Essay Sample on Regulating Advertising Practices

Published: 2022-09-20
Essay Sample on Regulating Advertising Practices
Type of paper:  Essay
Categories:  Advertising Law
Pages: 2
Wordcount: 471 words
4 min read

Explain how trademarks and copyrights are legally protected, and why the First Amendment is important to advertisers

The united state-federal statutes protect copyrights in the copyright act of 1976. The protection prevents unauthorized work of authorship. However, it should be noted that one can copy an idea but copying of the work is prohibited. A written description of a machine can be covered but not the machine itself. The tangible form of the idea is copyrighted but not but the ideas (Joyce et al. 2016).

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On the other hand, trademarks offer protections to against using names, symbols, and terms that identify the company and its goods. They help the owner to protect their goods against infringing. A registered trademark protects improper use to the owner by the trademark itself does not need to be registered to have their protection. The first amendments are important to the advertisers because it allows freedom of the press and speech. It allows the advertisers to do their advert in an ideal manner, without being intervened and without accusations which hinders objective of reporting.

In addition to the FTC, what other governmental bodies are involved in regulating advertising practices

Federal communications commission (FCC) is among the government body that is responsible for the regulation of the usage of broadcast media. The other body is the national advertising review council (NARC), which is responsible for regulating the abuses in the advertising agencies. Additionally, the interactive advertising bureau (IAB) is responsible for evaluating and recommending standards of the ads to govern what is supposed to be interactive (Fortin, 2016). Another essential body is Word of mouth marketing association (WOMMA), which regulates and set a standard of buzz marketers with their consumers and the direct marketing association (DMA) that helps consumers recognize fraudulent practices

Explain the three ways in which self-regulation operates in the advertising industry

Independence - the administrator and he is not a competitor in the marketplace; it is in the interest of fair competition. The administrator should not be seen as impartial.

Contractual relationship - the business cannot be forced to participate since the systems are based on agreements between members of an industry.

Code of conduct- self-regulation is operated within the set code of conducts

Define ethics and explain how it relates to advertising.

Ethics are a set of well-defined principles that control and govern the ways of communication between the seller and the buyer. They are important in maintaining respect between the two bodies in agreements. Through acting ethically, the advertising company is responsible for the need of the consumers. Ethical advertising provides for an even ground for the consumers.


Fortin, N. D. (2016). Food regulation: law, science, policy, and practice. John Wiley & Sons.

Joyce, C., Ochoa, T. T., Carroll, M. W., Leaffer, M. A., & Jaszi, P. (2016). Copyright law (p. 85). Carolina Academic Press.

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