Ethics and The Law

Preview Understand the difference between value and ethics Understand differences between copyrights and trade marks; know the bare basics of how to protect them to protect your copyrights and trade marks

Ethical Issues in Marketing & IMC Cause people to buy more than they can afford Overemphasizes materialism Increases the costs of goods and services Perpetuates stereotypes Make unsafe products, such as alcohol and tobacco, seem attractive Often offensive Advertising to children is unethical It is important to differentiate between values & ethics 14-3

Charles Byers© 2009 Values and Ethics VALUES are core beliefs, intentions or desires which guide or motivate attitudes and actions; they govern choices and behavior

Charles Byers© 2009 Personal Values Accomplishment Altruism Belonging Compassion Creative Expression Diversity Exciting Life Fairness Family Friendship Happiness Health Independence Integrity Knowledge Loyalty Pleasure Power Respect Security Social contribution Spirituality Wealth Wisdom

Charles Byers© 2009 Values and Ethics ETHICS refers to the standards of conduct which indicate how one should behave based upon moral duties and virtues rising from principles of right and wrong The difference between values and ethics?

Charles Byers© 2009 Values and Ethics Unvarnished Ethics is how moral people should behave Values determine how a person actually behaves

Ethical Frameworks Utilitarianism – Making decisions based on what is the greatest good for the greatest number of people  But can overlook the rights minorities Individualism – The degree to which society values personal goals, autonomy and privacy over group norms and collective activities  But the weakest members of society can suffer the most Rights approach – Each person has respected and protected fundamental rights  But whose rights? Justice approach – Treat all people fairly & consistentl y  But fair according to who? Clow. Baak “Integrated Advertising, Promotion & Marketing Communications © 2010

Ethics in a Nutshell Develop an ethics reflex so that you do the right thing … every time

IMC & The Law Copyright Trademarks Charles Byers© 2009

Copyright Law Copyright: Protection of a creative work from unauthorized use.

Charles Byers© 2009 Copyright Law A work is copyright the moment it is created. To note a copyrighted piece: Use the copyright symbol (© copyright) Or Cite the year and owner (© 2005, John Doe)

Charles Byers© 2009 Copyright Law The 7 Categories of Authorship 1.Literary works 2.Musical works 3.Dramatic works 4.Pantomimes and choreographic work 5.Pictorial, graphic, or sculptural works 6.Motion pictures 7.Sound recordings

Charles Byers© 2009 Copyright Law Other FACTS: Copyright protects specific expression of an idea, not an idea in general Author's copyright lasts for author's life plus 50 years Business copyrights last 75 years Copyright of work made for hire goes to employer Freelance/commercial photographers retain ownership rights to make copies

Charles Byers© 2009 Copyright Law Guidelines Ideas cannot be copyrighted, expressions of ideas can Major materials should be copyrighted Seek permission for material used for commercial purposes Keep copyrighted material in context Order quantity reprints from publisher

Charles Byers© 2009 Copyright Law Guidelines Obtain permission for taped segments of television or movies Obtain permission to use segments of popular songs Photographers retain rights to photos Photos of celebrities or deceased persons require releases Obtain permission to reprint cartoons and artwork

Charles Byers© 2009 Copyright Law Guidelines Government documents are not copyrighted but avoid implying government endorsement Private letters require release by the writer

Charles Byers© 2009 Trademarks Trademarks are registered words, names, symbols, or devices used to identify a product, service, or company

Charles Byers© 2009 Trademarks Protect your trademark through: Consistent and proper use Distribute trademark brochures Educate employees Monitor the media Check publications Pay licensing fees if required

The New Frontier – Privacy vs. Transparency

Class Discussion: Is it ethical to segment by race or ethnicity? Why? Why not? Class Consensus

In Review Understand the difference between value and ethics Understand differences between copyrights and trade marks; know the bare basics of how to protect them to protect your copyrights and trade marks Is it ethical to segment by race or ethnicity?

Fiji Water Case Study Questions What factors contributed to Fiji Water’s market success? What does it mean for Fiji Water to go carbon negative? Is Fiji Water participating in Greenwashing? How should it respond to the accusations? Why should corporate marketers be concerned about corporate social responsibility (CSR)

Ethics and The Law

Deception versus Puffery Puffery An exaggerated statement A claim that is not factual statement Best, greatest, and finest Better – puffery or claim? Papa John’s – “Better ingredients, better pizza” Hunt’s – “Only the best tomatoes grow up to be Hunt’s” Progresso – “Discover the better taste of Progresso Claim is a factual statement Misleading or deceptive when A substantial number of people or the typical person is left with a false or misleading impression The misrepresentation induces the typical person to make a purchase

Ethics Reflected in Social Responsibility Models The Invisible Hand – Competition eliminates any product or practice that is harmful or in appropriate Government Duty – Government should write legislation and create regulatory agencies to emphasize ethics Ethical or enlightened management – Managers can and should be trusted to create and ethical environment Clow. Baak “Integrated Advertising, Promotion & Marketing Communications © 2010

Charles Byers© 2009 Ethics and Social Responsibility Acting with integrity, honesty and responsibility Doing more good than harm Protecting individuals right to be treated the way human beings should be Being fair Advancing the common good In the end it is a balance driven by societal debate and personal commitment