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  1. #1
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    Your thoughts on lying in marketing?
    I'm working on a website, and I was curious what others thought about lying?

    Now, I don't mean down right lying about a product. Not even the lying fast food places do about their food on TV. Looks great, but when you buy it, it has about half the meat.

    I plan to be honest about everything regarding the product and the information I'm giving, but if my memory serves me, I believe there have been studies that show people usually trust an "attractive" person more. So I was thinking, what if I added a picture of an attractive person (would have a contract, etc), and have a little note/caption of the person giving a brief intro and welcome (as if it is their website). Add a more personal and welcoming feel, I think.

    But.. would that be wrong to do? Could it get me in any legal trouble? I know someone could whois the domain and they'd see a male name as owner. Would it be a bad newbie mistake, or just part of the business, trying to make a product look as appealing as possible?

    If this is bad thinking, feel free to me good. I'm still learning.

  2. #2
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    Having a model promote your business is not lying.

  3. #3
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    Quote Originally Posted by Snowman
    Having a model promote your business is not lying.
    Oops, sorry if I didn't explain myself well. I'd have it looking like the model is the one who made the website, and is the one running the business. Although, it's more just an information and content website, that would direct people to a merchant if they decided to go.

    So was thinking, the website might feel more welcoming if there was an attractive, trusting face saying welcome to my website, or something like that, LOL.

  4. #4
    Affiliate Manager Alan Hamilton's Avatar
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    Quote Originally Posted by Hardaka
    what if I added a picture of an attractive person (would have a contract, etc), and have a little note/caption of the person giving a brief intro and welcome (as if it is their website).
    I'd say call my agent and we'll see if I am available for a shoot...
    Join the Spicy Aprons Affiliate program on ShareASale Visit us on Facebook www.facebook.com/spicyaprons Follow us on Twitter @Spicyaprons

  5. #5
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    I'd find it annoying regardless of whether it was the site owner or anyone else. I find those kinds of sites unprofessional. A website is not TV.

  6. #6
    What's the word? Rhia7's Avatar
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    You better make sure you have that model's permission to use her/his image to promote your business.

    There's an issue called "Right of Publicity." If you use someone's likeness to promote your online business without permission, you could get into trouble.

    Even from a "stock photography" or "royalty free" site, the webmaster needs to read the fine print and permission from the photographer and model (from a model's release) needs to be obtained.
    You have to use the usage requirements very carefully for the use of each photo. As an example SXC.hu, a stock photography site, will often say:
    You may not use the Image

    * For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, sociteties, cultures.
    * To endorse products and services if it depicts a person.
    * In a way that can give a bad name to SXC or the person(s) depicted on the Image.
    * As part of a trademark, service mark or logo.
    * SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!

    Always ask permission from the photographer if you want to use the Image

    * In website templates that You intend to sell or distribute.
    * For creating printed reproductions that You intend to sell.
    * On "print on demand" items such as t-shirts, postcards, mouse pads, mugs (e.g. on sites like Cafepress), or on any similar mass produced item that would contain the Image in a dominant way.

    Information on rights

    Since SXC does NOT require a written Model Release for each Image that has identifiable people on it, We cannot guarantee that you will be able to use the Image for any purpose You like... [source]
    In addition, the photographer and/or model can add further stipulations and might demand payment if you use certain images.

    My advice is to only use photographs with unrestricted permission or to e-mail/get in touch with the photographer to see if you can use the image.

    You can create your own talking avatar/figure from a service such as sitepal.com.
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  7. #7
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    You could just say Welcome To The Site or just Welcome with the person you want to use.

  8. #8
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by Trust
    You could just say Welcome To The Site or just Welcome with the person you want to use.
    Gee, I wonder how far a webmaster could get with using Paris Hilton's photo?
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  9. #9
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    Alan Hamilton, LOL. :P

    Snowman, thanks for the input.

    Rhia7 -> Thank you, you answered one of my other questions about stock photo websites. Although, I think I must be doing a horrible job with what I'm trying to explain..

    It wouldn't be a talking photo or something like that. Just a picture, with a few words along it's side, maybe going over part of it. My goal with the website, is to provide information for people on a certain subject. Not pushing any products, but I believe people who need the product would be searching for this information (would link and mention the product though). So I thought maybe, having someone claiming this was their website, might make people feel more at ease? Because the information is about something that could be unnerving for some people.

    Ugh.. sorry about the vagueness, LOL.

    I do actually have some friends who model, and one was telling me all about the permissions needed and stuff. No not bragging, they aren't single.

    Trust -> Yeah, I'm thinking of that too. But I thought I'd ask if there could be any legal issues with claiming this person is the one giving the info/advice, and not me, LOL.

    Edit: I don't see Paris Hilton helping, rofl.

  10. #10
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by Hardaka
    So I thought maybe, having someone claiming this was their website, might make people feel more at ease? Because the information is about something that could be unnerving for some people.
    It's one thing to have a small image of someone on a site or blog, however, do not try to imply that that person is the webmaster or is involved in your website.

    In Jarvis v. K2 Inc. (April 30, 2007), the Ninth Circuit held that a retailer’s use of collage advertisements containing copyrighted photos was not covered by the “collective works” privilege and, thus, the retailer could be liable for copyright infringement. [source]
    ~Rhia7 -- Remember the 7
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  11. #11
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    Rhia7 -> But what if you have the model's permission to use their image that way, and the permission of the photographer to use their photo? That would cover and problems with copyright, yes?
    do not try to imply that that person is the webmaster or is involved in your website.
    Given what I said above, this would still be bad to do? Would that fall under false advertising? Not saying I will, still thinking of what I will do, but if an idea will get me in legal trouble, don't want to waste anymore thought on it.

  12. #12
    What's the word? Rhia7's Avatar
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    Hardaka, the problem is with association.

    Have you heard about child television and movie stars who could not get acting jobs after they had passed puberty? Why was that? It's because they were associated with a certain show [in a child role] and people had trouble visualizing them in adult roles. Many adult actors/actresses wish they were not associated with the child roles that made them celebrities -- just ask Leif Garrett or dozens of actors/actresses who find themselves stuck in an association but they'd like to move on.


    The model and photographer might give you permission or you might have paid for a set of delineated/specific rights to the photograph and you would have to follow accordingly.

    It is one thing to place pictures on various locations of your site/blog, it's quite another thing to actually suggest a close association between the model and the website (as if it were the model's site). To say it is the beautiful girl's actual site is creating a strong association. You have to get such permission in writing.

    You have to think if the person is not closely related to you by kinship or friendship (or even if they are) if that person wants to be strongly associated with your site? Millions of people might hit your site and they might start to associate the model (if there is a strong association) with the products you sell/ with your site. Does the person want to be strongly associated or perhaps the person only wants her/his images on a few pages without the connection that she/he might be the webmaster/owner.

    What if you decided to create a website dedicated to Roach Killing Spray and you thought you might sell more cans of Roach Killer if you had pictures of a pretty girl? How would the model feel? [I know you are not doing this, but I'm just illustrating potential association]
    Last edited by Rhia7; July 23rd, 2007 at 12:26 AM.
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  13. #13
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    Okay, thank you, believe that answers my question. Sorry, I think I ramble too much when trying to ask questions, don't I?

    So, if one has gotten all the written permissions, it's safe, and no need to worry about being sued for false advertising or something like that? Although, I'm thinking of just tossing the idea now, anywho. Seems for the better.

  14. #14
    The Seal of Aproval rematt's Avatar
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    Quote Originally Posted by Hardaka
    I believe there have been studies that show people usually trust an "attractive" person more.
    Forget the studies. You can find one to support just about any position that you want. I think people tend to trust people that they can relate to. That might very well mean people like you and me. While it would be cost prohibitive to use my likeness on your site, what's wrong with using your own (unless of course a specific gender must be used)?

    I actually do like sites that have a picture of (what I believe) is the site owner. It does give it a more personal touch and I sometimes tend to trust the site more (maybe foolishly). However seeing a model on a site really doesn't have the same effect on me (not that I don't enjoy looking at them).

    So throw your mug up there and let your visitors know who you are.

    -rematt
    "I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant." - Richard Nixon

  15. #15
    What's the word? Rhia7's Avatar
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    You could create a character -- Alex Bet is good at creating logos & cartoons.
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  16. #16
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    While it would be cost prohibitive to use my likeness on your site, what's wrong with using your own (unless of course a specific gender must be used)?
    While I don't think I'm bad looking, I don't think I turn out well in pictures. There is also the issue of being a bit on the shy side, LOL.

    Rhia7, thanks for the info! Don't think that'd work with my product, though this thread has given me better ideas now, I think. Also think I just needed a thread to discuss something in while I worked with html.

  17. #17
    What's the word? Rhia7's Avatar
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    Jakob Nielsen predicts "image blindness"
    Interview with Jacob Nielsen

    I would really say tweak it such so that you only put it up when you’re really sure that it’s a highly relevant good image. If there starts becoming that there are too many images, then we start seeing the obstacle course behavior. People scan around the images, as they do on a lot of corporate websites, where the images tend to be stock photos of glamour models that are irrelevant to what the user’s there for. And then people involve behavior where they look around the images which is very contrary to first principals of perceptual psychology type of predicting which would be that the images would be attractive. Images turn out to be repelling if people start feeling like they are irrelevant. It’s a similar effect to banner blindness. If there’s any type of design element that people start perceiving as being irrelevant to their needs, then they will start to avoid that design element.
    [source]
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  18. #18
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    Thanks Rhia7.

    Definitely will try to avoid that! Since my product is more a service, there really isn't images that can be put up of the product, so I thought an image or two near the top might help, since it'd mostly be text, LOL.

  19. #19
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by Hardaka
    Rhia7, thanks for the info! Don't think that'd work with my product, though this thread has given me better ideas now, I think. Also think I just needed a thread to discuss something in while I worked with html.
    There's usually a model's release plus stipulations from the photographer.
    Get in touch with the photographer (often this can be through e-mail) and negotiate. If you are dealing with a picture of a very attractive woman, payment might become part of the deal. Plus you'll have to follow whatever the agreement is.

    Sometimes you'll be lucky and the photo will be put into the public domain without restriction (this type is usually of things not people, but you never know) -- but always read the fine print!
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  20. #20
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by Hardaka
    Thanks Rhia7.

    Definitely will try to avoid that! Since my product is more a service, there really isn't images that can be put up of the product, so I thought an image or two near the top might help, since it'd mostly be text, LOL.
    What about abstract art or something like that?

    What about a picture related to your service?

    Home insurance -- a house
    Guitar Tuning -- a guitar
    Lemonade stand -- you get the idea

    Many services are also know by symbols [i.e. medical]
    http://images.google.com/images?q=me...mages&ct=title
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  21. #21
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    What about abstract art or something like that?
    Yeah, that is true too. I think right now I should just worry about getting all the text done, then what type of art or images to add? Seems like that might be easier.

  22. #22
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by Hardaka
    Yeah, that is true too. I think right now I should just worry about getting all the text done, then what type of art or images to add? Seems like that might be easier.
    Or just a pleasant use of colors worked into your web design

    I like to use this:
    http://www.colorschemer.com/online.html

    There are other very good color generators "out there" too.
    In fact you can search ABW for posts on color.
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  23. #23
    ABW Veteran Mr. Sal's Avatar
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    So, if one has gotten all the written permissions, it's safe, and no need to worry about being sued for false advertising or something like that?
    .........or something worse......

    Just imagine you use the photos of a very beautiful female , and down the road you start getting a lot of single rich male visitors, spending a lot of money on on your website because they think that the owner of that website looks hot, and maybe she's single, divorced, widow, or just available for lunch.



    If this is bad thinking, feel free to me good.
    Now imagine how would you feel if one day "You" go to a nightclub and spend a lot of money there, because you may want to impress a hot looking woman on that place, how about just buying "Her" some drinks to start the communications from first base and..................... later that night, or worse the next morning, you discover that she-was-a-he!

    Now you can think about it again!
    ....................




    .

  24. #24
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    Thanks again Rhia7.

    LOL, that's a nice way to look at it Mr. Sal.

  25. #25
    Life is Supposed to be Fun! Rexanne's Avatar
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    My personal opinion is that a web site doesn't need a pretty person to sell anything. Web sites pretty much stand alone.

    I don't know one successful affiliate who has resorted to planting a pretty face on their site to help sell stuff. You'd be better off hiring a copy writer to entice your visitors to buy whatever you're selling.
    Peace,

    Rexanne

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