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Ethics and The Law
PreviewUnderstand the difference between value
and ethicsUnderstand 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 EthicsVALUES are core beliefs, intentions or desires which guide or motivate attitudes and actions; they govern choices and behavior
Charles Byers© 2009
Personal ValuesAccomplishmentAltruismBelongingCompassionCreative ExpressionDiversityExciting LifeFairnessFamilyFriendshipHappinessHealth
IndependenceIntegrityKnowledgeLoyaltyPleasurePowerRespectSecuritySocial contributionSpiritualityWealthWisdom
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 & consistently
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
CopyrightTrademarks
Charles Byers© 2009
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 works2.Musical works3.Dramatic works4.Pantomimes and choreographic
work5.Pictorial, graphic, or sculptural
works6.Motion pictures7.Sound recordings
Charles Byers© 2009
Copyright LawOther 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 GuidelinesObtain 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 ReviewUnderstand the difference between value
and ethicsUnderstand 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 QuestionsWhat 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 ResponsibilityActing with integrity, honesty and
responsibilityDoing more good than harmProtecting individuals right to be treated the
way human beings should beBeing fairAdvancing the common good
In the end it is a balance driven by societaldebate and personal commitment
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