Constraints

Time
One factor that could affect time would include the availability of the personnel involved in
making the product such as the actors, videographers, marketers and video editors, since
these people have other projects they could be working on or other things they may want to
be doing so making sure their schedule will fit with ours so they can work on the project; the
main factor that effects our time is the deadline which we have to work toward with little to
no flexibility based around it.

Cost
The cost of both collecting information from research and the cost of putting up ads may
vary depending on how do these two things and what methods you use, this can range from
having to spend little to no money if you utilised the internet for most of your research and
advertised on websites or apps that are less mainstream that your target audience may use
to spending thousands if you used nearly every research resource available and chose very
high-profile advertisements.

Personnel
The amount of personnel will correlate directly with the amount of money you spend since
you will need people to help you conduct your research and you will need people to design
the advertisements for websites whether it be a simple ad for a website or a video ad like I
will be doing, when it comes to a full blown video ad it will require people to record the
video footage appropriately, someone to make sure the equipment, set and office is safe
and someone to edit the videos, all of which will need to be paid so the amount of
personnel will also vary depending on how high a profile or quality you want to have behind
your product.
Resources
Resources will include a video camera to record the ad, a set/area to record the ad, a set of
computers with software on them to edit the video together and do the research, this will
all need to be in some sort of office or room which will also in turn require a bathroom,
canteen and a set of first aid kits so that all the personnel working on this advertisement
and marketing scheme their needs while they are working on this project.

Codes of practice
There are a fair amount of laws and guidelines that give a very clear idea on what websites
and TV can include. Some are very specific, but most others can be pretty vague and create
some loopholes and uncertain guidelines. One example of these vague rules would be the
law detailing that you cannot feature any persons in a video without their permission which
will end up raising questions such as what would happen if your filming a crowd or if the
person is unidentifiable due to the distance or density of people, it would be extremely near
impossible to get the permission from everyone in the video and would be extremely easy
to miss and not include a random passer-by. There are many exceptions that have been
made that have been made under the Copyright Designs and Patents Act of 1988 but the
uncertainties in this area still exist, the codes of practice will affect the way I make my
product heavily since they are literally legal guidelines that I must follow if I want to keep
the advertisement of this product up and/or profitable.
Copyright
The copyright and patents act, established in 1988 is a law used in the UK that gives creators
the rights to music, film literary and art works so they can control how the material is used,
this includes how it is: broadcasted, copied, adapted, issued, rented and how it is lent to the
public; copyright over someones recorded work usually lasts around 25-70 years after its
release to the public or after its creators death.

While making an advert, you must make sure that you do not breach copyright laws, which
basically means that you shouldnt use someone elses product within yours without them
giving you permission. An example of how this works could include you do and the person
who created the product doesnt like/support what youre advertising or showing within the
advert they could take legal action against you, of course this isnt the only situation in
which you could be taken to court for copyright but it is a possible scenario.

The law gives creators the rights to music, film literary and art works so they can control
how the material is used, this includes how it is: broadcasted, copied, adapted, issued,
rented and how it is lent to the public. Copyright over someones recorded work usually
lasts around 25-70 years after its release to the public or after its creators death. This of
course means the copyright and patents act will also protect the advertisement that I decide
to create, checked/approved of by the client and released to the public.

The way this affects our product will be if we were to use multimedia products within our
product that werent made by us, when we do something like that we will have to gain
permissions to do so, so this would affect the possible images, videos, sounds, graphics,
effects, logos or symbols that we use within our energy drink advertisement, I could avert
this issue in graphics, effects, logos and/or symbols by making my own for the product and
making the logo completely from scratch, to avoid it in the audio I could use sound effects
and music that are royalty free but for pictures and videos I will probably have to gain
permissions from the creator to be able to use them within my media product, taking this
approach should minimalize any possible issues with breeching any of the laws revolving
around copyright.
Clearances
If I do not use the correct clearances while creating this media product it could end up
having its distribution prevented in multiple countries/territories or over certain media
which could in turn prevent me from gaining anything from making the product.

If my advert were to include any forms of media that another person has made or were to
include a place that was owned by someone, I must try to gain a clearance from them to
include the location/product. The way I gain a clearance is by pretty much asking permission
but in order to accept they can do one of two things, transfer the rights to me, which most
certainly wont happen for just an advertisement. The second and more likely solution
would be for them to just give me a licence, which allows me to use the media or show the
location in my product due to them granting me additional copyright permissions.

Libel
The defamation laws are against advertisers, journalists and any other people who
broadcast to the public in any facet using their connection to the public to lower their
reputation or defame someone. These laws only affect your product if a part of the
broadcast clearly refers to them and the reference causes them to be subject to possible
hatred, mockery or people scorning them and to possibly be shunned by the public or
anyone lowers them in their office, trade or occupation.

More specifically libel is a type of defamation, libel is defamation shown within a written or
image format or any format that isnt through spoken words or gestures since that would
class as slander rather than libel. This affects our product since if we decide to denounce
someone in our product it will most likely be done through imagery rather than spoken
words and if we do so the person who was subject to our libel could easily persecute us for
defamation which wont be good for advertisement at all.
Ethical considerations
Data protection
The confidentiality of a customer is an important requirement. This law entails that if a
person/business were to receive the personal information of a client through their line of
work, they are to follow the confidentiality laws and not sell it to other companies. The law
also requires the company to keep hold and protect it from theft along with unpermitted
access, loss or usage.

This is not only important because of legal reasons but also for keeping a good relationship
between ourselves and our clients so we can carry on to aid each other while advertising
and creating products, confidentiality is important in our case since we will have to keep the
information of our customers safe if we were to acquire any of their information through a
website we may own which could hold their contacting information and possibly their
buying habits if they were to buy directly from our site.

Privacy
The privacy laws are fairly similar to that of the confidentiality laws in that they protect a
persons identity. The way this law protects someones identity in all forms of media is that
if a person is heard or seen in a video, photo, sound recording or anything of that matter
that they are removed whether it is via muting, blurring them out or retaking the recording
if they havent signed a form of consent. Privacy laws will affect us primarily with the ad
since the recording of the ad may catch someone in the recording accidentally in which case
we will either have to re-record, blur them out or ask permission.

Decency
The decency laws are very strongly enforced and it affects advertising in a way which affects
the channels an advert can show on, the time it comes on the channels it is on and for the
internet it also effects the websites that it can be shown on. The decency of a product is
determined by factors such as, violence, gore, drug usage, obscene language, sex, nudity
etc.

The decency laws affect TV more than websites since the majority of websites allow pretty
much any advertiser with money to advertise on the site whereas bigger and more popular
sites are a lot closer to television when it comes to advertising in which they only allow
appropriate advertisements for appropriate products show on the site.
The way this law is enforced is that the age ratings are done very strictly and accurately
based on factors like the ones I mentioned earlier, once age rated the rating is put on the
front cover of the product so people are aware and the higher rating tend to be put on the
top shelves at a store to avoid someone too young accidentally coming across it. The way it
will affect our advertisement specifically will be the times it will be shown on TV and what
websites it will be allowed, if it is of a higher rating it will be shown at a later time and will
be shown on less websites than if it hadnt, Im aiming to have a lower rating for the
advertisements.

Representation
The ethics and laws around representation in advertisements are based around
minimalizing any possibility of offending any group of people such as people of different
gender, races, religion and sexualities. Painting anyone from a differing group to me in a
negative light or showing a clear bias to one group over another can result in legal action
being taken against me.

Possible ways I could breech the laws placed on representation in my advertisement could
include if I were to display negative stereotypes of any race, religion or sexuality, another
way would include stating or showing that a certain group of people are or have to be a
certain way because of my personal beliefs and wanting to push my views on how the world
along with the people in it should be.