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  • Spokesperson and using actor stand in

    I got a doctor to endorse my product. Unfortunately the pics he sent me, the guy has a bit of a Dr. Lecter vibe.

    Anyone know if legal to use a pic of a stock photo doctor and this guys name?

  • #2
    Originally posted by jalexander View Post
    I got a doctor to endorse my product. Unfortunately the pics he sent me, the guy has a bit of a Dr. Lecter vibe.

    Anyone know if legal to use a pic of a stock photo doctor and this guys name?
    Congrats!

    Could you share how you structured your deal with the doctor and how you found one that was open to the idea of using their face on your product?

    I think all would appreciate any insight

    Comment


    • #3
      I actually found low-balling worked best. People either don't believe $x,xxx offers or they think its dodgy.

      Plus lots of people say yes, yes, yes and then balk when they see a simple, honest contract. So scatter-gun approach works best.

      Comment


      • #4
        Originally posted by jalexander View Post
        I actually found low-balling worked best. People either don't believe $x,xxx offers or they think its dodgy.

        Plus lots of people say yes, yes, yes and then balk when they see a simple, honest contract. So scatter-gun approach works best.
        Awesome!

        So you end up just contacting many doctors or professionals in the correct field and just ask to use their likeliness on your website and products for a 1-time fee? Reason I ask if 1-time only or not is because if you do it right, they will most likely end up see their face on a sales page, vsl, etc, or do you let them know they will probably end up popular? lol.

        Would really love to hear how a deal like this is usually structured.

        Comment


        • #5
          Yes one time fee only. I sort of pitched it in stages.

          Stage 1. You'll be added to our website on the expert panel / medical adivsory board.

          Stage 2. Your likeness may also be used in marketing materials.

          Stage 3. In the contract: exclusive, strong non-disparagement clause, five year term.

          edit: with one of them I even added a $10,000 fine if either party disparages. That blew it with that doctor, so can't recommend going that far. I think disparagement is your major risk though.
          Last edited by jalexander; 08-05-2016, 10:26 AM.

          Comment


          • #6
            Originally posted by jalexander View Post
            Yes one time fee only. I sort of pitched it in stages.

            Stage 1. You'll be added to our website on the expert panel / medical adivsory board.

            Stage 2. Your likeness may also be used in marketing materials.

            Stage 3. In the contract: exclusive, strong non-disparagement clause, five year term.

            edit: with one of them I even added a $10,000 fine if either party disparages. That blew it with that doctor, so can't recommend going that far. I think disparagement is your major risk though.
            Got it, that makes sense.

            So you don't talk about the marketing portion until you even get an answer about the first part on just the website, sort of like a trip wire

            As far as the non-disparagement clause of either party, couldn't the "either" put you in trouble if say the doctor ends up getting arrested for something wild and crazy where it could ruin your reputation?

            I understand if you don't want to but I'd even be willing to pay you to see your initial email setup so I can get an idea of how you successfully land the doc. Do you call or email, meet in person? These small details would be tremendously appreciated! I'm learning as I go with this road haha.

            Thank you in advance


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            • #7
              Originally posted by tc89 View Post

              Got it, that makes sense.

              So you don't talk about the marketing portion until you even get an answer about the first part on just the website, sort of like a trip wire

              As far as the non-disparagement clause of either party, couldn't the "either" put you in trouble if say the doctor ends up getting arrested for something wild and crazy where it could ruin your reputation?

              I understand if you don't want to but I'd even be willing to pay you to see your initial email setup so I can get an idea of how you successfully land the doc. Do you call or email, meet in person? These small details would be tremendously appreciated! I'm learning as I go with this road haha.

              Thank you in advance


              1. Yes ease them into it, like warming up a fb account.

              2. Not following on the disparagement question.

              3. Honestly nothing special. You don't want to tiptoe around them, if you gotta do that you're talking to the wrong type of person who will give you problems later. Say what you want and what price - if they're not totally into it, roll onto the next one.

              Comment


              • #8
                Here is my non-disparagement clause although note I wrote it myself and I'm no lawyer:

                MUTUAL NON- DISPARAGEMENT. Each party agrees that it will not disparag e the other party or any of its officers, directors or employees. For purposes of this Section, “disparage” shall mean any negative statement, whether written or oral, about [ mutual entities ] or any other DBA of either party. The parties agree and acknowledge that this non-disparagement provision is a material term of this Agreement, the absence of which would have resulted in either party refusing to enter into this Agreement.

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                • #9
                  Originally posted by jalexander View Post


                  1. Yes ease them into it, like warming up a fb account.

                  2. Not following on the disparagement question.

                  3. Honestly nothing special. You don't want to tiptoe around them, if you gotta do that you're talking to the wrong type of person who will give you problems later. Say what you want and what price - if they're not totally into it, roll onto the next one.
                  Boom, thank you so much, this makes sense for sure.

                  I guess the only last thing I can even think of is when you get to the point of step 2 using their likeliness... Assuming that would only mean a picture? I'm thinking out loud in terms of using their likeliness in email sequences and/or VSL's where the voice/avatar would be the doctor but it's obviously not their real words in any of it.

                  You see what I mean?

                  Comment


                  • #10
                    Originally posted by tc89 View Post

                    Boom, thank you so much, this makes sense for sure.

                    I guess the only last thing I can even think of is when you get to the point of step 2 using their likeliness... Assuming that would only mean a picture? I'm thinking out loud in terms of using their likeliness in email sequences and/or VSL's where the voice/avatar would be the doctor but it's obviously not their real words in any of it.

                    You see what I mean?
                    If you find someone with a relevent resume, good looks and a good voice for voiceover then you hit the jackpot.

                    I didn't, so I'm using a VO guy for voiceover.

                    Yeah likeness = few headshots. Up to you, video intros work well on VSL's so if you find the right person ask them to do that and just compensate for time as extra.

                    Comment


                    • #11
                      Originally posted by jalexander View Post

                      If you find someone with a relevent resume, good looks and a good voice for voiceover then you hit the jackpot.

                      I didn't, so I'm using a VO guy for voiceover.

                      Yeah likeness = few headshots. Up to you, video intros work well on VSL's so if you find the right person ask them to do that and just compensate for time as extra.
                      Sorry I should have been more clear, I meant to ask about the VO as in this... you get permission to use doctors likeliness in marketing BUT what about any copy that you write that is suppose to be coming from the angle as if the doctor is speaking. Obviously the doctor isn't going to be writing the copy for your campaigns, so I'm wondering how that works exactly to be able to use the doctor as your avatar and the copy is as if it's coming from his or her's own mouth.

                      Does that make more sense?

                      Comment


                      • #12
                        Originally posted by tc89 View Post

                        Sorry I should have been more clear, I meant to ask about the VO as in this... you get permission to use doctors likeliness in marketing BUT what about any copy that you write that is suppose to be coming from the angle as if the doctor is speaking. Obviously the doctor isn't going to be writing the copy for your campaigns, so I'm wondering how that works exactly to be able to use the doctor as your avatar and the copy is as if it's coming from his or her's own mouth.

                        Does that make more sense?
                        Yeah, I see your point. The doctor is part of your company - on the team - I don't see a problem with him representing the brand as his/something he is involved with.

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