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Campaign proposal

Product

Debra

Target audience

Gender: female

Age group: 30-50

Aimed at women who don’t want to spend a lot of money on clothes and still want to look good
wearing second hand affordable clothing.

Campaign message

The advert will have the message that you can still be comfortable and look good in cheap affordable
clothes from a charity shop.

Launch date

The launch date will be on the 1st of May because this is when women aged 30-50 may want to go
and buy new clothes for the summer. They may also want these clothes if they are going on holiday
over the summer and don’t want to spend a lot of money when it could be used on something more
valuable to them. This launch date is a good idea because summer is a time where women need to
buy new clothes because they want to look good and be happy in new affordable outfits that are fit
for the summer weather.

Schedule of adverts

1 May 1st = billboard advert for 1 week

2 May 8th = Advert in The Metro and Warrington guardian for 3 weeks

3 May 20th = advert on buses and trains

Location of adverts

Advert 1 will be up in Warrington and Liverpool to advertise the charity shop clothes from Debra.
Putting these advertisements around these areas will draw attention to the charity shop because it is
based in Warrington and is easy to access.

Advert 2 will be on most transports in the Warrington area because a lot of people read the metro
because it is a free paper on busses and trains. The adverts will also appear in the Warrington
guardian so that people are aware of the Debra charity shop that is located in the Cockhedge centre.

Advert 3 will be on the side of trains and busses so that when the transportation vehicle goes passed
people may see it and be aware of the Debra charity shop and it may tempt them to buy something.
Legal and ethical

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:
This law prevents me from using other people’s music, logos or photos if I do not have
permission to use them.
I will not break the copyright law because I will be taking my own photos and I will be given
permission to use the Debra logo in my advertisements.

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: I will not do anything that may discriminate against someone in my adverts because if I
do so I will be breaking a criminal law and will then will result in a fine or jail sentence.

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, e.g. machines and machine
Patents Around 5 years
parts, tools, medicines

Application: I will apply this to my work by not having any logos that I don’t have permission for in
the adverts for Debra. I will use Debra’s logo but I will have permission for this so I will not be
breaking any laws.

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.

Application: this law prevents me from damaging the models career by making a mockery of them.
I will prevent breaking this law by not making my model look like a buffoon. If I did make a mockery
of my model it would also be damaging Debra’s reputation by making a mockery of someone that is
representing Debra’s charity shop.

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: the trespass law stop me from going onto someone else’s private property and taking
photos. I will avoid this law by taking photos on my own property or ask for permission to take
photos on someone else’s property so I do not get a fine.

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: this stops me from taking photos of people without permission this doesn’t really apply
because I won’t be taking any photos in busy public areas and I will also have permission from the
model in the photos.

Ethical constraints
I will not cause any ethical issues in my work although one problem may be that I will only
have one model of one gender and ethnicity which implies that the advert and clothes are
just for them (which there not). If I was doing this professionally I would have more than
one model of different genders and ethnicities.

Code of Practice
Misleading
3.1 - Marketing communications must not materially mislead or be likely to do so.
This rule made by the asa means I cannot say that the clothes in the advert are new because
if I did that would be misleading advertising because clothes from a charity shop are
3.17
Price statements must not mislead by omission, undue emphasis or distortion. They must
relate to the product featured in the marketing communication.
I will avoid breaking this rule by not using prices in the advert as I am not sure how much
items may be or making certain items look cheap if it isn’t.

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.

I will avoid breaking this rule by not treating anyone in an offensive way or using offensive
images in my work as this may offend many people I am advertising to.
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 avoid breaking this rule by not including anything in the adverts that may be
considered offensive because this would be in breach of the code.

Basic rules of the code

1.1 - Marketing communications should be legal, decent, honest and truthful.

I shall avoid breaking this rule by making everything I do legal, decent, honest and
truthful.

1.5 - No marketing communication should bring advertising into disrepute.

I will avoid breaking this rule by not putting the market industry under disrepute.

Plans for Campaign

Slogan: Fashionable, comfy clothing

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