful compelling images are when it comes engaging readers. You can't simply grab any image from the internet and put it in your marketing or ads.
Copyright is granted to anyone who creates an image, writes a post or cuts a piece of canvas and labels it art. Although registration is necessary to enforce copyright, they don't have to do anything to get it. This is in contrast to trademarks or patents which require registration and payment.
What does all this mean? Here are the facts:
- Images should not be used without permission, unless they are open-source or royalty-free.
- If necessary, provide attribution (links) to images.
- Copy images, phrases, and content from other brands.
- Before you alter images, make sure that they are legal.
Information on Copyright Laws in Marketing and Advertising
- Can I use that picture? Infographic Redesigned and Simplified The VCG
- Neil Patel [PDF]
2. Terms of Advertising and Marketing
You can't take images from Twitter and put them on your site (at least, not unless you pay $1.2million). Some photos are not suitable for use in all situations. A photo from iStock that has a “standard licence” can be used in advertising or websites.
If you need to use the service in a different way, an extended license is required.
Many photography websites are free for personal and non-commercial use. You may need to pay a fee to modify the photo or use it in an advertisement. Pay attention to the source of your photos, videos and icons and their terms and conditions.
3. Legislation regarding the use of user data in marketing and advertising
Multiple laws and regulations affect how businesses collect and use data. The 1974 Privacy Act establishes fair practices for the collection, maintenance and use of data in the U.S.
GDPR restricts how much data you can collect and how it is stored. Users have the right to request that you delete their data. It's an EU law. However, it only applies to European users.
This video will explain what you should know.
You may need to comply with other laws depending on where you live. California's CCPA data privacy laws are some of the most strict. If your company does business in California, you should be aware. California's CCPA applies to all companies that do business in California.
Information on laws governing user data in marketing and advertising
- General Data Protection Regulations (GDPR).
- California Consumer Privacy Act
- Complete Guide to Privacy Laws in America
4. Follow the CANSPAM Act
Are you using email marketing to market your business? You should be aware of the CAN-SPAM law if you do. This law applies to all commercial messages, even B2B messages. You could face fines of up to $43,792 for each email that violates CANSPAM. These are the rules:
- Use accurate and truthful headlines, email addresses, and domain names. When sending marketing messages, you must clearly identify yourself.
- Emails that are not disclosed can be considered an advertisement.
- Share your location.
- Users can opt out of receiving email messages by providing a way for them to do so.
- You should monitor what other businesses do for you. You are still responsible for the actions of others, even if they hire you an email marketer.
Resources for the CAN-SPAM Act
5. Conform to Truth-in-Advertising Standards
Truth in Advertising Standards are a set rules that the FTC has established to prevent fraud and stop scams. They also help businesses get compensated for victims of fraud. These laws are applicable to all media types, including advertisements in print, online and on billboards.
These laws won't affect your advertising as long as you tell the truth in your ads. Truth in Advertising refers to:
- False or misleading claims about health
- Funeral advertising
- fraudulent or deceptive gift card practices
- Be honest with customers and avoid misleading endorsements
- Truthindadvertising.org: A non-profit organization that empowers consumers to protect themselves against false or misleading marketing.
6. Respect COPPA (Children's Online Protection Act) as well as other laws regarding advertising children's products
The FTC has established COPPA as a protection rule. It regulates the data that brands can collect about children under 13 years old and how they are identified. COPPA is important if your target audience includes children. Even if your target audience is older, it's important to know the rules.
Here are the facts:
- Upload an online privacy statement that describes how you collect personal information for children younger than 13.
- Parents should be notified of the data you collect and how it is used. Sometimes, parental consent may be required.
- Parents can access and limit the data they collect about their children.
- Keep your personal information only as long as you need it.
Many companies, such as social media platforms, avoid this issue entirely by not allowing children younger than 13 to open accounts. Advertising to children must adhere to the truth in advertising standards.
Resources for COPPA
7. Follow the FTC's Testimonials and Endorsement Rules when using Influencers
Influencer marketing can be a great way to build trust and brand recognition. It is important to follow the FTC rules. These are:
- Influencers are required to disclose any financial, employment, or personal relationship they have with a brand. This can be done by using #ad/#sponsored in social media posts or on blog posts.
- Do not hide the disclosure behind a bunch of hashtags. It should be easily visible.
- Influencers cannot talk about a product experience they haven’t had.
- It may be necessary for influencers to tag the brand depending on the platform. However, this is not a legal requirement. Additional requirements may be required by the platform.
- It is illegal for an influencer to make claims about something that does not exist, such as that it cures a disease or other health condition.
Don't tell lies, don’t ask influencers for lies, and disclose any relationship you have with an influencer.
Endorsement and Testimonial Resources
8. 8. Use consumer reviews in accordance with the law
Trust can be built by listening to customers. But they must be used with care. Businesses cannot:
- Use a contract to stop someone leaving a review
- Reviewers may be charged a fee or a penalty for not leaving reviews.
- Require users to surrender their intellectual property for reviews
This law does not apply to product reviews only, but also to social media posts, reviews online, photos and videos.
Customer Review Laws Resources
9. Follow these Rules for Environmental Marketing
Companies are stepping up their marketing efforts as more Americans want to be green. Sometimes, what companies actually say and what the consumers believe they mean are not always consistent.
FTC's solution to this conflict is the Green Guides. It provides guidance for product certifications, seals-of-approvals, and defines terms like “renewable” or “carbon offset.”
- This guide provides guidance on terms like compostable, recyclable, and ozone.
- Companies are advised not to make unsubstantiated claims about the degradability of products or packages unless they completely fail within one year.
- This article addresses claims that products are “non-toxic.”
The guides are long, so I recommend reading in their entirety before making environmentally-friendly claims.
Information on the Rules for Making Environmental Claims in Advertising and Marketing
Marketing: How to Avoid Breaking the Law
How can I tell if an ad or marketing campaign is in violation of the law?
Before you launch a campaign, make sure you are familiar with the laws. A legal team reviewing your marketing can help to identify legal issues before they become a problem. Legal help is available if you are given legal documentation related to an advertisement or campaign.
What happens if I violate a marketing law
The law and the location will determine which penalty is applicable. You could be fined hundreds to thousands of dollars for violating certain laws.
What are the most important marketing rules to keep in mind?
All of them are important, but Truth in Advertising and copyright laws are the most important. Your marketing should be honest and straightforward. Only use images that you are allowed to use.
Do I need a lawyer to audit my ads or campaigns?
Absolutely, if you have the money. You can also take a crash course on marketing law by reviewing the listed resources.
Marketing: How to Avoid Breaking the Law
It is not easy to create a marketing strategy that works. While there are technical aspects such as keyword research and competitive analysis that you need to consider, it is also important to ensure your ads and marketing campaigns comply with all applicable laws.
This list is a guideline of the most important marketing laws that you should know. You will also need to study the laws of your state and industry. You will need to research state and industry laws.
Which laws of marketing have surprised you most? Do you have any suggestions for new laws?
By: Neil Patel
Title: How to NOT Break the Law in Marketing: Copyrights, CAN-SPAM, Fair Use
Sourced From: neilpatel.com/blog/break-the-law-marketing/
Published Date: Mon, 09 Aug 2021 16:00:00 +0000