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Campaign Proposal

British Heart Foundation

Target Audience
Gender: Female
Age: 40+
Campaign Message
The campaign message for my campaign proposal is that anyone can look good in
fashionable clothes without spending much.
Launch Date
The launch date for my campaign proposal will be on September 23rd 2018 as this is the date
that autumn time will start in 2018, where it will get cold and windy outside, and people will
be wanting to look for nice clothes that will keep them warm over the autumn season.
Schedule of Adverts
September 23rd Advert 1 2 weeks
October 7th Advert 2 2 weeks
October 21st Advert 3 1 month
Location of Advertisements
Advert 1: Liverpool One Town Centre Bus Stops and Billboards
Advert 2: Liverpool Echo and Warrington Derby Newspapers
Advert 3: Warrington Golden Square and Warrington Guardian.
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.

I will make sure this will not affect my work in any way as I will be taking my own photographs,
making my own slogan, but if intended to use another company’s products I will need permission to
be able to put their products in my adverts although that will not be necessary as I will be creating
my own material such as photographs and a slogan for the advert.

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.
I will make sure this does not affect my work as I make sure those in my advert will be
treated with fairness and will not discriminate those involved in a way that will be seen
racist or treating the public with disrespect

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.

Types of protection
The type of protection you can get depends on what you’ve created. You get some types of
protection automatically, others you have to apply for.

Automatic protection
Protection you have to apply for
Type of protection Examples of intellectual property Time to allow for application
Trade marks Product names, logos, jingles 4 months
Appearance of a product including, shape,
Registered designs 1 month
packaging, patterns, colours, decoration
Inventions and products, eg machines and machine
Patents Around 5 years
parts, tools, medicines

In my work, I will not intend to copy or steal the any products or brands without the
permission of those to allow me to use their products and brands. I will not in fact copy
whatever is written, made or produced by another such as a slogan which I will be making
myself.

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.

For my work, I will not trespass on a person’s possessed land without their word for me go on their
land.

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.

The effect this has on radio:


This means that they can't tell the listeners people’s full names or any private details they don't
want revealed. For example if a viewer calls in but they don't want their name to be revealed then
they can't say it.

The effect this has on television:


This is also basically the same as radio, they can't use people’s full names without their consent. This
also means that if they take footage of someone they need to get that person’s permission before
they air it on television.

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.

For my work, I will respect those that will not want their personal information shared upon without
their permission as this will wrongly be used.

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.

I will make sure this law will not affect my advert as I will make sure that I will not give a bad
reputation towards the charity’s name or even damage the model’s reputation in the advert, which I
will do this by making photographs to the highest quality.

Ethical Constraints
For my representation of my work, I will be using a female model that will be within the age
of 40+, however this does not represent everyone that can be involved in my campaign. If
this was done professionally, I would be using models of each gender and different ages so
it can be suitable to everyone. My work will not offend or discriminate anyone due to their:
age, religion, sexual orientation, gender or disability.
Code of Practice
I The Code applies to:

a. advertisements in newspapers, magazines, brochures, leaflets, circulars, mailings,


e-mails, text transmissions (including SMS and MMS), fax transmissions,
catalogues, follow-up literature and other electronic or printed material

b. posters and other promotional media in public places, including moving images

c. cinema, video, DVD and Blu-ray advertisements

d. advertisements in non-broadcast electronic media, including but not limited to:


online advertisements in paid-for space (including banner or pop-up advertisements
and online video advertisements); paid-for search listings; preferential listings on
price comparison sites; viral advertisements (see III l); in-game advertisements;
commercial classified advertisements; advergames that feature in display
advertisements; advertisements transmitted by Bluetooth; advertisements distributed
through web widgets and online promotions and prize promotions

e. marketing databases containing consumers' personal information

f. promotions in non-broadcast media

g. advertorials (see III k)

h. Advertisements and other marketing communications by or from companies,


organisations or sole traders on their own websites, or in other non-paid-for space
online under their control, that are directly connected with the supply or transfer of
goods, services, opportunities and gifts, or which consist of direct solicitations of
donations as part of their own fund-raising activities.

Misleading Advertising
3.1

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

For this, I will not materially mislead or intend to mislead any marketing
communications.

3.2

Obvious exaggerations ("puffery") and claims that the average consumer who sees
the marketing communication is unlikely to take literally are allowed provided they do
not materially mislead.
I will not exaggerate to anyone who sees the marketing as I will not intend to mislead
anyone.

Harm and Offence


4.1

Marketing communications must not contain anything that is likely to cause serious
or widespread offence. Particular care must be taken to avoid causing offence on the
grounds of race, religion, gender, sexual orientation, disability or age. Compliance
will be judged on the context, medium, audience, product and prevailing standards.

Marketing communications may be distasteful without necessarily breaching this


rule. Marketers are urged to consider public sensitivities before using potentially
offensive material.

The fact that a product is offensive to some people is not grounds for finding a
marketing communication in breach of the Code.

I will make sure the marketing communications will not cause any serious or
widespread offence. I will do this by avoid causing offence to anyone’s age, race,
religion, gender, sexual orientation or disability.

4.2

Marketing communications must not cause fear or distress without justifiable reason;
if it can be justified, the fear or distress should not be excessive. Marketers must not
use a shocking claim or image merely to attract attention.

I will make sure that my work will not cause fear or distress to anyone without a
justifiable reason as I will want to attract attention without using a shocking claim or
image.

The Basic Rules of Compliance


• 1.1
• Marketing communications should be legal, decent, honest and truthful.
• 1.5
• No marketing communication should bring advertising into disrepute.
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.

In my work, I will not unfairly portray or refer to anyone in a way that will be defined
as offensive, unless permission has been given to allow me to do so.