Tuesday, 9 April 2024

LO2: Legal and Ethical constraints on the creation of the campaign

LEGAL

In advertising specifically, the primary laws that are put in place are laws of Intellectual Property Rights, such as Copyright. Here is an explanation of these laws and how they individually affect me and the creation of my campaign. 

Intellectual Property Rights: Intellectual Property itself is protected by laws which give creators exclusive rights to their creations , allowing them to make money off of them without someone else stealing and using their original content. examples of these laws are trademark, patent and (what I need to be aware of/cover) copyright. 

Copyright: Ensures that intellectual property is protected from being plagiarised without permission from the original creator. An example of this could be me using an iconic character owned by someone else, such as Mickey Mouse, to endorse my product. In order to do this I would need to get permission from the property owner, Disney, to use the charcacter. Not doing so could result in serious consequences such as being sued by the content owners. This law applies to all content owned by other people, such as brands and images. 

I will avoid this law when creating the content for my promos by taking all photos/recording all my videos in locations where I have gained permission to film/shoot there. For example I have gained permission from my client to record in their kitchen and use the images they have taken in the past to create my social media posts/graphics. I have also gained permission from her to use her logo in any of my advertisements. By taking these precautions I am adhering to the laws of copyright and not falling into risk of getting sued as i am not using another studios/companies/ individuals content without permission. I will not be using photos taken by anyone else. 


REGULATORY BODIES

As well as laws, I also need to be aware of the regulatory bodies that govern advertisements, as not conforming to their guidelines could result in my advertisements being taken down. The only advertisements that I don't need to consider when it comes to the regulatory bodies era the social media posts, as social media is completely self regulated by the apps themselves. 

ASA: The ASA are the Advertising Standards Authority, who regulate all of Radio and TV advertisements. As I am not creating a radio AD and my audiovisual promo will not be shown on TV, I don't need to consider this regulatory body when developing my promos. However, if my audiovisual was shown on television I would have to ensure that it conforms to the ASA's advertising codes. They receive complaints from consumers and businesses and asses the advertisements to make sure they are not; misleading, harmful, offensive and/or irresponsible. If my AD received a lot of complaints it would be taken off the air. I would then have to edit he AD to address the complaints. To conform to the ASA's standards, I made sure my audiovisual promo doesn't mislead the audience into buying a false product: it directly shows the audience many of the products they could request and tells them how to contact my client. The content in my audio-visual doesn't breach any guidelines and wouldn't be taken down if it was shown on TV. 

ETHICAL

Ethical issues are different to legal as they are more to do with morals and values, I can't face legal trouble for being unethical. However, ethical issues are just as important to consider when developing my advertising campaign as being unethical when creating media products may cause the peoples/consumers opinions of my clients brand to decrease. This would most likely result in me as an advertising company being fired from promoting The Amazing Cake House, as well as giving me a negative reputation that would impact the likelihood of other companies hiring me.

Some of the ethical issues i have to be aware of are:

- Whether the content i'm including in my product is age appropriate. As my campaign is trying to target ages 18+, so I have to ensured that my visuals and content represent this. However, this want a huge issue in development as the campaign plan never included anything harmful to younger ages such as violence or inappropriate content. This is because my campaign is trying to embody a more celebratory and hopeful sprit of a wedding.

- How my product is representing certain groups or causing harm to certain groups. As my campaign is advertising cakes made for people from any ethnic background I have made sure my campaign targets a very general audience with no specification of who the audience are. This means that whoever approaches the campaign can see themselves as a potential customer and wont feel excluded/turned away by the content of the campaign and who is represented as a customer. 

- Whether my product mistreats animals. This ethical issue doesn't apply to me as no components of the campaign include animals.

- My product not having an editorial bias.

- Whether my product uses accurate/factual information. 

The last two ethical issues also don't apply to me as the media I'm creating (an advertising campaign) isn't intending on reporting on any type of political stance as my clients brand has nothing to do with real world issue or debates. 

Another ethical issue I had to consider relating to the creation of the campaign and not the effects of the campaign itself is the health of the production crew. During filming I made sure to take precautions to keep the health and safety of my actors high. For example I taped down any cables from my lighting equipment together and on the floor, that way I reduced the risk of my actors falling over/getting hurt. I also made sure to have an available supply of food and drink nearby so that my actors wouldn't become fatigued/worn out. Filming didn't take too long so it didn't wear my actors out being on set, however if I was filming for an extended period of time I would make sure to create a clear schedule with breaks in between filming so that the crew is fully aware of the time they would be working and for how long, so that they can prepare accordingly. These precautions that I took not only ensured everyone on set was safe and happy, but also improved the final audiovisual product, as if they were worn down it might've shown through their performances and made the AD seem a lot less relaxed/calming. 




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