LegRegs Certificate syllabus

In 13 online modules you’ll find out how to reduce costly delays, cut down on re-briefs, minimise write-offs and more by advancing your knowledge of the legal and regulatory basics around advertising law.

Syllabus

1. Copyright

Copyright is the most important intellectual property right in the context of the advertising industry. This section details the key elements, including what is protected by copyright, who owns it and infringement.

2. Trade Marks & Brands

Trade marks are crucial as they act as a ‘badge of origin’ for consumers. This covers their importance, the registering of a trade mark, how trademarks can be infringed and guidance for correct usage.

3. Passing Off

Passing off occurs when someone misrepresents to the public that their product or service is from a third party in order to take advantage of that third party’s reputation and goodwill. This section covers the requirements necessary to bring a claim for passing off and possible remedies.

4. Defamation

Issues of defamation don’t arise often in the advertising industry but when they do they tend to be serious. This covers what defamation is, making and defending a claim, and the concept of malicious falsehood.

5. Marketing, Data Protection and Privacy

Looks at marketing in relation to the Data Protection Act 1998 and the increased powers of the Information Commissioner to impose fines upon non-compliant businesses. It will also explore how the Data Protection Act and Electronic Communications Regulation impact upon marketing practices such as use of mailing lists, cold calling and cookies. The penalties for non-compliance are also outlined.

6. Consumer Protection Regulations

CPRs came into effect on 26 May 2008 and focus on regulating the fairness of marketing, advertising and selling to consumers. This section discusses what CPRs are, why they’re important, the implications of non-compliance and the 31 branded practices.

7. Promotions and the Gambling Act

The Gambling Act came in on 1 September 2007. The principle areas of law covered by the Act and the term ‘gambling’ are betting, gaming and lotteries, as well as competitions.

8. Contract Law

Introduces areas for consideration when agreeing a contract and some of the pitfalls of working without a written contract. UK Regulation (Non-broadcast) Including the ASA and CAP Code, this section covers the self-regulatory system for non-broadcast advertising.

9. UK Regulation

The current role of Ofcom, as well as other legal entities responsible for the broadcast advertising codes and complaints handling, such as BCAP.

10. Celebrities

Highlights the main pitfalls of using celebrities in advertising, celebrities’ privacy and other rights and the effect of the Codes.

11. Comparative Advertising

This is any advertising which explicitly, or by implication, identifies a competitor, or goods or services offered by a competitor. It can be very effective but must be carried out carefully to avoid legal and regulatory problems.

12. Parodies

Parodies are often used for comic effect. This section explores the use of parodies including examples as well as the regulatory issues that surround them. The ‘parody exception’ to copyright is discussed, as are the difficulties of taking advantage of it in practice.

13. Digital Marketing

This Learning Path covers what digital marketing is all about and the regulations that govern it. It discusses digital assets, content and search advertising.