As DVR usage rapidly increases, embedded advertising is evolving and blurring the line for the viewing public between advertising and content. The FCC responded by seeking public commentary and guidance on the regulations governing embedded advertising. The comments the FCC received revealed a heated debate between media industry advocates and those who seek to protect consumer interests. The recent increase in the practice of embedded advertising has only intensified this debate. A balance must be struck between the interests of the media industry and the viewing public. To do so, the FCC must adopt a regulatory scheme that commands viewers’ attention while avoiding repetition and not placing an undue burden on the media industry.
Ann K. Hagerty,Embedded Advertising: Your Rights in the TiVo Era, 9 J. Marshall Rev. Intell. Prop. L. 146 (2009)