Assignment: Produce an extended piece of written text discussing the legal and ethical constraints of your planned advertising campaign.
Legal Considerations...
Legal considerations to think about when producing an advertising include;
- Copyright and Patents Act 1988 - this enforces the promoter to use royalty-free content only, unless they have permission from the original creator to use the content (even if that means paying a small - or large - license fee)
- This also means that the original creator, in the case of content infringement, has the right to file a penalty order against the promotion or company behind it if they do not ask/seek permission before they use the content
- Usually, especially within social media, the commercial will give credits to the original creator before or after the content is being used - for example a background soundtrack is someone else's intellectual property which means that if it is used without permission this is a form of stealing - so the creator is usually required to at least give credits for the soundtrack or video (AV) footage
- An example of this is in the news - the news report will generally give the location or source of a video or image or report.
- For example, in April 2020, the NBC reported that YouTube is working on a rival service to TikTok called "Shorts" - in this report, the NBC gave the source (YouTube CEO Susan Wojcicki) and the location (San Bruno, California).
- These considerations are vital when producing the campaign as they will help keep the creator(s) of the commercial out of trouble and legally stable
Ethical Considerations...
- Ethical values are a worldwide issue that always needs to be taken into consideration, for the best interest of the producer as well as the audience
- The ethical values (Core Ethical Values) cover topics such as staying away from;
- Discrimination
- Prejudice
- Bias
- These apply to anyone within modern society and ensure that nobody (or group) is left treated badly or is taken advantage of because of their upbringing, appearance or beliefs and values
- Ethical values are a mandatory regulation within the developed world and help bring people together in harmony so that they can collaborate, communicate and socialize in a professional, respectful manner - regardless of their faiths or background
- I will need to consider these values when creating my campaign so that it does not go against these values and follows the legislation - so that my campaign is created without vulgar, questionable or discriminative content and keeps the reputation of the company, its associates, and the customers state of mind in the best state possible for advertising
Regulatory Considerations...
- Regulations to consider within creating commercials, in order to follow the legislation set by the ASA and OfCom societies
- This includes certain specialized guidelines such as;
- No customers are misled, harmed or offended by commercials
- Maintains a level playing field among businesses
- Good for the economy - keeps businesses from getting into sticky situations such as a courthouse judgement or penalty(ies)
- It helps to keep up with evolving industries such as the internet and mobile industries as well as online streaming (VoD) services to ensure that the consumer-producer relationship is healthy and maintained, for the sake of the industry
- I will have to consider these regulations in order to be comfortable with the competitive industry of commercial advertisements as well as be able to professionally produce a law-abiding commercial ad campaign which can be viewed on all mediums without being prosecuted for or criticized against
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