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Campaign proposal.

Product

Oxfam.

Target audience

The target audience of my campaign is male and aged 30-50 years old.

Campaign message

fashionable clothing at an affordable price.

Launch date

The launch date of my adverts will be on december 1 st as it is the beggining of winter and people will
be needing new clothes ready for the cold weather.

Schedule of advertisements

My first advert will be released on december 1 st and will last for one week. My second advert will
start on the 7th of December, this advert will last for two weeks. And my final advert will be released
on the 22nd of december and last for one week.

Location of advertisements

Advert 1 will be portrait so it will be placed in local newspapers such as the warrington guardian and
bus stops on main routes which are commonly used. My second advert will be landscape so it will be
placed on billboards in main places in town such as the train station.my 3 rd advert will be placed on
buses and trains.

Legal and ethical issues.

Copyright designs and patents act 1988.

The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts,
films and typographical arrangement of published editions, rights to control the ways in which their
material may be used.

The rights cover: broadcast and public performance, copying, adapting, issuing, renting and lending
copies to the public.

This is a CIVIL law not a CRIMINAL law.

This means it is not a criminal offence to break the law, which could result in a fine or jail sentence.

Instead, the person who owns the copyright has to sue the person they believe has broken the law.
The case is then heard in a civil court and if the person is found guilty of breaking copyright law then
they will have to pay damages to the owner of the copyright. The amount of damages is set by the
court.
Types of work protected:
Literary
Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters
and articles etc.
Dramatic
Plays, dance etc.
Musical
Recordings and score.
Artistic
Photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos.
Typographical arrangement of published editions
Magazines, periodicals, etc.
Sound recording
May be recordings of other copyright works, e.g. musical and literary.
Film
Video footage, films, broadcasts and cable programmes.
The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to
include computer programs.

Duration of copyright
For literary, dramatic, musical or artistic works: 70 years from the end of the calendar year in which
the last remaining author of the work dies.
If the author is unknown, copyright will last for 70 years from end of the calendar year in which the
work was created, although if it is made available to the public during that time, by publication,
authorised performance, broadcast, exhibition etc., then the duration will be 70 years from the end
of the year that the work was first made available.
Sound Recordings: 50 years from the end of the calendar year in which the work was created or, if
the work is released within that time, 70 years from the end of the calendar year in which the work
was first released.
Films: 70 years from the end of the calendar year in which the last principal director, author or
composer dies.
If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made
available to the public in that time, 70 years from the end of the year the film was first made
available.
Typographical arrangement of published editions: 25 years from the end of the calendar year in
which the work was first published.
Broadcasts and cable programmes: 50 years from the end of the calendar year in which the
broadcast was made.

Application:
This law prevents me from using other people’s work in my adverts e.g. if I put a company’s logo
which I have not received permission to in my advert they can remove the advert due to the
copyright law. However I will ensure I don’t break this law by taking various precautions. Firstly I will
be taking my own pictures to use in my adverts. I will also create my own slogan to use in my adverts
and I will get permission to use the logo.
Equality act 2010.

This law legally protects people from discrimination in the workplace and in wider society.
It is against the law to discriminate against anyone because of:
 Age
 Being or becoming a transsexual person
 Being married or in a civil partnership
 Being pregnant or on maternity leave
 Disability
 Race including colour, nationality, ethnic or national origin
 Religion/belief or lack of religion/belief
 Sex
 Sexual orientation

This is a CRIMINAL law.


Therefore anyone who is considered to be breaking the law could be arrested. It would result in a
criminal trial which if found guilty could result in a fine or jail sentence.

Application:
This law prevents me from discriminating against certain people for their age, ethnicity, sex etc. in my
adverts. However I will not break this law as my adverts will be aimed towards all types of people
and will not discriminate against anybody.

Defamation act 2013:

This Act reformed defamation law on issues of the right to freedom of expression and the protection
of reputation. It also comprised a response to perceptions that the law as it stood was giving rise to
libel tourism and other inappropriate claims.

The Act changed existing criteria for a successful claim, by requiring claimants to show actual or
probable serious harm (which, in the case of for-profit bodies, is restricted to serious financial loss),
before suing for defamation in England or Wales.

It also enhanced existing defences, by introducing a defence for website operators hosting user-
generated content (provided they comply with a procedure to enable the complainant to resolve
disputes directly with the author of the material concerned or otherwise remove it), and introducing
new statutory defences of truth, honest opinion, and "publication on a matter of public interest“.

LIBEL
A written, published false statement that is damaging to a person's reputation.

SLANDER
Making a false spoken statement damaging to a person's reputation.

Defamation is a civil law and so you would need to sue someone who you believe has damaged your
reputation.

Application:
This law prevents me from damaging anyone’s reputation in my adverts. The only way this could
apply to my adverts is if I make my model look stupid in my adverts. Also, I will not do anything in my
adverts which may damage the charity’s reputation.

Trespass:

This is a civil law.


Trespass to land consists of any unjustifiable intrusion by a person upon the land in possession of
another.
Civil trespass is actionable in the courts.

Application:
This law prevents me from going on land which is private and I have not received permission to go on
to take the photos for my adverts. However I will ensure I don’t break this law as I will take my
photos for my adverts in public area which I have access to or if I go on private land I will get
permission to do so first.

Privacy:

The introduction of the Human Rights Act 1998 incorporated into English law the European
Convention on Human Rights.

Article 8.1 of the ECHR provides an explicit right to respect for a private life:
Article 8 protects your right to respect for your private life, your family life, your home and your
correspondence (letters, telephone calls and emails, for example).

Privacy Law is a law which deals with the use of people’s personal information and making sure they
aren't intruded upon. These laws make sure people can't have their information wrongly used
without permission.

Anyone who believes their right has been broken can make a civil claim in the courts against those
they believe have invaded their privacy.

When applying the legal principles the court will balance the claimant's right to privacy against the
right to freedom of expression.

If the claimant is proved to be correct this could result in an injunction banning publication of
information; damages; and return or destruction of the material gained from the intrusion.

Application:
This law prevents me from taking photos of people for my adverts without their permission.
However I will ensure I do not break this law as I will be taking photos for my adverts in areas which
are not busy because I only want the model to be in my adverts. And I will receive permission from
my model before taking the photos.

Intellectual property
What intellectual property is.
Having the right type of intellectual property protection helps you to stop people stealing or copying:
 the names of your products or brands
 your inventions
 the design or look of your products
 things you write, make or produce

Copyright, patents, designs and trademarks are all types of intellectual property protection. You get
some types of protection automatically, others you have to apply for.

You own intellectual property if you:


 created it (and it meets the requirements for copyright, a patent or a design
 bought intellectual property rights from the creator or a previous owner
 have a brand that could be a trade mark e.g. a well-known product name

If you believe anyone has stolen or copied your property you would sue them in civil court.

Application: this law prevents me from using company logos in my adverts which I have not received
permission to use, this also applies to clothing my model is wearing as cannot include logos on
clothing. I will ensure I do not break this law by covering any clothing logos and receiving permission
from the charity to use their logo.

Ethical constraints:
One ethical problem that I could cause in my adverts is only having one model of one gender and
one race which could cause controversy as it could connote that the charity only aims their clothes at
specific people. However this is not true; therefore if I were doing this professionally I would use
several models of different genders and races.

Codes of practice:

Misleading advertising:

3.1-Marketing communications must not materially mislead or be likely to do so.

This means I cannot advertise clothing which is not sold in the charity shop e.g. I cannot advertise
brand new clothing as my charity shop will only sell second hand clothing.

3.17-Price statements must not mislead by omission, undue emphasis or distortion. They must relate
to the product featured in the marketing communication.

This prevents me from providing misleading prices in my adverts. I will not break this as I will provide
completely realistic prices.

Privacy:

6.1-Marketers must not unfairly portray or refer to anyone in an adverse or offensive way unless that
person has given the marketer written permission to allow it. Marketers are urged to obtain written
permission before:

Referring to or portraying a member of the public or his or her identifiable possessions; the use of a
crowd scene or a general public location may be acceptable without permission

Referring to a person with a public profile; references that accurately reflect the contents of a book,
an article or a film might be acceptable without permission
Implying any personal approval of the advertised product; marketers should recognise that those
who do not want to be associated with the product could have a legal claim.
Prior permission might not be needed if the marketing communication contains nothing that is
inconsistent with the position or views of the featured person.

This means I cannot treat anyone in an offensive way in my adverts by portraying them in a bad way.
I will ensure I do not break this rule by receiving permission from my model to take the photos.

Harm and offence:

4.4-Marketing communications must contain nothing that is likely to condone or encourage


violence or anti-social behaviour.

This means I cannot show images of violence in my adverts as it may encourage violence. I
will avoid this by not including any portrayals of violence in my photos.

Basic rules of the code:

1.1-Marketing communications should be legal, decent, honest and truthful.

This means I have to follow all laws, ensure what my advert displays is honest and not
mislead the audience.

1.5-No marketing communication should bring advertising into disrepute.


This means the adverts should not damage the reputation of the advertising industry.