Campaign Proposal

Product:

Target Audience

The target audience for these adverts will be ages 30 – 50 male and female. This is
because they are interested in looking fashionable at a reasonable price because
they have to save their money for other important things such as their children or a
mortgage or a car.

Campaign Message

You can look fashionable at a reasonable price.

Launch Date

May 1st – Start of summer. People are looking to buy new clothes.

Schedule of Adverts

May 1st | Advert 1, 2 weeks

May 15th | Advert 2, 2 weeks

May 29th | Advert 3, 2 weeks

Location of Advert

Advert 1 – Bus stops in major towns and cities

Advert 2 – Billboard

Advert 3 - Magazine

Legal and Ethical constraints

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 I don’t break the Copyright, Designs and Patents Act 1988 law by
making sure the images used in the advert are my own. I will also make sure I have
permission to use the Charity’s logo in my advert. I will also make sure I come up with
the slogan on my own.

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.

In my adverts photograph and slogan I will not do anything that will discriminate
against anybody. For example gender, age and ethnicity.

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.

This will apply to my work in a sense that I do not make the model look stupid.
I also won’t damage the company’s reputation.

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.

When I am taking my photographs I will make sure I am allowed to be at and be

able to photographs at the location.

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 doesn’t apply because there will only be one person in the image and I will have
permission to take photograph of them.

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

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

I will apply this my making sure there are no logos on the clothing. Make sure there
are no trademarks in the slogan.

Ethical constraints

In my adverts, my model will be white. This is an issue because this represents my

advert to only be for white people. However, If I was to do this professionally I would
make sure I use models from different races and both genders.
Code of Practice

Misleading advertising

• 3.1

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

This means I cannot lie to the readers of the advert. For example I can’t say there is
limited stock or there is a sale on or false prices. I also cannot say that the items are
“new” as it is a charity shop.

• 3.4.1

• the main characteristics of the product

I shouldn’t lie about the quality of the product. The items should be represented as
second hand and from a charity shop.

Basic Rules

• 1.1

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

Everything in the advert should be truthful and legal.

• 1.5

• No marketing communication should bring advertising into disrepute

Everything in the advert should not discriminate, Be fair and be ethical.

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

This means that I should have permission on how I should portray my model in my
adverts.