Posts Tagged ‘ofcom’

Put the kettle on, boil an egg, and perhaps make a sandwich. You have plenty of time!

Friday, February 25th, 2011

Earlier this week Ofcom announced an extension in the length of advertising breaks in films and single TV dramas. This will last for a trial period of 12 months beginning 28 February 2011, the same day that the new rules on product placement take effect.

The trial will only apply to commercial public service broadcasters, such as ITV, Channel 4 and Channel 5.

Currently broadcasters can only show up to 7 minutes of adverts each hour, but this will be extended to 12 minutes, in line with the current rules in relation to other programmes such as soaps and documentaries.

With new rules on product placement allowing commercial references within programmes, and an extension of the length of time adverts can be shown between them, brands have never had such opportunity to find their way into our consciousness. Maybe this is what is needed to make advertisers move back to this more traditional form of advertising medium rather than focusing most of their marketing efforts on the social media networks as they have been doing of late.

Posted by Nina Best, who specialises in regulatory matters; entertainment licensing; advertising and marketing law; advice and representation on infringement of Food Safety Manufacturing Product Regulations.

Nina Best

Nina Best
0115 976 6529
nbest@brownejacobson.com

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Park your product here

Monday, February 14th, 2011
Product placement logo

Product placement logo

Just before Christmas 2010 Ofcom confirmed that as of 28 February 2011, product placement will be permitted in UK TV programmes. Unlike our more relaxed US cousins, as part of the new rules a logo must appear for 3 seconds at the start, the end, and after any advertising breaks within programmes containing product placement.

Ofcom today revealed what that logo will look like. The monochrome double P will be used to signal to viewers that the programme they are about to see contains product placement.

The use of the logo is intended to combat “surreptitious” advertising. In practice this cautious approach may be an added bonus for advertisers who will get two bites at the cherry. As well as being able to place products within programmes, advertisers have the added benefit that broadcasters must tell the viewer that their product is there, drawing the viewer’s attention to what they may otherwise not have noticed at all.

Posted by Fiona Carter, who specialises in commercial regulation, compliance advice and investigations; is head of Browne Jacobson’s advertising and marketing team and food and drink group.

Fiona Carter

Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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Battle commences over Digital Economy Act

Thursday, February 3rd, 2011

The Secretary of State for Culture Jeremy Hunt announced that Ofcom will review the feasibility of the blocking powers created by the Digital Economy Act.

This perhaps shows that the Government has recognised that these powers, as currently envisaged, will be extremely difficult to implement and may do little to stem the tide of online copyright infringement.

The Digital Economy Act, and the anti-filesharing agenda of such creative arts trade associations as the BPI that lies behind it, have been on the ropes for some time. In November last year the High Court granted permission to BT and TalkTalk to judicially review the Act.

Meanwhile a pending decision of the European Court of Justice in Scarlet v Sabam could have a significant impact in the way the UK courts interpret the Act.

The fight is far from over yet but for the moment it seems that the filesharers are having the better of the early skirmishes in what will be a long and bloody battle!”

Posted by Nick McDonald, who specialises in intellectual property law including copyright, patents, trade marks, passing off, design disputes, breach of confidence, database rights and IT.

Nick McDonald

Nick McDonald
0115 976 6198
nmcdonald@brownejacobson.com

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X Factor Breaches Broadcasting Code

Monday, January 31st, 2011

When Dermot O’Leary prompted viewers to download singles of Diana Vickers and Michael Buble on the X Factor last October Ofcom decided to investigate. Despite accepting that this was due to a script error, the media watchdog was concerned that this had happened on two separate occasions and found that the X Factor had breached rule 10.3, ‘products or services must not be promoted in programmes’.

There is a further rule in the Broadcasting Code which prohibits product placement. However X Factor did not breach this rule as product placement would involve a reference to a product in exchange for valuable consideration. There was no financial arrangement in place here.

Interestingly, on 28 February 2011 new rules will come into effect which will subject to exceptions permit product placement in UK TV programmes. Despite this the new rules would not change the outcome for X Factor. This is because the new rules will still not allow positive references to products which directly encourage purchases.

Posted by Fiona Carter, who specialises in commercial regulation, compliance advice and investigations; is head of Browne Jacobson’s advertising and marketing team and food and drink group.

Fiona Carter

Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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Coming soon to a television near you

Wednesday, December 22nd, 2010

Ofcom has confirmed that from 28 February 2011, paid for references for products and services will be permitted in UK TV programmes.

The new rules can be found in a revised section nine to the broadcast code and includes restrictions on the types of product that can be placed, the types of programmes in which products can be placed, and limits on the way in which products can be seen and referred to in programmes.

The industry is suggesting that real changes are unlikely to be seen on TV until 2012, but viewers should see an audience awareness campaign on channels intending to use product placement early in the new year.

Now that television receivers that allow users to record, pause and rewind our favourite programs are common place, expect to see our favourite programs infiltrated by our favourite brands. Time will tell whether this will be a ‘product invasion’ or whether advertisers manage to strike the right balance and ensure that the placement matches the content of where it is placed.

If you would like to find out more about these changes you can read our bulletin on product placement at www.brownejacobson.com

Posted by Fiona Carter, who specialises in commercial regulation, compliance advice and investigations; is head of Browne Jacobson’s advertising and marketing team and food and drink group.

Fiona Carter

Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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Tightening the net

Tuesday, June 8th, 2010

Internet Service Providers (ISPs) could soon be compiling a blacklist of online copyright infringers. Ofcom is currently consulting on the code to be followed by ISPs and how, in practice this will be enforced. The consultation ends on 30 July.

For the first time copyright owners will be able to receive a list of infringers for the purpose of bringing legal proceedings and apply to find out the names of those who are alleged to have infringed.  ISPs may also be required to limit or even block internet use.

The Act (and code) will inevitably make an ISP’s life more complicated, since, as well as blacklisting its own customers, there is a risk they become drawn into the inevitable claim, counterclaim and appeal between copyright owner and alleged infringer.

Richard Nicholas

Posted by Richard Nicholas
0121 237 3992
rnicholas@brownejacobson.com

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