M2: LEGAL AND ETHICAL ISSUES

> How are you representing the actors or place?

The main purpose of the audio-visual video is to promote, so I will be representing primarily the
place of Cambridge city as a positive, welcoming place that will hopefully encourage my target
audience of tourists and students.

> How will you make sure this is a positive representation?

In the promotional video, I aim to cover several cultures that make Cambridge the city it is. It will
maintain a positive depiction throughout by containing the citys highlights and main tourist
attractions. When covering the cultures, I will make sure to show safe and welcoming aspects and
not feature any dangerous elements that would give a negative outlook on the audience, and
discourage the audience.
The editing stage of post-production will help when presenting the best look of Cambridge, by
delivering a bright and sunny look of the city to create a positive and friendly atmosphere. If the
product contained dim lighting and stormy weather, the audience would less be likely to want to
visit. The music will emphasise the genre and mood of the promotional video

> How will you make sure your product wont get banned?

I will make sure that the background music I use in the promotional video is copyright free or
created by myself to follow the Copy Right Design and Patent Act. If I create my own music, it
would make the music my intellectual property however if I use copyright free music from YouTube,
I may be requested to reference the artist.
Furthermore, in my script for the voice presenter, I will not include any information that will often
viewers or defamation to a character, one reason being it is relevant or the purpose, and the
second being it risks the product being complained about or banned from a advertising platform.
I will also make sure all the content featured in my promotional video has been granted permission
to use, for example; shop windows or restaurant logos. This goes for people as well. If I use any
footage that are close up shots of the members of public, where it is obvious it is that person, I
would make sure to get their permission in writing.

> The ASA/OFCOM are in charge of your finished product. Find any three of their rulings
which MIGHT apply to your product.

ASA : Advertising Standards Authority

Harm and Offence

There was a complaint issued against MTV Networks Europe for their TV advert for a competition
related to the film Nerve.

Welcome to Nerve. Nerve is like truth or dare, minus the truth. To celebrate the release of Nerve,
we are giving you the chance to win a cash prize. We just want you to show some nerve. Head to
mtv.co.uk/nerve to choose a dare, then share it at @MTVUK with #MTVGOTNERVE to enter. Are
you ready to play?. The voice-over was accompanied by scenes from the film, including a man on
a skateboard holding onto the back of a moving car, a man hanging from a crane and a man lying
between train tracks as a train passed over him.

The complainant challenged whether the ad condoned or encouraged dangerous practices. The
complaint was upheld by ASA as the ad breached BCAP rule 4.4 Harm and Offence. It was
considered that although the ad has a scheduling restriction, preventing broadcasts before 9 pm, it
could encourage viewers to engage in dangerous behaviour. The ad should not have been
broadcasted at any time and must not appear again in the form complained about.

Although this was advertisement for a film, the ruling still applies for my own product.
As my product promotes Cambridge, the content of my video will have to be safe with no scenes
of dangerous behaviour, for example, when on the punting tour, all scenes must be following the
rules or on the top level of the multi-storage car park, safety must be followed to stop influencing
dangerous behaviour. The video will primarily focus on the scenery, but I will minimise scenes of
the public to avoid anyone committing acts that could encourage the audience. My promotional
video will have a rating of a E, meaning I will be making sure the product is appropriate for all
ages and can be shown in tourist shops and council sites during anytime of the day, with no
scheduling restrictions.

Compliance

Compliance is the first rule of the Advertising Codes and for my product to pass ASA guidelines, I
will have to avoid making the same mistakes as these ruling examples.

For example, I intend to check the information I include to my product from my primary and
secondary research of Cambridge is from a reliable source. This will follow this rule of Compliance.
To stop any problems arising, the style in which the facts are presented will analysed carefully to
stop complaints of exaggerating or dishonest elements in the promotion of Cambridge.

Misleading Advertising
There was one complaint made against the Edgewell Personal Care company and their
promotional video about the Wilkinson Sword Hydro 5 razor offer.
The complaint was upheld by ASA as it went against the Advertising Code 03 of Misleading
Advertising. This was because the ad implied that the entire range of the Hydro 5 razor was
available at half price and did not state the significant limitations that applied to the offer. ASAs
action of the complaint was that the ad must not be broadcast in its current form and how
Edgewell should ensure that future ads do not falsely imply that an entire range is discounted
and all significant limitations are clearly stated.

Another misleading ruling is a complaint made against www.prestigeflowers.co.uk, seen on 7

October 2015, promoted a flower delivery service with text stating, Over 1 Million Bouquets
Delivered. This was upheld by the ASA as the flower company, although stating it is a
commercial fact, could not prove this or deliver documented evidence.

This Advertising Code is important to follow as it is the code that can easily be broken and
relates most to my product. To limit the chances of my video being complained about or upheld
by the ASA, all information will be clearly stated and the voice over does not falsely imply
anything about Cambridge that will confuse citizens of the city or tourists.

As a promotional video, the information is to a small extent bias towards Cambridge although I
will check my script to avoid having the same problems as these example rulings. When looking
at my script, I will make sure all the information is not falsely promoting the city and every
commercial fact is accurate, which may require further research.

The company was also upheld by going against the Advertising Code of Compliance.

Ofcom
Section 4: Religion

In the promotional video, one of the cultures I plan to explore is the culture of religion. This is
because I think it is a large culture in Cambridge and is a important element that appeals to a wide
audience. This ruling applies to my product.

To avoid breaking this rule, I will make sure that my script does not contain any bias to a specific
religion so the audience wont feel like they are being told to follow any religious views. This
applies to my camerawork, as I must not make it seem like any meaning is being created through
connotation and denotation of enforcing religious beliefs.
It is also very important I dont offend anyones belief in the product. I plan to only focus on the
religious culture through the tourist attraction of the Kings College Chapel and mainly its history as
a famous artefact.

Section 2: Harm and Offence

As a promotional video, part of the purpose is to inform the audience on reasons to visit or even
study at Cambridge. This means the information has to be factually correct or else I would be
giving a false representation to the audience of Cambridge.

Section 8: Privacy

I plan to only show buildings and areas of Cambridge, without including the public as I am
choosing to promote only Cambridge and not the people in it. The people that may feature in the
video will be by coincidence and from a distance.

No private, confidential information should not be included that would bring harm to individuals or a
group of people. With help from research, I will make sure not to film on a any private places or
locations I have not been granted permission for. I think this links to the Data Protection Act, which
is important to this product as my crew has given personal information such as their phone
numbers and email addresses. Any information they give, I must keep confidential and any
information they do not want to give, I must respect their privacy.

> Apply legal and ethical issues from Unit 2 here - which ones are relevant and why? What
actions will you take to make sure you don't get into trouble.

Plagiarism: Plagiarism could effect my product if I had stolen the idea or content of someone
else who have legal copyright. However, as it is a student production, the idea was given to us
and all content of the product created will be filmed by ourselves and

The 1988 Copyright, Designs and Patents Act is the current copyright law and gives creators the
right to control the ways in which their material is used. My promotional video will not go against
the Copyright, Designs and Patents Act 1988 as there will be no information that will be is false
or damaging to someones reputation. The only written information that will appear in my video
will be the name of the locations. For the voice over in my video, slander (which is the same as
libel but in a spoken form) will be avoided by having no scripted information about individuals
and keep the topics about Cambridge light and inviting, than defamation of character.

A legal issue that may relate to my product is the 1998 Data Protection Act. This act states how
your personal information is used by different organisations, businesses or the Government.
Researched or collected information must meet the data protection principles of being used fairly
and lawfully, in a relevant way and is kept safe and secure. This act applies to my production as I
have personal information of cast and crew for the production schedule. To support and not go
against the Data Protection Act, any personal information that is collected will be kept to a
minimum and will only be collected if the information is completely necessary to the production.
For example, contact numbers are required to share important dates and details of the shooting
locations for the video. However, to comply to the data protection principles, the contact
information will only be their school addresses and not personal addresses, as the crew are also
under the age of 18. This then keeps their private data safe and secure if the production
schedule was to get misplaced or stolen. After the production, where the data is not longer
needed, the information will be destroyed or safely given to trusted authorities to protect data
from being seen by anyone else without the individuals permission.

As my promotional video will be created by myself, the Intellectual Property Act states that I own
the product and if someone wants to use my product, they would have to ask for my permission.
However, the Cambridge City Council are the owners of the idea to create a promotional video
which technically means that, although they did not produce the video, I am working with a
company and therefore it is their intellectual property. To evidence the intellectual property of my
product, the copyright laws will be followed adding the copyright sign to the video with the name
of company and the year my video was created. The year is important because the duration of
rights makes the video my property for 50 years and then is made available for the public.