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Campaign Proposal

Product-

Target Audience-
My target audience is going to be 20-25 females
Campaign Message-
My campaign message is that anyone can wear charity clothes and still look
good and feel amazing in the clothes they are wearing.
Launch Date-
My launch date is going to be the 15th April, this is because this is the date Save
the Children was founded but also the clothes are going to be flowery and
clothes suitable for spring.
Schedule of adverts-
15th April- Advert 1 which will be up until 20th April
20th April- Advert 2 which will be a billboard which up for a month
22nd April- Advert 3 which will be up for a week
Location of Adverts-
Advert 1 will be portrait in the Warrington Guardian
Advert 2 will be up around Bank Quay Station and lots of other billboards
around Warrington.
Advert 3 will be put on all Warrington buses and bus stops.
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.

For my adverts I’m going to be using my Charity’s logo. I will get permission to
use the company’s logo. My photograph will be copyright free as I will take the
photo myself.
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 means that I won’t do anything that will discriminate or offend anyone. If I
was doing a professional shoot I would have more diversity.
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

For my advert I will not use branded clothes.

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.

I will not take any photos on private property without permission. I will take
photos in public places or at home.
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 means I will not take pictures of people without their permission and I will
not use the photo if they don’t want to be in it.

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 mean I will not do anything to hurt the charity or the model’s reputation. I
will not convey something that isn’t true either.
Ethical constrains
The equality act is a law, it should be taken into account this can be ethnicity,
age, sexuality and gender. This means I will not do anything that could offend
anyone by using a model in the wrong way. But I will also include lots of
different people. If I was doing a professional shoot I’d aim to use three or four
models of different ages, genders and ethnicities. I will not place my model in
clothes that aren’t suitable for that age range, I will dress them in clothes that
make them look and feel good. I will respect what they wear and try and
include their style and comfort into the shoot.
Code of practice
Misleading Advertising
3.1) Marketing communications must not materially mislead or be likely to do
so.
This means I will not do anything in my adverts that will make people believe
something.
3.3) Marketing communications must not mislead the consumer by omitting
material information. They must not mislead by hiding material information or
presenting it in an unclear, unintelligible, ambiguous or untimely manner.
This means I will not lie about the clothing in the shops and will tell them
where they have come from.
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.
This means that I will not make the model do anything that could be seen as
offensive, or portray the model in an offensive way.
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.
This means that I will not portray anyone in the wrong way, and I will ask for
their permission to use them.
Promotional marketing
8.1) Promoters are responsible for all aspects and all stages of their
promotions.
This means that I will be 100% responsible for everything to do with the
adverts and promoting the charity, so if I do something wrong with the adverts
I am to blame and no one else.
Basic rules of compliance
1.1) Marketing communications should be legal, decent, honest and truthful.
This means that I can’t do anything illegal within my advert.
1.5) No marketing communications should bring advertising into disrepute.
This means that I will make sure the advert will not disagreements will
happen over the advert.

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