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November 27 Content Chat Recap—Ethical Marketing: How to Navigate Copyright Laws and FTC Guidelines

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Megan McCarthy #ContentChat

Thanks to the Internet, marketing ethics can become a slippery slope. That’s why we invited Megan McCarthy to lead a #ContentChat conversation on copyright laws, FTC guidelines, and how to ensure your marketing efforts are ethical.

Q1: What does it mean to be ethical in your marketing?

We all have different interpretations of what it means to be ethical in our marketing. Here’s how our #ContentChat attendees define it.

It all starts with honesty.

Provide credit and attribution where it’s due.

Consider the greater effects your marketing actions will produce.


Q2: What are some common ethical missteps you see marketers making?

Even though the definition of ethical marketing seems to be pretty clear, many marketers seem to cross the line into unethical territory. Here are some of the most common missteps.

Lack of honesty and transparency in influencer marketing.

Doing things they know are wrong.

Bullying critics.

Disregarding copyright.

Contacting people without permission.

Making nonapology apologies.

Emotional exploitation.

Q3: How do you ensure you are not violating someone else’s copyright when it comes to using visuals sourced online?

Not all copyright violations are on purpose. Often, marketers aren’t clear on how to find and use photography without violating the photographer’s rights.

Get acquainted with the Creative Commons Licenses and what they allow.

DIY: use your smartphone or digital camera to take your own photos.

Only use photos from reputable sources that are clear about use rights.

Ask for permission directly, and credit the source.

Q4: The FTC has warned influencers about disclosing their brand relationships. What are some ways to effectively do this?

As the popularity of influence marketing has surged, so has the influx of undisclosed influencer content.

Influencers must clearly disclose all paid content and promotion.

Use built-in influencer disclosure tools when available.

Affiliate links also need to be disclosed.

Q5: I just saw a photo I took used in someone’s marketing without my permission. What can I do about it?

Start with documenting their use(s) of your photo and your ownership of the image.

Send them an email asking them to stop using your photo, and to remove it from their site.

If necessary, escalate to an ISP takedown request or seek legal assistance.

Q6: I’m writing an article and want to quote something I read. Is that OK?

Quotes are a great way to add more substance to your content. But there are some guidelines to follow to do so ethically.

Make sure to cite the source.

Don’t overdo the size of the “quote”, and consider asking permission first.

Q7: I’m a huge fan of a brand and often mention them online. Do I need to disclose that they’re NOT paying me to do so?

What are the ethics of being a big brand fan? Is it necessary to disclose you’re NOT being paid to talk about them?

It’s not necessary to post a note that you aren’t a paid influencer.

Although it’s not necessary, in this age of issues around this, it’s good ethics to do so.

Q8: What are some tools or resources for content marketers wanting to ensure they are creating content ethically?

Q9: What is one copyright myth that needs to die?

About Erika Heald

Erika Heald is a content marketing expert and executive ghostwriter. As founder and lead consultant at Erika Heald Marketing Consulting, she helps organizations define and document content marketing strategies that drive business growth. Erika led and grew high-performance content marketing teams at Highwire PR, Anaplan, and Achievers. You can also find her on her blog erikasglutenfreekitchen.com or hosting the weekly #ContentChat Twitter chat on Mondays at 12 noon Pacific.

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