BUSINESS AND MARKETING: Business and Marketing Forum Business and Marketing Articles

Political Attacks ads

COW Forums : Business & Marketing

<< PREVIOUS   •   FAQ   •   VIEW ALL   •   PRINT   •   NEXT >>
Richard HerdPolitical Attacks ads
by on Sep 25, 2014 at 5:57:18 pm
Last Edited By Richard Herd on Sep 25, 2014 at 6:13:33 pm

The client right-clicked and save as... the photos from the opposition website. I said I cannot use that photo. The client then said it was a public figure. I said, that's almost true. Public figures can be photographed by paparazzi and then sell those photos, but that is a different use than right-click save as... from the website.

Thanks for any help/wisdom, in whether or not I can/should use those images.


Return to posts index

Todd TerryRe: Political Attacks ads
by on Sep 25, 2014 at 6:24:36 pm

Keep in mind you are talking about two different things... the image/likeness of this person, and the photograph of this person.

In this instance, the candidate is a public figure. You may indeed use their image/likeness in a campaign attack ad. Of course, you can't use their image/likeness in a ad with them promoting a product, selling ketchup or Hondas, of course... but in a campaign attack ad, yes you can.

That's one thing. The actual photo is another. You technically can't use that photo without securing the rights to that photo... which will reside with the photographer or whomever else actually owns the rights to that photo.

The political handlers who do this right will typically provide their own unflattering photos of opposition candidates for attack ads. They'll often take them themselves, going to rallies or community events and shoot the photos in these public places. We've never been asked to go take these pictures, but we've certainly been provided with plenty of them.

Now, all that being said, while lifting the photo from another website is technically stealing (theft of the rights, not of the likeness), nonetheless it HAPPENS ALL THE TIME. Capital letters. HAPPENS ALL THE TIME. From a local dog catcher race in rural Nowheresville all the way up to the biggest national races, it still happens all the time. Even though there is no legal basis for it, or any kind of actual loophole, people seem to take free reign in doing this... for political spots. Political spots seem to have their own set of "anything goes" unwritten rules. As long as that correct disclaimer is only there for the appropriate five seconds, few other things will be questioned. I've NEVER heard of any repercussions from anyone lifting opposition photos.

I've certainly had it happen to me plenty. We've often had footage from our own political commercials appear in an opponent's attack add. It's really par for the course. The only time it really bugged me was when it was footage that contained quite a few paid actors (all represented, and some union). But nothing was done about it.

We try to never do this ourselves... but I can't say it has never happened.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com



Return to posts index

Richard HerdRe: Political Attacks ads
by on Sep 25, 2014 at 6:36:35 pm

[Todd Terry] "You technically can't use that photo without securing the rights to that photo... which will reside with the photographer or whomever else actually owns the rights to that photo"

That's what I explained. Thank you. And if it was a work for hire agreement, then who owns the photo? The politician being attacked! Which seems very dubious that permission would be granted. This particular race is between judges.


Return to posts index


Todd TerryRe: Political Attacks ads
by on Sep 25, 2014 at 6:43:58 pm

[Richard Herd] "...seems very dubious that permission would be granted."

Nope, permission would never be granted. BUT (and not that I'm advocating this), nothing would ever be done about it either.

That's falling squarely into that "it's political so anything goes" category. And while I've never ever heard of any backlash over that, it still "don't make it right." But it happens. Lots of things "just ain't right" in politics.

Although some of it is unseemly, I do love love love doing political work, though. They never care what anything costs ("Just get it done! Now!"), and thanks to our election laws they have to pay fast so invoices are never aging. My favorites are nice pretty image spots done for good candidates that we honestly believe in... but we've done plenty of attack ads, as well. Actually, some of those were pretty fun, too :)

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com



Return to posts index

Richard HerdRe: Political Attacks ads
by on Sep 25, 2014 at 6:53:10 pm

[Todd Terry] "nothing would ever be done about it either"

Why is that? Do candidates just take their lumps and move on? Or maybe I'm so low on the totem poll no one sees me. They aim their ire at campaign managers etc -- not the video schlep.

Thanks!


Return to posts index

Todd TerryRe: Political Attacks ads
by on Sep 25, 2014 at 7:07:55 pm

[Richard Herd] "Do candidates just take their lumps and move on?"


Yep, it just seems to be part of their cost of doing business.

It has nothing to do with your position on the totem pole. I'd bet you a nickel that even the highest poobahs in the campaigns or their political consults never get a moment of grief about it from the other side. It's not right, but it's so soundly in the "everybody's doing it" territory that it is just ignored.

The only ONLY time I've EVER heard of any backlash was when Shepard Fairey used an AP photo to create the iconic Obama "Hope" poster... and this was a different situation because it wasn't an opponent crying foul, but the rights-holder...



...and this is one instance that one would have been completely overlooked, if it hadn't been such a beautiful piece of work and become such an iconic image. If the rights hadn't been owned by the AP, probably nothing would have ever come of it.

Other than that, I've never heard anyone make a peep of noise about it. It's probably happened, but certainly isn't the norm.

Again, I'm not saying it's right (it isn't). Just how it is.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com



Return to posts index


Nick GriffinRe: Political Attacks ads
by on Sep 26, 2014 at 7:05:25 pm

[Richard Herd] "Do candidates just take their lumps and move on?"

I haven't done political spots in many years, but what I do remember is that election laws are so broadly protective of what's said in the spots that one could literally drop the F-bomb and the broadcast outlets would HAVE to air it.

As to getting paid, money up front was always a given. We were the agency so someone from the campaign had to have a checkbook with them to pay us immediately when services were rendered. And we ALWAYS had to pay the stations in advance. Period.

What I miss is the abundance of money and, unlike almost all of the companies we work for today, the campaigns had no choice besides spending it. Business owners can always rationalize that they can cut marketing and pocket the cash. Politicians can't (unless they want to be sharing a cell with Jesse Jackson, Jr.).

What I DON'T miss is, in the final weeks, the URGENT 1:00AM calls to create a brand new spot that had to be on the air the next morning.

As an example of how crazy this can be, the Clinton (Bill, not Hillary) campaign had one of the best announcers in the Washington/Baltimore market on a HUGE six-figure retainer so he would ALWAYS be available for those 1:00AM, 2:00AM, 3:00AM calls. He was and they did call many, many times based on shifting polling issues.


Return to posts index

Todd TerryRe: Political Attacks ads
by on Sep 26, 2014 at 9:53:48 pm
Last Edited By Todd Terry on Sep 26, 2014 at 9:56:30 pm

[Nick Griffin] "What I DON'T miss is, in the final weeks, the URGENT 1:00AM calls to create a brand new spot..."

LOVE that! You're in "name your price" territory, there :)

My most urgent one like that was turned around in about 5 hours, from the first midnight telephone call and concept... to seeing it on air. On film, no less. I was tired, but we sent them a bill that would gag a horse.

Those "urgent" political spots are actually what sparked our move to HD several years ago, even though no one was actually airing HD here yet. We had previously shot most higher-end politicals on 35mm, but urgency (or perceived urgency) started to preclude that. But the clients still wanted the film look, they just couldn't wait on it. That's right about the time that it was first becoming technically possible to shoot digitally but keep the film look (true 24p shooting, with a P+S Technic converter, and later with big-sensor camera). We haven't shot a frame of film since. The 16mm and 35mm cameras have long been sold... although recently I noticed a couple of drawers in the fridge are still full of filmstock.

There's also a mystery Tupperware container in there that I'm not about to open.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com



Return to posts index

Mark SuszkoRe: Political Attacks ads
by on Sep 25, 2014 at 6:43:25 pm

Why this is important is, if you give your client's rivals ANY flaw in the spot you make, concerning legalities, they can file complaints that could get the spot pulled of the air, where it helps no one, and may hurt your candidate's reputation... the opposite of what they are paying you for.

The candidates these days are followed by youngsters with cameras and camcorders known as "trackers": They wait at every public event to try and catch the candidate misspeak or lie or do something else embarrassing. They roll tape which the operatives then step-frame through until they can find the goofiest-looking momentary expressions.

Another technique they use is to grab public domain footage from events like inaugurals, which the government entity itself often shoots and must give up when asked. Such spots are currently running in a downstate Illinois congressional race. They got their footage from either a local TV station or stringer covering the event, or from the legislature's own master files.

It has been said before here, but I think it is good advice: if you are working these kinds of jobs, it is always cash on delivery: do not accept net 30 days terms. You don't ship a spot until you get paid, no matter how much they scream.


Return to posts index


Todd TerryRe: Political Attacks ads
by on Sep 25, 2014 at 7:08:51 pm

Of course, it's always good to get as much money as you can, as soon as you can.

They only time we ever had trouble with a political bill getting a little late was once when working for a candidate himself, directly.

We've never had a lick of trouble otherwise, as most of our work is for ad agencies or political consultants. With those we bill our usual net/30, but I can't recall a political spot ever taking longer than 5-7 days to get paid.

The good news is that the jobs get bigger, faster, and more urgent the closer you get to election day... and when the date is really close if a campaign is really aggressive, then that's when they especially move into "no matter what it costs" territory. And since federal election laws require than the books be settled by election day, there's no waiting to get paid.

But yeah, for an individual candidate who is a direct client, get your money upfront.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com



Return to posts index

<< PREVIOUS   •   VIEW ALL   •   PRINT   •   NEXT >>
© 2017 CreativeCOW.net All Rights Reserved
[TOP]