D1 - Discuss the legal and ethical issues for your advertising campaign

   D1: Legal and Ethical issues to consider for my advertising campaign


There are lots of legal issues I must comply with to make sure the Effervescent healthy fizzy banana flavoured canned drink advertising campaign is in line with the laws and doesn’t cause offence.


Copyright

Copyright is a law that protects someone’s work (image, text, design, video, film, painting...) from being used without their permission. Copyright means I must be careful what assets I use for the Effervescent can design and the advertising campaign. I will have to use creative commons assets and follow those laws or use royalty free assets which means I can use the assets however I would like to. If I used copyrighted assets when producing the canned drink design or in the advertising campaign, I would be violating copyright laws. Therefore, the copyright owner could ask me to take the adverts down, change my can design, ask me to pay for the asset or I could be fined. To counter this, I will use creative commons and royalty free assets, so I am not illegally using someone’s work. I will also create an asset log to acknowledge the legal permissions of these assets, what I will rename the assets, how I will use them and what file type they are.

For example, I will use a creative commons image of bananas, and this says that I would have to credit the owner (24oranges. nl) from the website. Other images I will use such as the banana leaf image says I cannot use the image for commercial use. If I was to actually create an advertising campaign while working for a client, I wouldn’t be able to use this image unless I paid for it or asked the owner for permission to use it commercially, otherwise I would have to use another image that allows commercial use. However, this advertising campaign is only for education, but it is crucial that I understand what I would have to consider if I was working. The background music I will use along with the chewy font, the canned drink background image and the breakfast background image are royalty free assets so I can use these assets however I want in the advertising campaign. The beach background image is under the creative commons zero -CC0 license. This means I can still use the image however I want; this license means that the owner doesn’t own the image anymore and anyone can use it however they would like to.

The size for this TV advert on TV would depend on the TV size. On YouTube it would be 1920 x 1080 and on Instagram the advert would be 1280 x720 for in-feed videos.

Because this is a TV advertisement, I will need to consider laws put in place by Ofcom, BBFC and the ASA. Ofcom (Office of communications) regulates TV, video on demand, radio and mobile content services. Ofcom chooses what is suitable for TV. For example, gambling adverts are after the watershed (9pm) because gambling is an ethical issue and these adverts aren’t suitable for children. However, the Effervescent TV advertisement is suitable for all ages. The BBFC (British Board of Film Classification) gives age ratings for films and TV as well as some adverts. The ASA would also regulate the TV advert because they regulate all ads. I will have to follow their rules to make sure the Effervescent advertisement doesn’t get taken down, it doesn’t get pushed after the 9pm watershed or my target audience might be less likely to see it. To make sure this doesn’t happen, adverts including the Effervescent advert I will be creating can’t include bad language/wearing, violence, nudity, horror or threats… I will also need to consider the ethical issues of body image, disturbing or offensive images, racism and sexism. I will not include anything that could be deemed as offensive.

Other laws I need to consider are copyright, libel and slander. I have explained what copyright and libel is and how it effects the Effervescent advertisements. Slander is a false spoken statement that is damaging to a person’s reputation. This relates to the TV advertisement because I could say something false about an individual and others could believe it. 

Libel and slander

Libel is a written false published statement that is damaging to a person’s reputation, slander is a spoken false public statement that is damaging to a person’s reputation. Libel and slander can happen with celebrities or other well-known figures, anyone can be a victim of libel or slander. I need to consider these for the Effervescent canned drink advertising campaign, I haven’t included celebrity endorsement, but I cannot be libel in the magazine advert and web advert or slander in the TV advert. I won’t talk about or write about anyone in the Effervescent canned drink ad campaign. The script for the TV advertisement will make sure I am not being slander.

Ethical issues

Offence, language/behaviour, violence, unrealistic body image, racism and sexism are few ethical issues I will need to consider when creating the Effervescent ad campaign. I will prevent using any of these themes in my advertising campaign to stop controversy or offend the target audience. This means I will not use any swearing, racial slurs or any other offensive terms or language. I won’t include any violence in the advertising campaign such as people threatening to or harming each other, and I will not enforce high unrealistic standards of body image. If I included any of these ethical issues, the ASA or Ofcom could pick these up and ban the Effervescent advertising campaign, I also don’t want the Effervescent healthy fizzy canned drink and its adverts to be associated with negative connotations. I could use the primary research method of a focus group to ask the target audience if they find anything to be offensive or if anything should be changed or improved so the advertisements are friendly for everyone.

Consent/model release forms and location permission forms

If I use any people in the advertising campaign including the TV advert, I will have to use a consent/model release form. This form is used to make sure I have permission to use footage, images, assets that include this person. If I didn’t use a consent/model release form, the individual could ask me to take the advertisement down which means I would have to change the advertisement and I would have wasted time and resources. They could also take me to court for including footage of them. For the advertising campaign and the TV advert, if I am filming or taking pictures in a public place, I will need to ask for permission to use the area by having the company sign a permission form. 

In my TV advert, I will use photoshopped, made up names for the Instagram video recordings. I will have a disclaimer that says something along the lines of these people are not real in the TV advert. I haven’t used anyone in the other adverts, I am the person in the TV advert. I am going to film the TV advert at home, and I won’t take any pictures or footage anywhere else, therefore I do not need to bother with location permission forms.

Royalties

Royalties are payments that a company gives to an individual for the use of their work or intellectual property. PRS for music are the regulatory body that gives musicians/music artists royalties when their work is performed, played or used. I will use royalty free music for the Effervescent TV advert so this means I can use the music however I want. If I was to use a popular copyrighted song from a famous singer/music artist, I would have to pay royalties to them and ask for permission to use it. I will put the assets in an asset log to make sure I am aware of the legality of the assets. Royalties can also be given for copyrighted images and other assets.

Representation

Representation is how different groups of people in society are shown or depicted by the media. This can include ethnic groups, different ages, genders, social issues. The client brief says that the target audience is 16–25-year-old male and females of all different ethnicities. This means I will have to appeal to the target audience and represent them. I am a part of the target audience so I will be the character in the TV advert. I haven’t represented any of these groups in a negative way.












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