Slideshow Videos Regulatory Frameworks & Compliance 4 — Questions and Answers
Question 1: Which of the following best describes the 'substantiation' standard the FTC applies to factual claims made in a slideshow video?
- Claims only need to be believed by the advertiser
- Advertisers must have competent and reliable evidence before making a claim (Correct answer)
- Testimonials alone constitute adequate substantiation
- Substantiation is only required for pharmaceutical ads
Correct answer: Advertisers must have competent and reliable evidence before making a claim
The FTC requires that advertisers possess competent and reliable scientific or other evidence to support factual claims at the time they are made.
Question 2: A slideshow video that uses a well-known song without a sync license violates which area of law?
- Patent law
- Copyright law (Correct answer)
- Trade secret law
- Contract law
Correct answer: Copyright law
Using a copyrighted song in a video requires a synchronization license; using one without permission infringes the music publisher's copyright in the composition.
Question 3: Under California's CCPA, if a slideshow video platform collects viewer data from California residents, it must provide:
- An ad-free viewing tier
- The right to know, delete, and opt out of the sale of personal information (Correct answer)
- A minimum viewing resolution of 1080p
- A government-issued privacy seal
Correct answer: The right to know, delete, and opt out of the sale of personal information
CCPA grants California residents the rights to know what personal data is collected, to request deletion, and to opt out of the sale of their personal information.
Question 4: When a slideshow video is used in political advertising on broadcast TV, what must be disclosed under FEC rules?
- The video editor's name
- A 'paid for by' disclaimer identifying the responsible committee or organization (Correct answer)
- The file size of the video
- The date every slide was created
Correct answer: A 'paid for by' disclaimer identifying the responsible committee or organization
FEC rules require that political ads include a 'paid for by' disclaimer clearly identifying the political committee or organization that funded the communication.
Question 5: A company using a stock photo in a slideshow video without the appropriate license is most likely infringing on:
- The photographer's patent rights
- The photographer's or agency's copyright (Correct answer)
- The subject's trademark
- The platform's terms of service exclusively
Correct answer: The photographer's or agency's copyright
Stock photos are protected by copyright, and using one without the correct license constitutes copyright infringement against the rights holder.
Question 6: A B2B slideshow video that uses a competitor's registered trademark in a comparative claim must avoid:
- Using the competitor's logo in any color other than black and white
- Trademark infringement by making false or misleading comparisons that damage the competitor's mark (Correct answer)
- Embedding hyperlinks within slides
- Using the same slide dimensions as the competitor
Correct answer: Trademark infringement by making false or misleading comparisons that damage the competitor's mark
While nominative fair use permits referencing a competitor's trademark for honest comparison, making false or misleading claims crosses into trademark infringement and Lanham Act violations.
Question 7: Under the Video Privacy Protection Act (VPPA), a video streaming platform that shares individual viewing history data with third parties without consent can face:
- A mandatory content rating requirement
- Civil liability and statutory damages of up to $2,500 per violation (Correct answer)
- FCC license revocation
- Mandatory closed-captioning audits
Correct answer: Civil liability and statutory damages of up to $2,500 per violation
The VPPA prohibits video service providers from knowingly disclosing personally identifiable viewing information without the consumer's consent, with statutory damages up to $2,500 per violation.
Which of the following best describes the 'substantiation' standard the FTC applies to factual claims made in a slideshow video?