Across 13 online modules, you’ll learn how to reduce costly delays, cut down on re-briefs, and minimise write-offs by strengthening your understanding of the legal and regulatory fundamentals of advertising law.
Copyright is the most important intellectual property right in the advertising industry, protecting creative works and supporting the relationship between agencies and clients. This section outlines what copyright protects, how it arises automatically, who owns it (including employee and commissioned works), how it can be used and transferred, and what constitutes infringement, including the use of a substantial part of a work.
Trade marks are crucial in advertising as they act as a ‘badge of origin’ for consumers and help distinguish one business’s goods or services from another. This section outlines what trade marks are, how they are registered (including classes and key requirements), and the importance of conducting searches before use. It also explains how trade marks can be infringed and the key principles for correct and effective usage to protect and maintain brand value.
Passing off occurs when a business misrepresents its goods or services as being those of, or associated with, another in order to benefit from that party’s goodwill and reputation. This section outlines the key elements required to bring a claim – goodwill, misrepresentation and damage – as well as common scenarios in advertising, such as copying get up, implying endorsement or using similar branding. It also covers the remedies available, including injunctions and financial compensation.
Defamation issues are relatively rare in advertising but can be serious when they arise, as they involve damage to reputation. This section explains what constitutes defamation (including libel and slander), the key elements required to bring a claim, and who may be liable. It also outlines the main defences, such as truth and honest opinion, and introduces the related concept of malicious falsehood in the context of false or misleading advertising claims.
This section examines the legal framework governing marketing activities involving personal data, including the UK GDPR and Data Protection Act 2018, as well as the Privacy and Electronic Communications Regulations (PECR). It outlines key principles such as lawful processing, consent, and individuals’ rights, and explores how these rules apply to practices such as direct marketing, use of mailing lists, electronic communications and cookies. It also covers the role and enforcement powers of the Information Commissioner and the potential penalties for non-compliance.
Consumer protection law regulates the fairness of marketing, advertising and selling to consumers and provides the legal framework underpinning the UK’s self-regulatory system. This section explains the key principles of the current regime (including the Digital Markets, Competition and Consumers Act 2024), why they are important, and how they apply to common marketing practices. It also outlines the consequences of non compliance, enforcement powers and sanctions, and introduces the list of blacklisted practices.
This section covers the legal framework governing sales promotions, including the Gambling Act 2005 and the CAP Code. It explains the key concepts of betting, gaming and lotteries, and how they apply to prize promotions and competitions. It also highlights the need to avoid illegal lotteries (for example where payment and chance are combined), the role of skill or free entry routes, and the importance of fair and transparent administration.
This section introduces the key principles of contract law relevant to advertising, including how contracts are formed and the importance of clearly documenting agreements. It highlights key considerations when negotiating and drafting contracts, such as scope, payment, liability and intellectual property, and the risks and uncertainty that can arise when working without a written contract.
This section covers the regulation of broadcast advertising in the UK, including the roles of Ofcom, the ASA (Broadcast) and the Broadcast Committee of Advertising Practice (BCAP). It explains the BCAP Code, pre clearance requirements for TV and radio ads, and key rules on misleadingness, harm and offence. It also outlines restrictions on certain products and advertising categories, and the enforcement system for non compliance.
This section explains the self regulatory system governing non broadcast advertising in the UK, including the roles of the Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP). It covers the scope and principles of the CAP Code, how complaints are handled and enforced, and key rules on issues such as misleading advertising, substantiation, pricing and responsible marketing across media including digital and social platforms.
This section examines the legal and regulatory considerations when using celebrities in advertising. It highlights key risks such as passing off, defamation and trademark infringement, as well as privacy, data protection and performance rights. It also covers the importance of consent and contractual arrangements, the use of look alikes and AI, and the application of the CAP and BCAP Codes to ensure advertising does not falsely imply endorsement or otherwise misuse a celebrity’s image or reputation.
This is any This section examines comparative advertising, where a competitor or their products are identified explicitly or implicitly. It explains when such advertising is permitted in the UK, including the key legal conditions that must be met, particularly around accuracy, objectivity and verifiability. It also explores risks such as trademark infringement, passing off and malicious falsehood, and the application of the CAP and BCAP Codes to ensure claims are fair, substantiated and do not mislead or unfairly denigrate competitors.
This section explores the use of parodies in advertising, where existing works are imitated for humour or creative effect. It examines the legal risks involved, particularly in relation to copyright, moral rights and passing off, and explains the scope and limitations of the UK ‘parody exception’ for fair dealing. It also highlights practical challenges in relying on this defence, alongside regulatory considerations under the CAP and BCAP Codes, including issues of offence, clarity and misleading associations.
This section explores digital marketing and the legal and regulatory framework that governs it. It covers the nature of digital advertising across channels such as websites, social media, email and search engines, and highlights key issues including the ownership and use of digital assets, data protection, targeting and AI. It also examines regulation of online content under the CAP Code and consumer law, alongside specific rules for social media, influencer marketing and search advertising, ensuring transparency, consent and fair, non misleading practices.