2005LateNight

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Information about 2005LateNight
Education

Published on March 19, 2008

Author: Sibilla

Source: authorstream.com

Slide1:  Celebrating 50 Years!!! Presented by: J.C. Patrick, NPR John Crigler, Esq. Cathy Ives, DEI “Late Night Copy” Celebrating 5 Years!!! “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … California Medical Center, offering state of the art cancer treatment, with the state’s only robotic surgical system for minimally invasive surgical procedures. On the web at californiamed.com. Medical and health-care spots often raise questions related to jargon. You may have to determine if particular terms have a specialized meaning in the field. Here, if the underwriter is a for-profit, you’ll have to consider "state of the art" and "minimally invasive.“ Unless you are persuaded those terms have an accepted, neutral meaning in the medical profession, they should be disallowed. The word "only" is permissible if it means "sole source," not if it means "exclusive" in a qualitative sense. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … MegaCorp, striving to be a leader in the strategic economic development of southern California. MegaCorp has supported the growth of the U.S. economy with capital investments exceeding 5 billion dollars and the creation of over 20,000 jobs. MegaCorp, enhancing the quality of life in the communities that we serve. We do not have any FCC rulings on “aspirational” announcements where the underwriter tries, strives or hopes like hell to deliver some qualitative service. While the lack of rulings still provides some latitude, the word “leader” in the first sentence has a comparative or qualitative quality, which the FCC would probably find promotional. The last phrase is hard to justify either as a neutral description of the underwriter’s business or as a logo. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Ghiradelli Chocolates, manufacturer and marketer of premium chocolate products since 1852. Chocolate bars come in various sizes and flavors, including mint, milk, dark, milk with caramel, milk with almonds, milk crisp and more. A portion of the profits from the Pasadena location will be donated to KCRW this month. How much description is too much? The FCC hasn’t given specific guidelines, but it recently fined a station for a spot that listed all the Spanish language channels on a cable system. Here, the list of flavors seems excessive. An offer to donate a portion of the sales to a nonprofit will be viewed as an inducement to buy. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Budget Bicycles, supporting a community in motion. 2750 Colorado Boulevard in Eagle Rock. For more information, 323-254-4160 or on the web at cheapbikes.com. Are business names always “neutral”? Generally, names and addresses are considered descriptive even if they connote price (“Budget Bicycles”), but be skeptical of website addresses that sound promotional (“cheapbikes.com”). Check the site to see if it is the home page or a special sales page, as this one could be. The description of the underwriter’s business is vague (“supporting a community in motion”), but does not induce patronage or make claims about specific products or services. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Visa, the official sponsor and preferred card of the San Francisco Symphony. Visa - It's everywhere you want to be. . The FCC frowns on “twofers,” particularly when they make it difficult to determine whether two or more for-profit entities are each underwriters. Here, there’s little doubt that Visa, not the S.F. Symphony, is the underwriter or that the Symphony is a non-profit. I would investigate the word “preferred.” It sounds like an endorsement by the Symphony, not a type of credit card. If so, the word should be deleted. The last phrase is allowable if it is an established logo. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … KXXX invites you to join us as we experience Paris in the spring. The Champs-Elysees, the Louvre, Notre Dame, sidewalk cafes – they can all be yours to savor. We fly to New York on March 15, then wing our way to the City of Light! For a tour brochure, please contact John Doe at 222-555-1111. Is this an underwriting announcement or a plug for a station event? The answer depends on the arrangement between the station and the travel agency booking the tour. If this spot “directly benefits” a for-profit, it will be considered an ad even if the for-profit isn’t mentioned. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … West Coast Clinical Research, seeking women 25 – 49 years of age for diabetic clinical trials. Patients must be non-smokers and have a family history of diabetes. Each participant receives a small monetary award in addition to any medication provided. For more information, 818-776-0820. Are spots for clinical trials a recruitment ad or a description of a certain kind of business? There are no rulings on point, but a strong case can be made for treating such an underwriter as being in the recruitment business, very much like an employment agency. The “small monetary award” clearly refers to price, but it is debatable whether it actually promotes the service offered. There’s no doubt that the spot would be safer without the price term. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. …. Bank of the West. We’re not just bankers, we’re business advisors -- here to help guide your finances through the challenges of every life stage. Offering a range of financing options and personalized service for your loan needs. Bankofthewest.com. References to money are usually taboo in underwriting circumstances, but what else can a bank talk about? Does the phrase “personalized service” refer to personal as opposed to commercial accounts or is it puffery? Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Mrs. Cleaning, the best maid service company in San Diego. Fully insured, bonded and licensed. Our maids are honest, reliable and trustworthy, and quality is our priority. Free quotes by email at mrscleaning@ureach.com. Apply Mr. Clean to this one. It’s loaded with qualitative terms (“best,” “honest,” “reliable,” “trustworthy”), price terms (“free quotes”) and inducements (“fully insured bonded and licensed”). Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Hotel California, congratulating Rotary International during its Centennial celebration, and recognizing the 5000 Los Angeles Rotarians who have provided services to our community for 90 years. Risky, but defensible. The announcement says nothing directly about the underwriter, but does not promote its services or those of another for-profit business. It seems clear that Hotel California, not Rotary International, is the underwriter. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Once Upon a Story, offering books for infants through teens. This month’s featured selection is “Rough Weather Ahead for Walter the Farting Dog,” the third book in the series for children ages 5 – 8. Once Upon a Story, 740 East 4th Street in Long Beach. Can underwriting be indecent? Sure you want to be the one to find out? Underwriting fines are usually modest. Fines for indecency start at $7,000 and quickly jump to $32,500 if children are targeted. I’d be curious about the meaning of “featured selection”. If this is code for a discount, the phrase should be deleted or modified. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … KXXX invites you to join us as we celebrate the 50th anniversary of Disneyland! We’ll be on Main Street this Saturday from noon to three. Just look for the giant Mickey balloon and come on over for free ice cream and a chance to win some great prizes. Don’t forget to wear your “ears”! Remotes are high risk. The FCC scrutinizes underwriting that is combined with a remote, and views with skepticism the argument that such remotes are station events. The calls to action (“come on over”), “great prizes” and “free” ice cream all look like inducements to patronize Disneyland. The FCC has fined stations for announcements similar to this one. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Morning Edition, supported by Knotts Berry Farm where Mrs. Knotts’ fried chicken dinners have been served to park patrons since 1928. Knotts Berry Farm is committed to supporting quality public radio, which enhances the quality of life Californians hold dear. On the web at knotts.com. A halo effect with a halogen bulb. This announcement wants to portray the underwriter as a devoted supporter of public broadcasting and an equally devoted provider of fried chicken. Weird but not promotional. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Dr. Robert Rey, a pioneer in the revolutionary no-visible-scar breast augmentation procedure. Dr. Rey also specializes in breast reductions, lifts and procedures to correct breast asymmetry. On the web at drrobertrey.com. Controversial businesses make controversial underwriters. Dr. Rey is into breasts, so if that will offend your audience, you may want to decline the underwriter. What would concern the FCC is Dr. Rey’s augmented ego. The self-promotion (“pioneer”) and qualitative language (“revolutionary”) should be nipped and tucked. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … The Getty Museum. The museum’s spring gala will benefit the Getty Villa in Malibu, which will open in the spring of 2006. For ticket and corporate table information, 310-440-7330. FCC rules prohibit the paid promotion of “for-profit” entities, and do not prevent stations from promoting other non-profits (so long as regularly scheduled programming isn’t interrupted. IRS rules do apply to other non-profits, however; so unless it is worthwhile to segregate revenue from promotional non-profit spots and pay applicable taxes, most stations make non-profits play by the same rules as for-profits. This announcement stops short of promoting the non-profit or its event. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Grauman’s Chinese Theatre, featuring a summer movie series of Academy Award-winning productions. The series runs throughout the month of July. Features and showtimes are on the web at manntheatres.com. The subtle issue here is similar to that between fine dining (allowable) and mighty fine dining (not). Ordinarily, the FCC regards awards as a form of qualitative or comparative language. The awards here, however, could be defended if they were used as a principle of selection: for example, if the series was not recent, highly acclaimed movies, but a retrospective of movies that had won academy awards in the past. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Kanner Architects, specializing in commercial and retail architecture. Builders of Puma Sportswear stores nationwide, the Men In Black theme ride in Orlando and the Bullocks/Westwood building in Los Angeles. A complete list of projects is on the web at kanner.com. At first blush, this announcement seems to violate the taboo of mentioning for-profits that aren't underwriters. But does it? How else could an architect identify the “Puma Sportswear stores” he designed? Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. ... Dr. Aaron Stone, plastic surgeon, dedicated to providing the best care possible. Certified by the American Board of Plastic Surgery. Accepting all major insurers including Blue Cross and Cigna. On the web at aaronstonemd.com.7/5/200519 Dr. Stone may, in fact, be dedicated and certified, but the truth of those statements does not negate their promotional qualities. Similarly, the fact that Dr. Stone is accepted by certain insurers, would probably be regarded as an invitation to use his services, not a description of those services. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … KXXX is offering a screening of the new movie, “Bewitched” this Wednesday at Landmark Theatres. KXXX listeners can pick up tickets at any Barnes and Noble location throughout the LA area. Is this an underwriting announcement? If either Landmark or Barnes and Noble have provided consideration in exchange for the announcement, the announcement fails to identify them as underwriters. If the station’s relationship with Landmark and Barnes and Noble is arms-length (e.g., the station has rented the theater, or use of the theater has been donated with no strings attached) the references can be defended as forms of identification. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Angel Aware, psychic medium. Services include private readings by phone or in person…readings for parties or corporate gatherings…psychic awareness mini-workshops…and past life readings. On the web at angel-aware.com Many stations only accept underwriting that is consistent with their educational and cultural missions. If psychics don’t satisfy that test, the station would decline the underwriter. How could a rejected psychic claim surprise? Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Coldwell Bankers Previews International Homes. Since 1933, Previews International has represented the finest in luxury real estate, including castles, estates, palaces and even South Pacific Islands. For a Previews marketing consultation, contact your Previews representative at previewsestates.com. The FCC has said that identification may become promotional through repetition, but has not quantified that principle. Listener exhaustion may be one guide. At the beginning of the announcement, I wasn’t sure who Previews was. By the end, I didn’t care. Does “luxury real estate” mean something besides “expensive”? Make the underwriter satisfy you on that point. Unlike the doctors in the Nexium spot, these consultants are likely to sell you something - not just give you information. Be leery of inviting listeners to “contact” them. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … ReMax Hollywood Hills, member of RELO, the national relocation real estate network. Dia and Ray sell approximately 75% of the homes in the Hollywood Hills area, and will donate a portion of their commission to the Children’s Miracle Network in the buyer’s name at the close of escrow. For more information, (323) 461-5743. Who is the underwriter? Remax, Dia and Ray, or RELO? Is this a co-op spot? It’s hard to say. The claim that the underwriter sells more homes than anyone else and promises to donate a “portion” of commissions are attempts to distinguish the underwriter from competitors. These claims should be deleted. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … the Santa Monica Playhouse, presenting a benefit performance of Eve Ensler’s “The Vagina Monologues” this Saturday night. Proceeds benefit a host of non-profit organizations working to end violence against women and girls. OK if the Playhouse is a nonprofit. Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. …This traffic report is brought to you by MegaCorp, providing support to the entertainment industry for over 40 years. The productions created in Southern California lift the spirits of movie-goers around the world. More information at 800-555-1212. Is this an issue ad? It does not promote the underwriter, but does make claims about the underwriter’s clients. Are the spirit-lifting properties of California entertainment so insipid that they do not constitute a matter of public importance or interest or too Californian to be considered the expression of a “view”? Click for Comments “Our programming is supported by our listeners and………….:  “Our programming is supported by our listeners and…………. … Joan Grable, one of the featured landscape designers on Home and Garden Television. Her company, Park Slope Designs, offers residential and commercial design, specializing in courtyards and custom gardens. Layout plans on the web at parkslopedesign.net. The reference to HGTV is problematic. The credit is used like an award, to establish Joan’s expertise and panache, not to describe the services she offers. Click for Comments THANKS!!!!!!!:  THANKS!!!!!!!

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