The advertising, marketing, and promotional industry is undergoing major changes. Web-based and mobile technology created unprecedented distribution channels, and the nature of advertising has changed from the traditional print, radio and television monologue to conversations on social media, mobile messaging platforms, wireless interactions and augmented reality experiences. Online behavioral marketing, geo-location targeting, native advertising, in-game product placement, SMS promotions, viral blogs, and user-generated content are part of our everyday experiences.
Consumers are taking more control over how, when and where they view content, challenging advertisers to place advertising where it will have the greatest chance to be seen and perhaps the greatest likelihood of eliciting a response. As a result, native advertising, branded entertainment, online-in-game product placements and programmatic buying are proliferating in an attempt to capture more ‘eyeballs’ and data about the consumers to which they are attached.
Regulators have not been blind to these changes, as laws and regulations that may have applied in the last millennium are either outdated or irrelevant – so new ones are being created to fill the vacuum. Promotional techniques such as celebrity endorsements, consumer and expert testimonials have been made subject to these new regulations. At the same time, advertisers, ad agencies and ad publishing networks are at odds over click-fraud and transparency in a world where suspicion has begun to creep into the previously unassailable trusted relationships amongst the players in the industry itself.
This course, presented by Joe Rosenbaum, a partner at Rimon, P.C., will review the basic principles of advertising law as they relate to these new technologies, platforms and distribution channels, and will explore the latest trends in advertising, marketing and promotions, the changing landscape and issues confronting the advertising industry and some of the corresponding legal and regulatory responses and requirements.
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