Legal and Ethical responsibilities of a Copywriter

Difference between copyright and a copywriter

Despite sounding very similar, copyright and copywriters are very different from each other. Firstly, copyright is intellectual property that gives the owner the exclusive right to copy, distribute, adapt, display and perform a creative work. The creative work could be in the form of art, music or film. In order for someone to use copyrighted material, they would need to ask permission from the owner. A copywriter, on the other hand, is a professional who writes clear and concise copy for advertising or marketing material. The aim of a copywriter is to persuade the reader to take a specific action or to buy a product. 

social and cultural awareness

In copywriting, it is important to maintain social and cultural awareness because it helps when it comes down to advertising. For example, if your target audience was a younger demographic then you would want the copy in your advertisement to be more appealing to that age range. Another reason copywriters should maintain a social and cultural awareness is so that they can avoid accidental racism in advertisement. If the copywriter is not culturally aware of something that may be seen as racist or sexist, they may use it in their advertisement and gain a lot of backlash from the audience. 

protected characteristics

As a copywriter it is also important to show fair representation of protected characteristics, this means fair representation of age, disabled people, members of the LGBT community, religion, race and pregnant women. To ensure fair representation, copywriters must make sure to be inclusive in their advertising or if they have a specific target audience who is included within these protected characteristics, then they should be welcoming in their advertising and should try to avoid any language or images in their copy that is deemed offensive. For example, if there was an advert that was targeted at members of the LGBT community, then the copywriter should avoid the use of offensive words like ‘queer’ and they should also include gay people within their advertisement. 

connotations of alternative readings

Another thing copywriters should be aware of are the connotations of alternative readings. In advertising, adverts can convey one specific message but can be interpreted differently to different people. 

For example, this ‘beach body’ advert is meant to be advertising a bikini however, many people interpreted it as ‘fatphobic’ because they used a skinny model next to the text ‘are you beach body ready’ implying you have to be skinny to have a beach body which excludes fat people from this category. It is for this reason that copywriters should be careful with how they layout their advert as it may be interpreted in a different negative way rather than the way they intended.

legal and ethical constraints of a copywriter

Despite there being free press in this country, there are still legal and ethical constraints that copywriters must abide by. One important example of a legal constraint would be libel. Libel is a false statement that damages a persons reputation in their local area/community. This could cause humiliation and embarrassment towards the person or ruin the persons ability to earn a living. If you make a libellous statement about someone with malicious intent you can end up being in court which may cost you time, anxiety and money. In copywriting, it is quite easy to make a mistake maybe you copy someone’s name wrong or perhaps you might have quoted a person incorrectly. To avoid this you should be careful and double check your facts. 

Another legal/ethical constraint is invasion of privacy. In copywriting there are certain restrictions when it comes to a person’s privacy. There are four main areas when it comes to a persons privacy. The first area covers casting someone in a false light. For example, you cannot reveal intimate details about someone’s life, you cannot misappropriate someone’s name or likeness and you cannot physically intrude into someone’s private life. The second area covers the publication of someone’s intimate or embarrassing personal details. For example, a shocking revelation about a celebrities sexual preference. The problem is telling the absolute truth and this can get you in serious trouble. The third area covers the misappropriation of someone’s name and likeness for commercial purposes. For example, you must not use a person’s name or photograph in an advert promoting aa product without their permission. The final area covers the physical intrusion of a person’s private life. For example, you can’t trespass on private property, you can’t seek interviews under false pretences and you can’t steal photographs. 

definitions 

defamation - damaging someone's good reputation. 

contempt - an offence when someone is being disrespectful or disobedient of a court of law and it's officers.

confidentiality - the state of being kept secret or private.

harassment - when a person behaves in a threatening way that makes you feel scared and distressed. there are different types of stalking and harassment and anybody can be a victim.