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Lawsuit Raises Questions On User Generated Content

Posted by Sloane Kelley on January 29, 2008

In 2006, Quiznos jumped on the user generated content bandwagon as part of a campaign depicting Subway sandwiches as being inferior and with less meat. The company asked consumers to make their own videos showing Quiznos as being better than Subway. The winner received $10,000 and their video was shown on VH1 and in Times Square.

Now, Subway is suing Quiznos and iFilm (where videos were posted), claiming the consumer videos showed its brand in a negative way and made false statements. Such lawsuits in the ad world are nothing new but the user generated content angle adds an interesting twist. Can Quiznos be held liable for content made by consumers? The content was of course produced at Quiznos' request but the statements were made by consumers.

The outcome could have ramifications on other companies asking for consumer input, according to The New York Times.

The Subway/Quiznos case hinges on how the District Court of Connecticut interprets two federal laws: the Lanham Act, which dates to the 1940s and centers on trademark rights, and the Communications Decency Act, which was passed in 1996 to safeguard the Internet. If Subway wins, advertisers and media companies may find themselves liable for false advertising claims made by consumers who participate in their contests.

The site where these videos originally appeared has been removed but some are still floating around on YouTube.

 
 
 
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BlogSavannah 2008: The Emergence of Vlogging

Posted by Sloane Kelley on January 25, 2008

SAVANNAH—The vlogging world is still in its pioneering stage, John Rife says during his panel at this year's BlogSavannah Unconference. According to Rife, the vlog world is where the blog world was eight years ago.

Part of the slower expansion has to do with barriers to entry such as having a camera, editing software and editing know-how.

During Rife's discussion, the question of video rights is raised. Rife says it's worth it to put your content out there even if you run the risk of seeing it mashed up somewhere else later. We can't live in walled gardens.

Rife put his content out there last year documenting a trip across the U.S.

 
 
 
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A Macumentary

Posted by Sloane Kelley on January 23, 2008

Mac addicts, take note. The trailer for upcoming documentary MacHeads The Movie has been posted online. It shows super Mac fans talking about the virtues of their machines and community. Guy Kawasaki also makes an appearance, bolstering the film's cred.

Details on the release date aren't available yet.

 
 
 
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The End Of Pilot Season At NBC

Posted by Sloane Kelley on January 23, 2008

In an effort to cut costs, NBC is planning to stop producing expensive pilots, many of which never turn into an actual television series. The move could save the company as much as $50 million a year, according to Jeff Zucker, Chief Executive of NBC Universal.

Mr. Zucker said the pilots, the first episode of a show and whose production cost has shot up to $7 million for an hour from about $3 million three years ago, were a poor indicator of the future success of a series and many never move beyond the pilot stage.

“So you’re spending money on programs you’re not going to get,” Mr. Zucker said.

He said NBC might still commission “one or two” pilots a season, but would not do so as a matter of course.

This announcement raises bigger picture questions about the fate of striking writers and the future of the network TV formula as we now know it.

[Via New York Times]

 
 
 
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Making Ikea His Home

Posted by Sloane Kelley on January 14, 2008

When New York City comedian and filmmaker Mark Malkoff's apartment needed to be fumigated, the good folks at Ikea were kind enough to open their doors to him. Malkoff lived in the Paramus, New Jersey, Ikea 24-7 for a whole week this month, sleeping there and eating all of his meals at the store's restaurant (he was allowed to order pizza a few times).

From choosing his new "home" to visiting with shoppers, Malkoff captured his experiences on video.

 
 
 
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