Campaign proposal

21/11/17

Product:

The name of my charity will be cancer research

Target audience:

Females over the age of 60

Campaign message:

My campaign will convey that you can get stylish clothing for cheap prices

Launch date:

My launch date will start on the 15 of January 2018. I have chosen this date because it is near the
season change so people will go and buy new clothes for the season rather than thicker clothes that
they use in the winter.

Schedule of adverts:

January 15th advert 1- 1.5 weeks or 10 days

January 25th advert 2- 2 weeks or 14 days

February 8th advert 3- 1 weeks or 7 days

Location of adverts:

Advert 1 Warrington guardian, metro (free newspaper on bus services)

Advert 2 Warrington bus stops going into town

Advert 3 billboards around Widnes, Warrington and Runcorn

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.

Application to my adverts:

I will take my own photographs as it will not break the copyright law I can break this law by taking
photos taken by other photographers.

I will not copy any slogans from any other companies. I will do this by creating my own slogan for my
advert.

I will need permission from cancer research to use their logo for the advert as it will copy the logo
from the company as it is breaking the copy right law without their permission.
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.

Application of my adverts:

In my advert I am not going to discriminating against anyone in my images or text I will do this by
thinking of age groups, being transsexual person, being married or in a civil partnership, being
pregnant or on maternity leave, having a disability. Another race, nationality, ethnic or national
origin religion/belief or lack of religion/belief, gender or sexual orientation.

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

Application to my advert:

In my advert I will not give the audience false information about the charity or damage the
reputation of the charity. I will do this by giving the audience true information about the charity by
doing this I will not damage the reputation of the charity it has built. I will not make the model a
figure of fun. Therefore this does not apply to me.

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 trademarks 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

Application to my advert:

In my advert I will not take the name of different brands and companies, inventions, designs, things
other people write, make or produce. I will do this by using the company’s company name, as it is a
charity shop I will be using clothing second hand so I will be using the same design as clothing that I
bring to the photo shoot. All of the clothing that I will be using for my advert are not going to have a
logo of the brand on it when I talk photos of my model.

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.

Application to my advert:

I will not take the photos on private land and if I want to I will ask the owner if I could take the
photos there or not.

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.

Application to my advert:

I will not take photos with people in the background unless have asked for their permission to put
them in the advert. I will respect the privacy of the models private life (for example family, home,
any phone calls and emails). This does not apply because I don’t want people directing the audience
attention away from the model.

Ethical issues:
Ethical issues include things that does not break the law yet the public can take offence to.

My target audience for my advert can be an ethical issue as my model will be a woman over 60+ this
can be an ethical issue as different woman have different size and ethnicities this can be found
offence to the public and audience.

If I were to do it professionally I were to pick people from different ethnicities this is because it can
be found offence if I am disrespecting other people by just picking one person with only one
ethnicity. I will also pick people with different cultures as this can also be offence to people in
different cultures.

Representation of age:

I will dress my model in the correct clothing to represent the age group for my target audience
which is woman over the age of 60.

Presentation of the charity:

I will not damage the charity’s reputation in anyway by doing something immature or offence to the
audience of the charity.

Code of practice:
Misleading advertising rulings:

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

This applies to my advert because I will not try to sell the clothing as though they are brand new but
tell the audience that they are second hand.

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 applies to my advert because I will tell the audience the truth about the clothing not to lie and
tell them that they are brand new.

3.8: Claims for the content of non-fiction publications should not exaggerate the value, accuracy,
scientific validity or practical usefulness of the product. Marketers must ensure that claims that have
not been independently substantiated but are based merely on the content of a publication do not
mislead consumers.

This rule applies to my advert because some adverts the company exaggerates the product or
service to make sure that the audience know they are getting something worth their money most
company’s do this to make more people more likely to get the product or service.

3.11: Marketing communications must not mislead consumers by exaggerating the capability or
performance of a product.

This applies to my advert as I will not give misleading information about the charity and the clothing
for sale this reverent to my advert because a lot of company’s tell the audience.

3.22: Price claims such as "up to" and "from" must not exaggerate the availability or amount of
benefits likely to be obtained by the consumer.

This applies to my advert as I will be clearer about my price range and not exaggerate it as most of
the audience will be expecting the price range to be something that is false.

3.40: Price comparisons must not mislead by falsely claiming a price advantage. Comparisons with a
recommended retail prices (RRPs) are likely to mislead if the RRP differs significantly from the price
at which the product or service is generally sold.

This applies to my advert because most company’s they sell something via advertising they usually
tell the audience the false price to make them come to their shop or online shop to but the product I
will not do this as it will be telling the audience a lie and to persuade them to come to the charity.

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 applies to my advert because it can damage the reputation of the charity which will make the
advert a waste of the money and time that was put into it as the charity will have to take it down
and the advert will most likely be in the press and gives the charity some bad influence of the
audience that will affect them forever.

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 applies to my advert because this involves the privacy of the model as the photos I will be taking
the photos at home I might catch something that will give away the privacy of them model.

Basic rules:

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

This will apply to my advert because I will have to be truthful, legal, honest and decent as it will have
an impact on the audience.

1.5: No marketing communication should bring advertising into disrepute

This will apply to my advert because I will not damage the advertising industry.