Planning Docs- Legal and Ethical

Legal and Ethical

Legal Constraints come within the laws that might be affecting your work.Copyright-

COPYRIGHT-

Copyright is one of the main types of intellectual property. It allows the copyright owner to protect against others copying or reproducing their work. Intellectual property gives a person ownership over the things they create, the same way as something physical can be owned.

Copyright prevents people from:

  • copying your work
  • distributing copies of it, whether free of charge or for sale
  • renting or lending copies of your work
  • performing, showing or playing your work in public
  • making an adaptation of your work
  • putting it on the internet

GOV.UK. (2019). How copyright protects your work. [online] Available at: https://www.gov.uk/copyright [Accessed 14 Mar. 2019].

When i’m filming and taking my photos I need to make sure I have location permission to do so.I can’t use any artists music without their permission so using ‘free sound’ for sound effects or your own music would be the best option.

HUMAN RIGHTS ACT-

The Human Rights Act is a UK law passed in 1998. It lets you defend your rights in UK courts and compels public organisations – including the Government, police and local councils – to treat everyone equally, with fairness, dignity and respect.

Private and family life-Human right

  • the right to control the spreading of information about your private life, including photographs taken covertly.

Liberty Human Rights. (2019). The Human Rights Act. [online] Available at: https://www.libertyhumanrights.org.uk/human-rights/human-rights-act [Accessed 14 Mar. 2019].

It’s possible your camera may be seized and you may be detained and questioned.You do not need permission from someone to take their picture if they are in public view. However if they in an area where they have a reasonable expectation of privacy, you are not allowed to invade that privacy by photographing them.

Bobatkins.com. (2019). Photography, the Law and Photographers Rights – Bob Atkins Photography. [online] Available at: http://www.bobatkins.com/photography/tutorials/photography_law_rights.html [Accessed 14 Mar. 2019].

DEFAMATION ACT

defamatory statement is a false statement of fact that exposes a person to hatred, ridicule, or contempt, causes him to be shunned, or injures him in his business or trade.

Dmlp.org. (2019). What is a Defamatory Statement | Digital Media Law Project. [online] Available at: http://www.dmlp.org/legal-guide/what-defamatory-statement [Accessed 14 Mar. 2019].

Ethical Constraints are the restrictions being placed on media products in order to stop offence to the viewers and listeners. Many organisations are in place in the UK to monitor content.

Film – BBFC

The British Board of Film Classification (BBFC), previously the British Board of Film Censors, is a non -governmental organisation, founded by the film industry in 1912 and responsible for the national classification and censorship of films exhibited at cinemas and video works (such as television programmes,trailers, adverts,public information/campaigning films, menus, bonus content etc.) released on physical media within the United Kingdom. It has a statutory requirement to classify all video works released on VHS,DVD,BLURAY.(including 3D and 4K UHD formats), and to a lesser extent, some video games under the video recordings Act 1984.

En.wikipedia.org. (2019). British Board of Film Classification. [online] Available at: https://en.wikipedia.org/wiki/British_Board_of_Film_Classification [Accessed 14 Mar. 2019].

TV and Radio – OFCOM

OFCOM is the regulator for the communications services that we use and rely on each day.We make sure people get the best from their broadband, home phone and mobile services, as well as keeping an eye on TV and radio.

We also help to make sure people don’t get scammed and are protected from bad practices. This is particularly important for vulnerable or older people.Our duties come from Parliament. Our priority is to look after you, and we sometimes do this by promoting competition among companies we regulate.

We also help to make sure people across the UK are satisfied with what they see and hear on TV and radio, and that programmes reflect the audiences they serve. We consider every complaint we receive from viewers and listeners. Often, we investigate further and we sometimes find broadcasters in breach of our rules

Ofcom. (2019). What is Ofcom?. [online] Available at: https://www.ofcom.org.uk/about-ofcom/what-is-ofcom [Accessed 14 Mar. 2019].

Advertising – ASA

The Advertising Standards Authority (ASA) is the UK’s independent advertising regulator. The ASA makes sure ads across UK media stick to the advertising rules (the Advertising Codes).

Practice, A. (2019). About the ASA and CAP. [online] Asa.org.uk. Available at: https://www.asa.org.uk/about-asa-and-cap/about-regulation/about-the-asa-and-cap.html [Accessed 14 Mar. 2019].

Some Adverting rules i will have to consider when filming my clothing advert.-

All marketing and advertising must be:

  • an accurate description of the product or service
  • legal
  • decent
  • truthful
  • honest
  • socially responsible (not encouraging illegal, unsafe or anti-social behaviour)

There are regulations that restrict what advertisers can and cannot do.

As well as the regulations, there are 2 advertising codes of practise that you need to follow to help you advertise legally.

Non-broadcast media-

The CAP non-broadcast code has rules that cover non-broadcast advertising (for example print, online), sales promotion and direct marketing (such as telesales and email).

The code specifies standards for accuracy and honesty that businesses must stick to, including specific conditions, such as:

  • advertising to children
  • causing offence
  • political advertising

Broadcast media (for example TV, radio)

You must follow the CAP broadcast code, which covers issues including taste, decency and product placement.

As well as setting standards about accuracy and honesty businesses must stick to, they also have rules about things like scheduling.

General broadcasting rules

You also need to follow rules about taste, decency, product placement etc that apply to all broadcasting.

Enforcing the rules

The rules are enforced by the Advertising Standards Authority (ASA).

Anyone who thinks advertising rules have been broken can complain to the ASA within 3 months of the advert appearing.

If an advert breaks the rules, it may be withdrawn. If the product does not match the description or the advert breaks the law, you could be prosecuted.

GOV.UK. (2019). Marketing and advertising: the law. [online] Available at: https://www.gov.uk/marketing-advertising-law [Accessed 14 Mar. 2019].

Context- Historical Awareness (secondary research)

Evolution of fashion photography-

The earliest origins of Fashion Photography took place in 1911 when the publisher of Jardin des Modes and La Gazette du Bon Ton, Lucien Vogel, challenged photographer, Edward Steichen, to present fashion as a form of art.Steichen succeeded — this lead to the release of a series of photos for the magazine Art et Decoration in which models were posed at the bottom of decorative marble staircases and in front of ornate mirrors, dressed in Poiret.

Earliest known fashion photographs date back to the 1850s, in the court of Napoleon III, the use of photography as an advertising tool did not become popular until the early 20th century, when fashion itself became accessible to a wider audience.

1980’s fashion photography-

1990’s fashion photography-

2000’s fashion photography-

Evolution of advertisements-

Advertising has experienced some major milestones – think the emergence of the printing press in the 1440s, or the huge impact of television.The internet has revolutionised advertising in the most astounding way. Not only has it changed the way ads are broadcast, but it’s changed the way consumers act towards them.The first TV ad popped up on screens in 1941 in America,Such a small moment set the precedent for the next seventy years.

Back then, adverts were a staunch part of society. Despite the 50s being a tense decade for America during the Cold War, TV viewers felt optimistic and were beginning to loosen their purse as prosperity began to rise.

Characters were built around products to create a semblance of connection between viewers and brands, and famous faces were brought it to sell everything from washing machines to cigarettes.

aka the Marlborough Man, for example, who became a recognizable cultural figure between the 1960s and 1990s. The aim was to turn filtered cigarettes from a feminine phenomenon to a more masculine one with the help of rugged cowboys and a stream of moody looking men. Even today it’s considered one of the best advertisement campaigns of all time.

TINT Blog. (2019). The History and Evolution of Advertising. [online] Available at: https://www.tintup.com/blog/history-evolution-advertising-marketing/ [Accessed 8 Mar. 2019].

Adverts have developed over time majorly.The first ever advert on tv was the Gibbs SR Toothpaste Advert (1955).The video was in black and white and the quality was very poor.

This is a recent toothpaste advert that has been shown on tv-

The difference between both adverts is huge.Over time the quality has become a lot better.The advert its self looks a lot more professional.Both adverts list the positives of the toothpaste but the old advert talks a lot about how the toothpaste helps but doesn’t show it.For example,the second advert uses a type of story to promote it.It shows the lady happy and having a good time but is interrupted by the tooth ache.This makes the audience think that using the toothpaste will stop this from happening and the you will no longer be bothered by the toothache and can go out without having to think about the pain your teeth/gums will cause you.The way the first adverts keep referring back to “as cool as ice” makes it seem unrealistic because there using a simile to exaggerate the product.This is different to the new advert because they show a professional recommending the brand.

This has helped me because the way the product is being advertises results in how well it will do.Showing the results of the product and the changes it makes when buying it really helps.The audience may question “How is this different from other brands” and you need to show that as much as possible.

Evolution of online shopping-

The Internet has changed the way we shop. Even those of us who do not regularly buy online use search online for prices, product specifications and availability before heading to the high street.Retailers in the UK recognise that the internet is transforming the way that customers shop, re-shaping the high street as a result. Many of us now shop from our homes and on the move unrestricted by store opening times.Research by IMRG suggests over 60 per cent of smartphone shoppers are planning to do their Christmas shopping by phone. Many of these shoppers admit to show rooming, a technique that involves browsing high street stores to find the product they like and then by buying via a smartphone or tablet computer at whichever online retailer offers the best price.Only 20 years ago most of us were oblivious to the existence of the internet as a place to shop. Tesco and Asda dabbled with home shopping services via the computer in the mid-1980s, but it was not until the invention of the World Wide Web by Tim Berners-Lee that widespread consumer use of the Internet became a possibility.

OpenLearn. (2019). History of online retail. [online] Available at: https://www.open.edu/openlearn/money-management/management/business-studies/history-online-retail [Accessed 8 Mar. 2019].

Advantages of shopping online and not in store-

  • Convenience- Shopping online allows you to sit at home,relaxed and being able to shop till you drop whilst not having to move out of bed or off the couch.There are no queues to wait in to pay for you items and no pushing through crowds of people to get to the sale racks.Online shopping is open 24/7 so no last minute shopping before the store closes.
  • Better prices-Online shopping allows you to find better deals.You can compare the price of products on different websites in order to get the best/cheapest deals.There are also more discount codes available when online shopping.
  • More variety-When shopping online you can look at more products easier.This is because most websites suggest other products when you type in what your looking for.It is quicker and easier to look through more items of clothing online,rather than walking through the store hunting for items.
  • Sending Gifts- Shopping online is a great way to send gifts to your loved ones,wether its there birthday or christmas you can always type in there address for the item to be delivered to their door step.Depending on the product and store some websites offer gift wrap!

This is all because how the internet and clothing websites have developed over time.After doing some research i found out that the number of internet users in 1995 has increased from 16 million to almost 3 billion in 2013.Today,6 years later this total would be even higher!

OpenLearn. (2019). History of online retail. [online] Available at: https://www.open.edu/openlearn/money-management/management/business-studies/history-online-retail [Accessed 8 Mar. 2019].

Online shoppers in the United Kingdom make 87 percent of their retail purchases (grocery shopping not included) online. That’s an increase of almost 9 percent compared to the situation last year, when 80 percent of retail purchases was conducted online.

More than one in five consumers (22 percent) has bought something online after see saw something about it on social media. The use of social networks to shop online keeps increasing, with younger shoppers (48 percent), women (29 percent) and people living in urban areas (38 percent) among the groups that are significantly more likely to buy something after seeing posts on social media, the study shows.

Ecommerce News. (2019). 87% of UK retail purchases made online. [online] Available at: https://ecommercenews.eu/87-of-uk-retail-purchases-made-online/ [Accessed 8 Mar. 2019].

Through the 1760s, royal endorsements were used as a type of celebrity branding to promote products. … Typically, these trade cards would be given to consumers with the product or would be inserted on the packaging of the product itself, which would feature celebrities such as actors or sport stars.It is the same today but using social media and using celebrities as the models on the website.

En.wikipedia.org. (2019). Celebrity branding. [online] Available at: https://en.wikipedia.org/wiki/Celebrity_branding [Accessed 8 Mar. 2019].

Social media is a big part of online shopping.Celebrities and Promoters tend to post pictures or videos onto social media wearing the product and link it to the online store.This is why people are buying more online than in store.If you see something you like online why would you travel to the store to the store to try and find it.There are also brands that are very popular but don’t have many stores around the world.An example-

The brand supreme only has stores in the capital of Countries.There is only one walk in store in the uk.This gives people not much choice but to online shop if they dot live near by.

Similar brand history-

The First Store & Mission- Urban Outfitters

The year was 1970. Dick Hayne was just 23 years old when he and college roommate Scott Belair came up with the idea to open a retail store. Belair was in search of a topic for an entrepreneurial class he was taking at the time. The first store, originally called Free People, was located in a small space across the street from the University of Pennsylvania. Its mission was to provide second-hand clothing, furniture, jewellery and home décor for college-aged customers in a casual fun environment.Instead of transforming buildings into something new, we preserve their original features, a trait that has become our signature look. We strip back paint to its first layer, expose brick walls, and use original pieces as displays and fixtures. Our approach goes beyond historical preservation – it’s about maintaining a layered history, but infusing a new, fresh atmosphere.

URBN. (2019). History. [online] Available at: https://www.urbn.com/who-we-are/history [Accessed 8 Mar. 2019].

This helps me as it says that instead of building on their brand and making it as new as possible,in a way they did the opposite.This is what makes the brand different from the rest and unique. They didn’t do up the building making it look new and up to date,they stripped back the pain to its first layer to make the building look old fashion and original.This is the type of style of clothing they sell in the store,old fashion styles,following the 80’s and 90’s fashion trends.

I did some research on the 90’s fashion trends to help give me ideas for my outfits when doing my photoshoot.Some i found-

  • neon windbreakers
  • Striped sweaters
  • Bandannas
  • Ripped/ baggy jeans
  • Doc martins
  • New balance trainers
  • Reebok trainers
  • Turtlenecks
  • Guess
  • Fila
  • Bucket hats
  • overalls
  • Bike shorts

Complex. (2019). The 90 Greatest ’90s Fashion Trends. [online] Available at: https://www.complex.com/style/the-90-greatest-90s-fashion-trends/ [Accessed 8 Mar. 2019].

These link to the style of clothing and theme on my website i am going for.Urban outfitters,the store i’m taking ideas and inspiration from,sell a lot of clothing products from the old fashion/90’s trends.Here are some examples.

Overalls and Bucket hats were a big part in the 90’s trends.They are still popular today but this is known as a retro/vintage style.I will try to include these on my website and advert.Using the most retro and vintage clothing on my website will help the audience understand the type of style shown on my website and available to buy.

Liam Gallagher,out of one of the greatest Indie bands of all time.Wearing his bucket hat in the 90’s.

Another look sold in stores-

Striped turtleneck jumpers were popular in the 90’s.

Sold in Urban outfitters-

Colourful windbreakers.

Fila trainers.

Nearly all the products in the poplar 90’s clothing list are sold in stores today.I will take ideas from these in order to fit my target audience as this is the theme i have chosen for my website layout and colours,clothing sold and advert.My clothing brand as a whole.

Context- Theoretical Awareness

Communication theory- AIDA Model

Even though the world of advertising has become more and more competitive, the principle behind the ad copy remains the same. The four steps that the copywriters use in their ad to persuade the consumers to buy the products are attention factor, interest element, desire element and action element which is called as AIDA. Advertising and marketing objectives are met by the effective use of this model.

The phrase AIDA, in marketing communication was coined by American advertising and sales pioneer Elias. St. Elmo Lewis in the late 1800’s. The model talks about the different phases through which a consumer goes before going to buy a product or service. According to him, most of the marketers follow this model to fetch more consumers for their product. Marketers use this model to attract customers to purchase a product. This model can be seen widely used in today’s advertisements.

Example-

The acronym AIDA stands for Attention, Interest, Desire and Action. These are the four stages that a consumer goes through when watching or viewing an advertisement.

Communication Theory. (2019). AIDA Model. [online] Available at: https://www.communicationtheory.org/aida-model/ [Accessed 13 Mar. 2019].

I would use this theory in my work because the theory as a whole is to attract the customers .This is the aim of my product.

  • Attention– I will use bright colors and bold writing to attract the audiences eye.The unique/vintage photos and theme shall grab there attention and will make them want to explore the website.
  • Interest– Once you have the audiences attention its important to keep it that way.The high quality,professional looking photos will make them want to keep looking at the website in better detail and even watch the clothing advert.The use of the sub headings along the top would make them want to click on the other pages and read more about the brand.The use of the vintage/retro photos would draw them in further if this is there style as it would appeal to them the most.
  • Desire– I will write about the brand,explaining why its better and different than the other popular clothing brands.How it would benefit the buyer if they bought clothes from the brand and explaining the features of the brand, facts and figures.
  • Action– Lastly contact information will be displayed.The brands social media and an email.In my case,the brand will have no link to buy the products it will say ‘coming soon’.This should make the audience want to come back and purchase the items when they are available.To do this I really need to please them and make them remember the brand in order to come back to it.

Context- Target audience

My clothing brands target audience will be both male and female between the ages of 15 to 30.I have chosen this age range because the style of clothing that will be advertised is based on younger people with a quirky,indie/retro style. Their thoughts influence my idea because its important to understand what is eye catching and appealing to them in order for my brand to be successful.

When thinking of the age range i also have to consider the target audiences age of the people that go on the social media that my clothing brands will be advertised on.When doing my research i discovered that  Users under 35 make up more than 70% of Instagram’s more than 800 million active accounts world wide. Facebook’s demographics show that 42% of its uses are between the ages of 18-35.These results show that these social medias would be appropriate to advertise my clothing brand on as the target audience is very similar.

I also did some research on the target audience of the style of clothing i am going to be advertising.I did this by looking at existing stores and there target market.The age of the models promoting the clothing also shows off the age range.I looked at Urban outfitters and there other brands such as free people and Anthropologie. This could help me get a better understanding of the appropriate age for my brand.

Urban Outfitters-

Urban Outfitters targets young adults aged 18 to 28 through its merchandise mix, and store and Website environment. The linked store ‘Free people’ looks to have the same type of style and therefore similar target audience.Although,Urban outfitters is the most well known store out of the 3.The other store ‘Anthropologie’ has a first impression to have an older target audience as the style is similar but the types of clothing sold is different.The models look older and are promoting clothing based on long dresses and skirts. Which would be more suitable/pleasing to older rather than young adults/teenagers.

Context- Context Analysis ( secondary research)

I started with looking into the urban outfitters original website.I will take inspiration from the headings used at the top of the website “women’s, Men’s, Home & gifts, sales and offers”.I feel as though most clothing websites have the same sort of headings for example-

From my research on headings i feel like the ones mostly used on clothing websites are the best ones to use as it gives the audience a easier and quicker way to find the things there looking for.

The layout of similar websites are all very alike.They all include a “sale” icon to catch the audiences eye and mostly all include a large photo of clothes they sell on the main page.

I like the way that urban outfitters has a ‘tumblr’ theme.The photos are very simple,they don’t have any dramatic affect or color scheme. The colors mostly used are white, grey and black and tend to use plants in the background.This is the type of theme i’m going for as i feel it matches with the types of clothing advertised with its quirky,vintage and aesthetic outfits and theme.

I then looked into existing adverts for similar clothing brands to mine.

This advert is promoting the champion brand that is sold in urban outfitters stores and online.This advert again gives off the retro/vintage vibe with the choice of background music.This was posted onto the ‘Urban Outfitters Television’ you tube channel.This has given me an idea of creating a You-tube channel and posting videos onto there as a way of advertising my clothing.On the urban outfitters channel they don’t only post adverts on,they also upload short stories,room refresh videos,review and tutorials and much more.This gathers more viewers which then results in more buyers.

You tube is a great way to advertise as it a much more easier and enjoyable way for viewers to watch the adverts rather than reading about the products.You tube is very popular and is mostly aimed at the younger generation which is great for my average target market age range. After doing some research I discovered that 6 out of 10 people prefer online video platforms to live TV.

I looked into some other clothing brand adverts-

This clothing brand is linked to urban outfitters.The style is slightly different and so is the target audience.I feel as though the name of the brand “free people” is shown is there adverts as the models come across as being free because there adventuring around alone.This also gives off the impression of being able to be yourself,wear the clothes you like and be free.As in you don’t have to be trapped in the society’s most popular clothing,that everybody wears.Telling you to be different and unique.

i did some research on existing clothing brand names to help get some inspiration for my own.I have decided to call my brand ‘Be Unique’.I have chosen this name because i feel as though the clothing sold will be unique to everyday outfits that everybody wears.Being unique and different to other people is a good thing and this is the message i would like to get across.You don’t need to follow the crowd with the typically outfit choice,be unique will be a different clothing brand and will make you stand out.

Next,i had a look a different clothing brand logos.The logo of a brand is what makes yours different and individual because every logo looks different from each other.Here are some i looked at-

I used a website called ‘Logo-joy’ to get some ideas on the type of logo i plan on making.I will change the design slightly to make it more personal but this helps give me inspiration and ideas for when i go onto affinity designer. These are a few i liked-

Roll over effect-

On some clothing websites this effect is used.It allows you to hover over the photo and then it changes to another.Usually one of a different view of the product for example shows you the back of it.

Editing Techniques-

Spot Healing- I found some tutorials on youtube to show me step by step how to do this on photoshop.

Removing eye bags-

Teeth whitening-

Font-

Serif

Serif typefaces are among some of the oldest modern typefaces. They are used in everything from book publishing to newspapers and magazines to billboards and websites.
The mood and feelings most associated with serif typefaces are classic, elegant, formal, confident and established. 

Sans Serif

Sans serif typefaces are considered more modern and include a variety of widths and shapes. This style of typeface lacks strokes at the ends of letters (hence “sans” serif). The type category is thought to embody simplicity because of this lack of added detail. Sans serif typefaces have a look that is direct and precise, although character edges may be either sharp or rounded.

The mood and feelings most associated with sans serif typefaces are modern, friendly, direct, clean and minimal

Designshack.net. (2019). Serif vs. Sans Serif Fonts: Is One Really Better Than the Other?. [online] Available at: https://designshack.net/articles/typography/serif-vs-sans-serif-fonts-is-one-really-better-than-the-other/ [Accessed 21 Mar. 2019].

Image result for serif font example

My advert will be the same style as this one.I will take inspiration from this because I will be taking similar shots.There will be people in groups and on their own walking,in slow motion showing close ups of the clothes.

YouTube. (2019). London Clothing Advert (HD). [online] Available at: https://www.youtube.com/watch?v=rxPlO3BOjs4 [Accessed 4 Apr. 2019].

Planning

Idea development

I am going to create a clothing brand for my final major project.I will start with creating an original website for my brand,to do this i will use wix.com.I think this is the best website to use as i have used this before so i have experience using it and its an easy but great way to create a aesthetically pleasing website.I will create a logo myself using affinity designer to make it was original as possible.It will include my own photography when taking pictures of the models advertising the clothing that i will edit on Photoshop. I will lastly create my own short advert for my clothing brand and upload it onto the website.I will used final cut pro to edit my video.

For my clothing brand i will take inspiration from other clothing brands such as Urban outfitters, top shop and free people.I have chosen these as they all advertise the same sort of style and in the same way,i feel as though they give off a indie/retro vibe.I will also look at some 80’s and 90’s old fashion trends for some ideas.I have chosen this style because i feel it would be easier as i wear these types of clothes myself so i have them for my models to wear and photograph.I also know information about the target audience for this style so it would be easier for me to adapt my brand the the age range appropriately.

For my primary research i will create questionnaires and tally charts to gather information on what my target audience wants to see.This will help give me a better idea on what pleases them and which type of style of clothing and layout of the website ect,they prefer. For my secondary research i will look at other clothing websites and existing adverts for brands such as urban outfitters and look how there style is being promoted on the website.I will look closely as there photography,how there edited and the backgrounds used to take some inspiration.

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