Legal and Ethical Issues:
- Copyright music: The music which we use in the background of our advertisement, if any is used at all, will either have to be free to use for everyone and not under any form of copyright. For example, if a song is used by a particular artist and the owner doesn't give permission, it breaks the rules of 'prohibiting the copying of material without the permission of the copyright owner' (ASA copyright 2011). This could lead to consequences as minor as the video audio being removed by youtube, the video being flagged altogether so publication is no longer a right, or as major as being taken to court. So, to avoid these issues, we will either have to use generic background music which is built into most modern apple softwares, or ask permission from the audio copyrighter to use their song.
- Copyright of ideas: The idea that we have, as I stated in a previous blog post (AS2:T2) is based around the Youtube personality HowToBasic's quirky videos. According to Admedia.com, a creator of a video likes to 'identify as the creator', meaning that 'proper credit' and recognition' is ensured. So if our group takes full responsibility for our concept, it could be flagged again by Youtube and cause some uproar from viewers claiming copying. This means at the end of our advertisement or in the description below, as well as on my blog post, I will haver to offer some credit to HowToBasic for inspiring the advert.
Codes of practice:
- Risky Content: Before an advertisement is published, it must be authorised by advertisement agencies and legal authority. If an advertisement is released that contains threatening or inappropriate messages or behaviour, it is at risk of being removed, and even the creators being sued. So when we are creating our advertisement, we have to ensure that there is nothing which a child or an adult could disagree with, as well as report. Our concept is humorous in my opinion, and the only aspect I think we need to be cautious with is the amount of mess made, and the way in which we mix the ingredients together. For example, no punching or throwing aggressively to encourage violence, or showing images which could accidentally seem suggestive, like HowToBasic himself. Anything can be a problem if it's offensive to someone, for example a Gucci advertisement was reported to the ASA in 2015 for showing a perfume model as 'dangerously thin'. From here, an assessment had to be carried out and concluded with the advert being prohibited from publication in it's current form.
- False Advertisement: When an advertisement is published, it must be ensured that claims aren't being made that won't actually come from the product, especially if it's set from a realist narrative. If the advertisement is made in a surrealism style, then it is hoped that people won't take the motives seriously, for example: 'Redbull gives you wings'. However, in October 2014 a man from America actually sued Red Bull and took them to court, as he didn't get the wings he was promised. According to newspaper The Telegraph, the conclusion was for red bull to either pay $13 million, or give each consumer $10 as an apology. After reading this article, I think we need to be incredibly careful with our advertisement, ensuring not to make any false claims such as 'Organic' or 'Healthy', as the product isn't either of those. Also, we can't include anything in our advertisement that isn't in the product itself, or write anything on the label that could be taken as deceiving.
- Product placement: It is essential that when an advertisement is filmed, any props or extras have no logos on them that represent another product unless permission is given. However, product placement is given with permission when a company wants to gain popularity. If the product is included in a programme or an advertisement, it has to be mark with a specific logo created by the ASA, otherwise legal issues could arise.
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