Campaign Proposal

Product:
British Red Cross.

Target audience:
The gender for my advertisement for this charity will be both male and female. The age for
the advertisement campaign for the British Red Cross is 24-28.

Campaign message:
To look your best for not much money.

Launch date:
8th September 2018. I had chosen this date because it is the start of autumn and in that
season it is going to get colder for people who are homeless and who are vulnerable for the
upcoming crisis that may happen in the near future.

Schedule of advertisement:
August 5th advert 1 for 1 month.
August 26th advert 2 for 3 weeks.
August 31st advert 3 for 2 weeks.

Location of advertisement:
Advert 1 – Newspaper on the Daily Mail
Advert 2 – Billboards in London and Manchester.
Advert 3 – Bus stops posters in Liverpool, Widnes and Warrington.

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.

This applies to my advert since the charity logo is important to my advert and I have to ask
their permission to use their logo.
To prevent breaking this law I am going to use my own slogan for my adverts. I am not going
to use anyone else’s slogans.
I can’t copy anyone’s photos as this would be breaking the law so I am going to take my own
photos and use them in my print adverts.
If I were going to do this professionally I am going to ask their permission to use their logo
and their slogan.

The 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.

This applies to my advert since I am not going to discriminate anyone in my print adverts.

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 trade marks 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

This applies to my photographs since I can’t have any logo or slogan on the models clothing.
To prevent this law from breaking I must make sure that there isn’t a logo anywhere on the
clothing e.g. Nike logo.
If I were doing this professionally I will have to ask the charity their permission for their logo.

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.

This applies to my photograph since there are 2 types of land. Private and public. Public land
is used for anyone since it is made for the public. Private land is used for that person only.
To prevent this law from breaking I must ask the owner of the land if I can do a photo shoot
on their land.
If I were doing this professionally I must ask permission of the owner to take photo’s within
his/her 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.

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.
This applies to my work if anyone was in my photo I must ask their permission if I can use.
To prevent this law from breaking I must either ask the person if I can use the photo since
they didn’t know they were in it or don’t use the photo.
If I were doing this professionally I must ask people to walk behind me and not in front of
me.
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.

This applies to my work since I can’t either damage the reputation of the model or the
charity. To prevent this law from breaking I must not do anything that is insulting to the
model or the charity that I am working on.
If I were doing this professionally I must not quote down anything that could damage the
reputation of the model or the charity shop.

Ethical Issues:
If I were doing this professionally then I would ensure that I used models of different races,
genders and I would use models with disabilities. This way I would target everybody within
my target audience and I wouldn’t exclude anyone out of my target audience range.
If the model isn’t disabled then the target audience might think that the clothes aren’t for
disabled people. The models have to be different genders so the target audience know it is
for males and females. For example, if I were taking a photo in front of a mosque dressing
up like a prophet, then Islamic people may take this to be offensive act since this is a fake
prophet.
Code of practice:
Misleading advertising:
3.1

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

In my advertisement I can’t say the clothes are new since that will be misleading
advertisement and will be confusing for the public.
3.11

Marketing communications must not mislead consumers by exaggerating the capability or

performance of a product.
In my advertisement I can’t mislead consumers by saying if you buy these clothes then you
will be the most popular person.

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.
In my advertisement I must be careful of what I tell the models to wear since they may have
something offensive to people of different races.

The basic rules of compliance

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

In my advertisement I must be honest with my advert and truthful with it.

1.5

No marketing communication should bring advertising into disrepute.

In my advertisements I can’t damage the reputation of the advertisement community.

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 advert I must ask their permission to let the model to portray as a citizen of society or
works person