• Payments for an 'in-house' DVD

    If a performing artist performs in an in-house DVD, this activity may be considered a promotional activity if the activity is promoting goods and services. Such an activity is unlikely to constitute an advertisement, as the term in-house implies something that is communicated internally to staff rather than to the public.


    • Ad Advertising Pty Ltd has contracted with Bernice, an actress, to appear in an in-house DVD to promote an internal training program to Big Oil Company. The DVD would not be considered an advertisement because it will not be communicated to the public. Ad Advertising Pty Ltd must withhold an amount from a payment made under a contract to Bernice, as the DVD is promoting an internal training program for Big Oil Company.
    • U Beaut Advertising has entered into a contract with Suzi, an actress, to appear in a DVD promoting Phil's Packaging Company. The DVD is aimed at bringing in new business from overseas markets. Suzi's participation in the DVD represents a promotional activity. In this case, the DVD is not an in-house DVD because it is intended for the public. U Beaut Advertising must withhold an amount from their payment to Suzi for these activities.
      Last modified: 09 Aug 2016QC 16528