Beth Ann Miller

August 19, 1955 – January 2, 2025

 Beth A. Miller, age 69, born August 19, 1955 of Fort Wayne, Indiana, passed away on Thursday, January 2, 2025. The daughter of Ervin H. Miller and Virginia C. (Rapp) Miller of Arcola IN, she spent most of her childhood outdoors in the woods and fields playing with her best friend Karen Gilb. She was an avid gardener who spent her much of her summers helping people learn how to grow their own organic food. She was also a flower gardener. Throughout her life Beth fostered other hobbies, including making mosaic tile perpetual calendars which she sold at art fairs, playing ball in the Fort Wayne Jr. Girls Baseball League, mushroom hunting, and shooting pool. Representing Indiana University, she won the Big Ten Billiards Tournament in 1978. Beth was a self-taught acoustic guitarist—a hobby that she continued throughout her life.

Professionally, Beth was known for her strategic and integrated marketing planning, critical thinking skills and writing ability. She helped many Fort Wayne area businesses and institutions develop their products and services and gain market share. She was to a large degree responsible for the development of the Aunt Millie’s brand and the metamorphosis of Saint Francis College into the University of Saint Francis from 1998-2010. Most all the 32 years she owned her company, HPN Inc. Marketing Services, Beth worked for financial institutions including Indiana Bank, Summit Bank, First National Bank & Trust, Tower Bank, and STAR Financial. She served on many non-profit boards and committees and especially appreciated her service to Concordia Lutheran High School. Beth served as President of the Advertising Federation of Fort Wayne and received its prestigious lifetime Silver Medal Award in 2000, the youngest individual so honored at that time.

Beth was particularly fond of Mackinac Island and was a constant visitor over many decades. It was there that she met her beloved husband, Randol Crain who survives her. Her beautiful daughter, Rachel Wetzel, along with her husband Joseph and their sons, Sidney Wetzel, Julian Wetzel, and Max Wetzel to whom she was known as “Grammy”, also survive her. Beth is also survived by her deeply cherished siblings, Janice Schlegel of Fort Myers FL and Murray Miller of Roanoke IN.

Not only does this public service initiative give back to the community, but it also provides college students with valuable real-world experience. The AAF public service committee works closely with students to give them hands-on experience with the project, allowing them to apply what they've learned in the classroom to a real-life situation, in partnership with industry professionals. The chapter is proud to be able to give back to the community while also providing students with valuable learning opportunities.

If your business is interested in this service, please fill out our . Applications are due by Friday, February 10.

In a copyright battle with major implications, the justices heard arguments in a dispute over whether the artist's alterations to a photograph of Prince should be considered a new work.

Did violate copyright law when he based a portrait of on a prominent photographer’s work? That question was before the U.S. Supreme Court on Wednesday, as it grappled with the potentially massive consequences of a case that could change the landscape for art that’s created using other art.

Several justices observed the possible implications. “Why can’t we imagine that Hollywood can take a book and make a movie about it without paying?” Justice Clarence Thomas asked a lawyer for the Andy Warhol Foundation.

Read the full article by the The Hollywood Reporter .

The International Advertising Association just the "IAA Principles to Maintain a Vibrant, Dynamic, and Competitive Advertising Industry."  

In connection with the release of the Principles, the IAA said that it believes that "creating a smarter regulatory environment that fosters a vibrant, dynamic, and competitive marketplace will provide great benefits to both industry and consumers."  The IAA explained that, in order to protect consumers and the advertising ecosystem, lawmakers should take these Principles into account whenever considering legislation that may impact the ability of companies to compete freely in the marketplace. 

Read the full article by the Advertising Law .

Earlier this month, Meta updates to its political advertising policies in advance of the midterm elections in the United States.  

Nick Clegg, Meta's President of Global Affairs, said, "With the 2022 US midterms on the horizon, we are setting out how our approach applies in this election cycle, which is largely consistent with the policies and safeguards we had in place during the 2020 US Presidential election." 

Election Advertising

Meta said that, in the final week of the mid-term election campaign, no new political, electoral, or social advertisements will be accepted.  Facebook will also not allow any edits related to creative, placement, targeting, or optimization.  Facebook said that it is implementing this because "in the final days of an election, we recognize there may not be enough time to contest new claims made in ads."  

Meta said that this restriction will be lifted the day after the election and that it has "no plans" to extend it.  Meta explained that it doesn't intend to repeat the ad pause that was put in place after the election in 2022, because that was "intended to be a temporary measure in response to extraordinary circumstances in the US."  

Read the full article by the Advertising Law .

Elliot McGucken is an award-winning fine-art photographer who specializes in natural landscapes. (Check out .) In March of 2019, McGucken hiked for several hours through Death Valley (talk about dedication) to capture photographs of an ephemeral lake that had formed on the desert floor following unusually heavy rainfall. As the court puts it, “[w]ith a little luck, a little sweat, and plenty of skill, McGucken produced a series of photos of stunning beauty.” The photos - which truly are spectacular – are included in the court’s opinion.

McGucken posted the images (natch), where they were shared widely. Riding the wave of interest in his work, McGucken licensed the photos to several publications (including The Daily Mail, Smithsonian Magazine, and Live Science). About a month after he took the photos, online publisher Pub Ocean used twelve of them, without permission, to illustrate an article titled “A Massive Lake Has Just Materialized In The Middle Of One Of The Driest Places On Earth.” The article described how the lake had formed, narrated how McGucken captured the photos, and included various “digressions” about desserts and other naturally occurring phenomena (such as and ). Each digression was illustrated with photography from third party sources. (The opinion is silent as to whether Pub Ocean obtained licenses to use the other photos. But you do the math.) In total, the article prominently featured 28 photos. How prominently? In the court’s view, “[i]n size, the photos dwarf the text” to such an extent that the article “appear[ed] as a series of photos with the text broken up into tiny captions underneath.” Sort of like a picture book. Or a slide show. Or a listicle. (Or, perhaps, clickbait?)

Read the full article by the Advertising Law .

“TV’s battle for new yardsticks isn’t over yet.

The TV companies that own ad-tech firm OpenAP intend to make a pitch at Cannes to get advertisers to move their dollars to new kinds of measurement technologies — just as the networks are trying to roll out alternate audience-tabulation systems to Nielsen, which still sets the main currency upon which most ad deals are based.

is owned by Fox, NBCUniversal, Paramount and Warner Brothers Discovery, which will push advertisers to “shift real dollars from panels to census,” says Brittany Slattery, chief marketing officer at OpenAP.

Despite the networks’ best efforts, Nielsen remains an integral part of the audience-measurement mix. In April, the Fox-owned streaming outlet said it plans to expand its relationship with to help advertisers measure viewing of Tubi programming across a wider array of venues.

The networks and OpenAP will hold a summit devoted to the topic of advanced advertising on Thursday, June 23. Companies joining the event will include Amobee, EDO, Comscore, Innovid, iSpot, LiveRamp, Magnite, Nielsen, VideoAmp, SambaTV, TransUnion and Truthset.

under the auspices of WarnerMedia’s Turner, the former Viacom Inc. and the Fox Networks Group of the former 21st Century Fox, Open AP has tried to facilitate the . By helping advertisers reach certain consumer categories that remain the same no matter which company’s inventory is being purchased, Open AP gives marketers the chance to create benchmarks that can be more easily compared.

The company has expanded its efforts in recent months. a new framework that will let advertisers and media outlets count viewership across venues that might include linear TV, addressable TV and mobile-delivered video — providing a consumer count that can be utilized no matter what type of video delivery on which an advertiser is focused. Interestingly, Nielsen is one of the measurement companies that helps XPm work.”

This article was by the Variety.

“Frankfort, KY, March 1, 2022—AAF Kentucky Leaders: As you may have seen, State Representative (R-Elkton) Chair of the House  introduced HB 8, which would expand Kentucky’s 6% gross receipts sales and use tax base to 39 new services, including advertising and graphic design services.

The Appropriations and Revenue Committee may vote on the measure as soon as this week and the bill appears to be moving swiftly. I have been in touch with the Kentucky Broadcasters Association and Kentucky Press Association to share intelligence and coordinate our response.

I urge you and members of your ad club to contact lawmakers and let them know that they should oppose any effort to place a tax on advertising services.

Placing a tax on advertising services and/or placement increases the cost of advertising. Because most clients operate on a fixed advertising budget, they will compensate for the tax by decreasing their advertising purchases. This will have a direct—and negative—impact on the advertising industry, economy, consumers and the state.Advertising is the primary and sometimes sole source of revenue for the media. A reduction in advertising would inevitably result in a loss of jobs and a decreased ability to provide quality content and programming.Advertising is the engine that fuels the economy. Less advertising means fewer sales. Fewer sales mean reduced revenue and fewer jobs. Fewer sales also result in less tax revenue for Kentucky.Consumers will suffer. Advertising is an important source of information. In fact, the U.S. Supreme Court in the landmark Virginia Pharmacy case noted that to many people, the information in advertising is more important than news about current issues.Prices may rise. Studies show that advertising fosters competition and helps lower the price of products and services. Less advertising means less competition.If the legislature included purchases of time and space national advertising dollars will leave Kentucky media. Marketers will move dollars to Indiana, Ohio, Tennessee and other out of state media outlets that reach Kentucky customers.

Kentucky residents can find their legislators  and contact information .

Please contact lawmakers ASAP and urge them to oppose any tax on advertising—and circulate this alert to other members of your ad club. I will keep you informed as we learn more.

Thank you for your work in defense of advertising. Please let me know if you have any questions or hear back from your representatives.

 —Clark Rector”

This article was by the American Advertising Federation in March 2022.

“Harrisburg, PA, May 24, 2022—AAF Pennsylvania Leaders, As you may know  is up for a hearing on Wednesday, May 25 in the Pennsylvania . AAF and some of our allied associations will provide comments, a draft of which is attached. I hope that your local ad club will sign on also as the message is more effective if lawmakers know that it is coming from the local, as well as national industry.

In short, our message is that AAF is in favor of a national privacy standard and does not support state legislation. However, if Pennsylvania is to pass a bill, it should be as similar as possible to measures already enacted in other states in order to minimize confusion for both businesses and consumers. The comments then offer suggestions as to how to achieve that goal.

Unfortunately, as often happens, we have very short notice and hope to file the comments Tuesday (tomorrow) afternoon. Once filed, we will of course make sure you get a copy of the final version to use with members and prospects.

I apologize for the short notice. Do not hesitate to contact me if you have any questions. Thank you for all you do for AAF and the advertising industry.

Attachments:

 —Clark Rector”

This article was by the American Advertising Federation in March 2022.

“As western social media sites tried to block misleading ads coming out of Russia this week, Rob Blackie was trying to sneak ads in.

Mr. Blackie, a British digital strategist, wanted Russians to see impartial news about the invasion in Ukraine. His solution to avoid Russia’s censors: digital ads, which began buying with automated technology and slipping past government filters onto online platforms in Russia.

Bearing neutral headlines such as, “What is known about the situation in Ukraine at the moment,” the ads were viewed two million times as of midday Friday and directed viewers 42,000 times to independent news sources such as , Mr. Blackie said.

“The great thing about digital advertising is that it’s quite hard to stop it,” he said.”

Read from March 2022 published by the New York Times.

“A new on “” options for advertisers on Facebook and other Meta-owned social media platforms – which includes restricting marketing based on “health causes” – takes effect January 19, and may make it more challenging for health care and life sciences companies to use these platforms to identify individuals with a specific health condition. This could have broad and mixed impacts on social media users; but, it could also raise barriers to identifying patients for beneficial purposes, such as identifying clinical trial participants and those in need of access to telehealth services.”

Read from January 2022 published by JDSUPRA.

“To the members of the United States Senate: On behalf of the undersigned associations representing millions of legitimate businesses that seek to serve consumers and create jobs, we oppose the inclusion of Sections 31501 and 31502 in H.R. 5376, the “Build Back Better Act.””

Read from December 2021 on the AAF national website.

Steven M. Toor 

January 4, 1947 – October 25, 2021 

Surrounded by family and friends, Steve Toor, 74, passed away at Lutheran Hospital in Fort Wayne, Indiana from a pulmonary condition on October 25, 2021. Born in Fort Wayne on January 4, 1947 to Gerald and Burnice Toor, he was a long-time advertising executive and supporter of Fort Wayne area civic organizations and festivals. Steve was a graduate of Elmhurst High School and remained active in the Class of 1965 reunions. After earning his diploma in broadcast production from the Career Academy in Milwaukee, Wisconsin, Steve attended the University of Wisconsin and Indiana University. After his higher education Steve worked for ten years as a producer, director and production manager at WPTA-TV. In 1978 his career focus turned to advertising when he became media buyer at Lauer Advertising. He then served as an account executive at HPN Advertising and became co-owner and president of the company in 1982 where he worked until 1994. For five years Steve owned and operated a private catering and restaurant business. In the early 2000s Steve oversaw development and fund raising for the Embassy Theatre. Steve spent the last decade of his career, up to his death, coordinating events for the Fort Wayne History Center. Steve was a member of the Advertising Association of Fort Wayne and served on its board for nine years where he headed various committees. In addition, he served on the boards of the American Red Cross, Arts United, Audiences Unlimited, Charmaine School & Model Agency, the Embassy Theatre, the Fort Wayne Better Business Bureau, Fort Wayne Children’s Choir, Fort Wayne Museum of Art, and Holiday Fest. For many years Steve was an ardent supporter and developer of the Embassy’s Festival of Trees and the History Center’s Festival of Gingerbread. He was instrumental in the development of the Three Rivers Festival, serving as a volunteer at its inception and continuing as such for 31 years, a board member for 20 years, and its board president in 1983/84. His personal interests included Broadway theater and musicals, collecting antique clothing, and international travel. Steve is survived by his partner of 50 years, Glen White, sister Deborah Hyatt, brother Jerry Toor, nephew Joshua Hyatt, and nieces Erica Hutton, Andrea Hyatt, Ashley Mitchell, and Lisa Morgan. His parents and his brother Daniel Toor preceded him in death. In keeping with Steve’s wishes, memorial gifts may be made to the Fort Wayne History Center and Audiences Unlimited. A service will be held at a future time to honor and remember this remarkable man, a friend to all, who gave so much to our Fort Wayne community. 

“A new Federal Trade Commission shows that in the first nine months of 2021, consumers reported losing $148 million in scams where gift cards were used as the form of payment. That amount is more than wasreported in all of 2020.”

Read from November 2021 on .

“Annapolis, MD, November 10, 2021—AAF Maryland Leaders: Attached are the comments filed by AAF, ANA and other industry partners with the Maryland Comptroller’s Office regarding  to implement the state’s digital advertising tax. Even though the regulations are not final and legal challenges are ongoing, the tax is still due to go into effect January 1. While the revenue threshold for tax liability is quite high at $100 million, any business concerned about possible impact is urged to talk with their Maryland tax advisor.

We will continue to keep you updated on any new developments. Feel free to contact me if you have any questions or comments.

Attachments: 

—Clark Rector”

“The Federal Trade Commission (“FTC”) continued a flurry of activity to put companies on notice of future enforcement activities and safeguard consumer financial information. All businesses that advertise to consumers and that have an online presence should be aware of the FTC’s initiatives.”

Read the full article from November 2021 on

Date posted: December 3, 2021 

Location: Fort Wayne, IN 

Web page: fwcchoir.org 

The Fort Wayne Children’s Choir (FWCC) seeks a Marketing Coordinator to contribute to the vision of the organization. The FWCC is searching for a highly organized, energetic individual committed to supporting the mission of the organization. 

The Fort Wayne Children’s Choir has been a vibrant part of the Northeast Indiana community for over 45 years and teaches music literacy to children from diverse backgrounds through song and performance. 

Position profile: 

The successful candidate will be a strong communicator, with exceptional organizational skills, and exhibit a passion for working in the arts. She/he will invest time both in and out of the office and be visible in the community. 

Job Summary: 

The part-time Marketing Coordinator will be responsible for creating and overseeing the implementation of a strategic marketing plan. This position requires a strong commitment to the Fort Wayne Children’s Choir mission and programs. The successful candidate will possess strong communication, time and project management, creative problem solving, and engaging storytelling skills. The successful candidate will have the ability to work independently and in a team setting. 

Responsibilities & Duties: 

• Oversee and execute the Marketing Plan while promoting the goals and guidelines set forth by the Executive Artistic Director, Board of Directors, and Marketing Committee. 

• Implement the Fort Wayne Children’s Choir marketing, development, and recruitment plans to support revenue generation, program growth, and sustainability. 

• Take the initiative to research and produce content to support the Fort Wayne Children’s Choir’s strategic plan, fundraising campaigns, concerts, and other identified priorities. 

• Interact positively and professionally with the public, families, parents, donors, Purdue University Fort Wayne, volunteers, and other collaborators. 

• Utilize print, digital, social media, email, website, advertising, and news media to share the mission and programs of the Fort Wayne Children’s Choir. 

• General Marketing • Manage and report metrics that align with the strategic plan. 

• Manage marketing materials for all concerts, recruitment, and general publicity. 

• Develop media relations. 

• Coordinate ticket sales with the FWCC Operations Manager and the Arts United Box Office. 

• Attend weekly staff meetings and establish a minimum of four in-office hours per week. 

• Participate in annual staff retreats. 

• Attend monthly Marketing Committee Meetings. 

• Participate in continued education to stay informed of new developments and resources as it relates to the job. 

• Development • With the Director of Development, manage materials for events and donor / sponsor communication. 

• Work closely with Development staff for promotion of concerts and events. 

• Contribute to the execution of sponsor recognition, donor communication, development events, and the overall approach to supporter communications. 

• Other duties as assigned. 

Compensation and Benefits: 

The Marketing Coordinator is a part-time position, working 8-15 hours/week with flexible hours. Meetings, concert performances, special events, and Board and Committee work may occur outside of regular business hours. Compensation is $25/per hour. 

Qualifications: 

• Possess a Bachelor’s degree in a related field 

• Experience in multiple software platforms including, but not limited to, Word, Excel, Google Suite, Canva, Adobe, and other video editing programs in addition to social media channels 

• Willingness to work as a member of a team 

• Excellent communication, interpersonal, networking, administrative, and collaboration skills 

• Ability to prioritize tasks with competing needs 

• Three years of experience in marketing and communications or related field (preferred) 

• Experience in the non-profit sector (preferred) 

Application procedure: 

The position will remain open until filled. Review of materials will begin January 3, 2022. 

Candidates must submit the following materials electronically in PDF format: 

1. Cover letter 

2. Resume 

3. Three references 

Email to: Jonathan Busarow, Executive Artistic Director, jbusarow@fwcchoir.org Please state Marketing Coordinator Search in subject line of the email. 

Questions may be directed to Jonathan Busarow, Executive Artistic Director, at (260) 481-0481 or via email at jbusarow@fwcchoir.org. 

THOMAS D. MATTERN, of Syracuse, passed away on Wednesday, April 21, 2021, at his home. Tom opened Market share +. The agency offered advertising and marketing services for 26 years not only to the Fort Wayne area, but across the nation as well. Tom was active in the Fort Wayne Advertising Club.(link to obit: )

JASON “TIM” SMITH, 60, of Fort Wayne passed away on Tuesday, June 1, 2021. He was born on May 20, 1961, in Fort Wayne, Indiana, to Roger and Shirley Smith. Jason graduated from Indiana University and worked in business, marketing, media, radio, and journalism. He authored Celebrate Fort Wayne: A Bicentennial Pictorial History of the Summit City (1993) and produced The Queerness Doesn’t Matter: A Journey with My Friends of Dorothy (2020). (link to obit: )

“Another bombshell has dropped. Is change coming? For over a decade, it was generally considered safe to include an image or a video on your website that was linked through to the social media or other web page where it originated -- commonly known as embedding. But two recent decisions in New York have created the possibility of a circuit split on whether such practices are permissible.”

Read the full article from August 2021 by on IP & Media Law Updates by Frankfurt Kurnit Klein + Selz, .