* This article is a paid service of Digiday[Japanese version]a media for next-generation leaders responsible for branding.DIGIDAY+This is a reprint from.
Three years ago, marketers began using memes heavily in their marketing, to the point that some even hired CMOs, or “Chief Meme Officers.”
Since then, the rise of TikTok has pushed the video-centric strategy even further, while organic content strategies have surged. More and more brands are now using memes and viral sounds.
There is a big gray area for brands to use memes for advertising purposes. Some brands are using popular memes for their organic and paid content in the same way regular users post memes. The aim is to make their content viral by mixing trending audio and memes from pop culture into their ads.
What kind of risks are lurking
Agency execs encourage clients to license voices and memes used in their content, but some brands don’t do that and use memes. The legal consequences of this are mixed, with some brands getting away with it, while others face legal challenges, according to marketers and agency executives.
For example, creator Anthony Fantano, better known as NeedleTok, reportedly demanded compensation from gaming company Activision for using his voice in a post. But now Activision is suing Fantano.
Let’s take a closer look at this case. Activision used the “It’s enough slices” voice that Fantano said in his TikTok video as a reaction to a video of a pizza being cut into pieces one after another, and used it to recreate the Crash Slice of its flagship game. Advertised Crash Bandicoot.
Mr. Fantano said that he would consider legal action against this act and demanded compensation from Activision. Activision said it would take the video down, but Fantano still asked for a reward.
Against this background, Activision sued first. They are asking a judge to confirm that the company did not break the law because the audio was in TikTok’s content library. This is just one example of how using memes and trendy voices to go viral is a gray area.
A sense of balance required for brands
“Brands are definitely taking risks in leveraging meme culture and trendy voices, but they are being asked to engage more deeply with their target audiences through digital and social and maintain a natural engagement,” he said. Walid Mohamed, CEO and founder of influencer advertising agency The Breadwinners Club, said.
“By using memes and trendy voices, brands can connect with young people, increase their engagement, and allow them to share their content. This is a gold mine for their brand awareness,” added Mohamed.
Brands must strike a delicate balance between taking the chance of going viral by participating in the culture through memes and trendy voices, and taking the risk of it. Mackenzie Fields, director of strategy at social media marketing firm Reach Agency, said it was becoming increasingly difficult for brands to secure a premium position on TikTok’s “For You Page” without leveraging viral content. It is said that it is becoming Any content you see there is trending, which incentivizes brands to take advantage of trends.
As such, some brands are determined to take some risk in leveraging content that is widely circulated on the internet. One agency exec said, “The problem[with gray zone viral content usage]is often minor.” These include requests that TikTok mute the audio of posts and stop using content.
While some brands are willing to take risks, agency executives said, “Licensing the use of memes and trendy voices from creators should be the norm, and brands need to respect creators. “It has said.
Premonition of further legal standardization
“Not all ‘rule-breakers’ get scolded,” said Nancy Oganezav, senior strategist at Dentsu Creative. Girl) doll meme could be used to increase a brand’s social presence.”
On the other hand, brands with higher visibility (and where people already have a bad impression of the brand) find themselves in legal storms for using trendy voices and celebrity faces without permission. “The debate over legal action will become increasingly prominent as the issue evolves and corporate social units assess legal risks,” he added.
Going forward, marketers and agency executives expect more legal standardization when using memes and trendy voices, especially those from creators.
“The existence of this gray area may help influencers understand their legal responsibilities and may also make brands hesitate to use influencers’ voices without their permission,” Zha said. – Amanda Levine, senior director of music and licensing at Platinum Rye Entertainment, the IP and talent sourcing arm of The Marketing Arm, said.
“This (Activision) will never be the last,” Levine added.
[original text]
(Text: Kristina Monllos, Translation: Kon Tsukamoto, Editing: Ryohei Shimada)
Source: BusinessInsider
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