Legal and ethical issues of advertising by Sana Khan:

When it comes to advertising, it’s important to remember and understand the legal and ethical issues of what advertisers face. If one rule of conduct is broken then advertisers can face serious consequences so it is wise to do your research before you breach any advertising rules.

Copyright:

It is easy to think of an idea and expand on it but when you’ve deliberately taken an advertising idea of another advertisement, it is seen as copying and is one of the worst things ethically and legally that you could do. Copyright is when you give either a publisher, writer or anyone to use your idea or works in an advertisement. An example of this is using a song in an advert. When copyright is used, royalties have to be paid to person contributing to the advert like an artist or band. However copyright is only given for a certain period of time before it expires.

Intellectual property rights:

Like copyright, intellectual property rights is the definition for obtaining the rights to the creations of another individual. It does not cover any idea for a literary piece of work but rather the content of the work, i.e. any words written or context. This applies to an advertisement where the information comes under IPR rights but not the idea. IPR last for a certain period of time to avoid infringement.

Slander/libel:

In the media industry, to face both slander and libel is destructive and harmful to someone’s reputation. They come under the name of Defamation which involves falsely communicating information to ruin someone’s career and reputation. Slander is when defamation is verbally voiced and libel is written statements. Examples of slander could be shaming a celebrity through rumours using YouTube or any other media medium. Libel could be a biased news article or blog or webpage deliberately trying ruin someone’s reputation.

Model release:

A model release is an official legal documentation which a model will sign which allows permission of their voice, identity and any photographs taken of them to be released. Without the release, photographers cannot legally publish anything which involves a model. If they do then they are breaking the law and could either face a fine or prison if they release something without a model’s permission.

Royalties:

When music is used in advertising, a patent must be requested for the use from the owner of the recording i.e. the artist/band/producer/writer because they own it and cannot have it published in something that is not theirs. Royalties is the term used for the sum paid to the person or people who own the music. They must be paid a substantial amount due to the ownership and the length of the music used.

Violence/offensive language/behaviour/material:

Advertising with offensive and violent themes are usually banned by the ASA because they are not deemed for suitability to be viewed by the public. Advertisers have to make sure that their advert is suitable for the public to be viewed either on billboards, on TV or anywhere for that matter. Adverts also have to be classified in the correct age category to ensure that they are targeting the right

audience and so they do not show a broadcast advert at the wrong time. For example adverts with any elements of horror should be displayed after the 9pm watershed.

These elements apply to advertisements because they are guidelines that must be met if advertisers do not want their advert banned by the ASA who can deem them as unsuitable. Advertisers need to be precise in the advertisement, have no violence or offensive material and of course own the rights to the actual advertisement or credit others when due. There should not be any slander involved to avoid any legal prosecution.

ASA & CAP

The ASA is the governing body for the regulations of advertising such as billboard, television and magazine advertising. It stands for Advertising Standards Authority and has to make sure that each and every advertising campaign complies with the Advertising Codes that CAP (Committees Advertising Practice) structures and implements to ensure that every advertisement is not misleading, does not breach any form of misconduct and advertises the correct product.

The CAP code is a rulebook devised by CAP to make sure that advertisers follow the rules and guidelines to ensure that their advertisement is not breaking the law. However it also covers non broadcast advertising, any sales and promotions and marketing campaigns to ensure that consumers have reliable and up to date information and are not being misled in any way possible.

Codes for my chosen campaign and poster:

For my poster and campaign, I will have to abide by certain rules and regulations by CAP and ASA so that my adverts do not break any rules. As my campaign is for a detective style show with murder and killings involved, there may be potential violent themes and materials but only for broadcast advertising that occurs in the cinema or TV. However this will be after 9pm for the post watershed and an alternative advert that airs before 9pm for suitability purposes. I would obtain intellectual property rights especially if I briefly include someone else’s work or creation.