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THE TRAP OF LIVE ENDORSEMENTS.
By: Walter Sabo
When you endorse a product and recommend the product you may be responsible for the performance of that product.
The first major legal case regarding the media’s liability for product performance was in the 1960’s when Dick Clark was sued for his endorsement of a pimple cream’s effect on one user. It tested both the medium and the spokesperson. As I recall, both lost the first round of that case. (I learned it my first semester at the Newhouse School of Communications at Syracuse University.)
How would you do?
First, let’s clarify that a “live read” is not a “live endorsement.” Live copy sounds great on a talk station, gives you a chance to show your selling skills and have warm bonding with the sales department. (Always good for a free meal.) A live “endorsement” is never a good idea.
• It’s a bad idea for the station. The station is liable for the performance of the live endorsement. That’s why smart General Managers like New Jersey 101.5’s John Dziuba never allowed them.
• It’s a bad idea for you. You’re liable. Plus your image suffers every time the product disappoints a listener---whether they sue you or not.
• It’s heroin money. Many a host will scream that they don’t like the live-endorse but, “hey” it’s $50.00 bucks a read. Wo-wo. Putting together a 4 hour live content, original broadcast daily is plenty of reason for you to demand a raise to cover your losses from shedding the risk of a live-endorse.
• It’s a bad idea for sales. Who’s the boss? In every situation involving live endorsements, the result is misery and discontent.
1. The moment one advertiser gets a live read endorsement, all retail advertisers want it.
2. The advertiser becomes the de facto boss. Suddenly sponsors have access to the hosts. They have ‘ideas’ about the show. They forbid time changes. They block firings. They demand more---remotes, promotions, freebies, make-goods.
3. Advertisers control the pay scale and bonuses. At one station, a host was given a car to drive in exchange for an endorsement. Another host on the station, also driving a sponsored car, became furious that his car wasn’t as good as his co-worker’s. Imagine, managing show-prep sessions while coping with who has cruise-control.
4. The PD becomes a collection agent. It’s a horror when the PD wants to meet with a host to go over his performance and the host retaliates with, “When am I getting paid by Gary Fronranth’s Chevrolet?”
In the worst case scenario, there have been many talk stations including WIOD Miami and WWDB FM Philadelphia that were seriously damaged and forced to change format as a result of the economics and political dynamics of live-endorsements and paid-for programming. It’s a practice that experience proves cannot be endorsed.
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