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Campaign proposal form

Product
Cancer research UK

Target Audience
21-30 year olds, male and female, who are interested in finding vintage and cheap clothing.

Campaign message
My advert will show the audience that charity shops are great places to find vintage and cheap
second hand clothing that still look stylish and high quality.

Launch Date
28th May 2018
I have chosen this date because the weather will be starting to get warmer and brighter in England
so this will prompt my target audience to consider cancer research UK charity shops as a way to
purchase their summer wardrobe.

Schedule of advertisements
Advert 1
28th May – 14th June 2018
Advert 2
4th – 22nd June 2018
Advert 3
15th June 2018 – 27th June 2018
Location of advertisements
1. Warrington, Queens Gardens
2. Warrington, Bank Park
3. Church Gardens (find actual name)

Legal
Copyright and designs patent 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 need permission to use the logo in my campaign. My slogan cannot be the same as any existing
advertising campaigns so I must create my own slogan. My photographs cannot be taken by anyone
else so I must take the photographs 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.
I will apply this to my work by not having any discriminatory language or themes in my images or
slogan.

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 must avoid using other brand logos in my photographs by carefully choosing the wardrobe.

Trespass
Trespass to land consists of any unjustifiable intrusion by a person upon the land in possession of
another. I will apply this to my work by not using private property to take my photos.

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.
I must gain consent from my models to use their image in my advertising campaign to not breach
their privacy.

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.
I will not use my advertisements to damage any person or businesses’ reputation.

Ethical
Equality and representation
My models will show a broad representation of who our target audience is. This is to not
misrepresent or offend my target audience by not having all of my models with the same skin colour.
My models will all be a group of people who positively represent my target audience. If I were to be
doing this campaign professionally I would attempt to cover as many ethnicities, sexualities and
cultures as possible.

Code of practice
Misleading Advertising
3.1
Marketing communications must not materially mislead or be likely to do so.
3.2
Obvious exaggerations ("puffery") and claims that the average consumer who sees the marketing
communication is unlikely to take literally are allowed provided they do not materially mislead.
3.6
Subjective claims must not mislead the consumer; marketing communications must not imply that
expressions of opinion are objective claims.
Application
I will apply this to my work by not using false statements in my advertisement.

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.

I will apply this to my work by not including any content in my advertisements that will directly
offend my audience.
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.
I will apply this to my work by not connecting any content to my model’s personal views. I will also
get permission from my charity to connect their logo to the advertisement.