D1 (Unit 20): Discuss the legal and ethical constraints within the planned campaign
The following content is a written report concerning the legal and ethical constraints within the planned campaign:
Copyright & Trademark:
Ensuring that the content within the advertising campaign and product are protected under copyright and trademark laws, it will be highly unlikely for other businesses to be able to create a campaign/product with similar features and elements. This will further ensure that PhizzWizzard cannot be copied as a product, and that the ideas and themes of the campaign are protected from other businesses using them.
By making sure that trademark and copyright documentations are filed and finalized prior to the release of the campaign/product, it will ensure that PhizzWizzard is protected prior to its release, meaning that there will be no opportunity for potential theft of the content and ideas.
Furthermore, by ensuring the campaign and product is fully protected and covered by trademark and copyright laws, the brand identity is also protected. This means that no other business can steal or copy any ideas or content, making the brand completely unique to Carter Soft Drinks LTD, which will ensure that the brand and campaign cannot be confused with other businesses, making it more recognisable.
Documentations & Contractual Agreements:
The documentations and contractual agreements that must be created and signed include location release forms and model/talent release forms. Having a location release form is important to ensure that a mutual agreement between the owners/managers of the desired location and the production team is formed and signed. In this document the reason for using the location is clearly outlined, as well as the responsibilities of both parties in using any facilities (such as agreeing to pay for any damage).
This ensures that full permission and agreements from both parties are formed to use and work within the desired location (The Cuckoo Club). By having this as a hard copy (printed out form) there is proof of the agreement, which is useful in the case of possible future issues that may arise. For example, the owners of the facility may argue that permission was never granted, however having the documentation will prove that it was, which covers JT&T Productions from any implications surrounding an issue such as this.
Other forms and documentations include talent release forms. This involves any individuals acting or contributing (e.g. being photographed) in the production and filming of the advertisement signing a form to agree for their talent to be used. This will ensure that proof of agreement is created, which is useful for future references, and that the terms and conditions of the individual contributing to the advertisement are clearly defined and outlined, to ensure that the participant has full understanding of their purpose and that the work the produce will belong to JT&T Productions.
To add, it is important that any underage talent contributing in the campaign has a legal guardian present to sign permission for their contribution. This will ensure that legal permission has been granted and that the minor can be used as part of the advertising campaign. This will also ensure that the document will outline the purpose and requirements of the individual, ensuring that their guardian can fully understand what is required of their child, as well as provide evidence of their agreement in case it is required in the future.
Underage Talent:
To ensure that the rights of underage talent are not violated, it will be both ethically and legally important to ensure that individuals are given appropriate breaks, and are not made to work over the maximum time period for minors in the UK. In the UK, the law specifies that minors who work more than 4.5 hours are entitled to a 30 minute rest break. To ensure that appropriate breaks are provided to minors the schedule of production will be formed around the hours that any underage individuals participating can work. This will prevent any legal or ethical implications with legal guardians (such as being sued).
Maintaining A Positive Image:
As the location of the video advertisement is going to be held in a nightclub, The Cuckoo Club, there may be issues surrounding the ASA. Issues with viewers may arise as the campaign may be deemed inappropriate due to the location. This is because the primary target audience are minors (age 13-17) and the facility that the advert is being filmed in is a nightclub, which has a bar with alcohol. A reason that may result in the ASA intervening could be surrounding a negative image of promoting acloholism to minors, who cannot legally consume it.
To ensure a positive image of the advertisment is maintained and that no ethical issues with the ASA arise, it will be important to not include any shots and scenes of alcohol consumption/products, and ensure that the advert solely focuses on the PhizzWizzard drink.
The following content is a written report concerning the legal and ethical constraints within the planned campaign:
Copyright & Trademark:
Ensuring that the content within the advertising campaign and product are protected under copyright and trademark laws, it will be highly unlikely for other businesses to be able to create a campaign/product with similar features and elements. This will further ensure that PhizzWizzard cannot be copied as a product, and that the ideas and themes of the campaign are protected from other businesses using them.
By making sure that trademark and copyright documentations are filed and finalized prior to the release of the campaign/product, it will ensure that PhizzWizzard is protected prior to its release, meaning that there will be no opportunity for potential theft of the content and ideas.
Furthermore, by ensuring the campaign and product is fully protected and covered by trademark and copyright laws, the brand identity is also protected. This means that no other business can steal or copy any ideas or content, making the brand completely unique to Carter Soft Drinks LTD, which will ensure that the brand and campaign cannot be confused with other businesses, making it more recognisable.
Documentations & Contractual Agreements:
The documentations and contractual agreements that must be created and signed include location release forms and model/talent release forms. Having a location release form is important to ensure that a mutual agreement between the owners/managers of the desired location and the production team is formed and signed. In this document the reason for using the location is clearly outlined, as well as the responsibilities of both parties in using any facilities (such as agreeing to pay for any damage).
This ensures that full permission and agreements from both parties are formed to use and work within the desired location (The Cuckoo Club). By having this as a hard copy (printed out form) there is proof of the agreement, which is useful in the case of possible future issues that may arise. For example, the owners of the facility may argue that permission was never granted, however having the documentation will prove that it was, which covers JT&T Productions from any implications surrounding an issue such as this.
Other forms and documentations include talent release forms. This involves any individuals acting or contributing (e.g. being photographed) in the production and filming of the advertisement signing a form to agree for their talent to be used. This will ensure that proof of agreement is created, which is useful for future references, and that the terms and conditions of the individual contributing to the advertisement are clearly defined and outlined, to ensure that the participant has full understanding of their purpose and that the work the produce will belong to JT&T Productions.
To add, it is important that any underage talent contributing in the campaign has a legal guardian present to sign permission for their contribution. This will ensure that legal permission has been granted and that the minor can be used as part of the advertising campaign. This will also ensure that the document will outline the purpose and requirements of the individual, ensuring that their guardian can fully understand what is required of their child, as well as provide evidence of their agreement in case it is required in the future.
Underage Talent:
To ensure that the rights of underage talent are not violated, it will be both ethically and legally important to ensure that individuals are given appropriate breaks, and are not made to work over the maximum time period for minors in the UK. In the UK, the law specifies that minors who work more than 4.5 hours are entitled to a 30 minute rest break. To ensure that appropriate breaks are provided to minors the schedule of production will be formed around the hours that any underage individuals participating can work. This will prevent any legal or ethical implications with legal guardians (such as being sued).
Maintaining A Positive Image:
As the location of the video advertisement is going to be held in a nightclub, The Cuckoo Club, there may be issues surrounding the ASA. Issues with viewers may arise as the campaign may be deemed inappropriate due to the location. This is because the primary target audience are minors (age 13-17) and the facility that the advert is being filmed in is a nightclub, which has a bar with alcohol. A reason that may result in the ASA intervening could be surrounding a negative image of promoting acloholism to minors, who cannot legally consume it.
To ensure a positive image of the advertisment is maintained and that no ethical issues with the ASA arise, it will be important to not include any shots and scenes of alcohol consumption/products, and ensure that the advert solely focuses on the PhizzWizzard drink.
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