Wednesday 8 June 2016

P3 legal or ethical issues identified and resolved

The purpose and meaning:

Copyright is way to protect the owner or the artist from their original work to avoid been stolen to be used by other for profit.

I carried some detailed research for ferrero and the information below,state their position in regard to copy law and their product.

This is a still image advertisement  but it could also be a commercial for the inclusion of Ferrero Rocher chocolate. Because we used a specific brand of chocolate and not just unbranded chocolate in general, we are responsible for ensuring we are following copyright laws and not infringing on any of the rights of Ferrero Rocher. 

Creator’s Name: Ruoning Zhang
Date Created: June 2016
What Media is Used for: A-level studies
Where Images will be Used: This blog website for educational purposes
Permission for Use: Given until unit is complete


The consent form should be written in plain language free from jargon. It should allow the participant to clearly respond to each of these points:

  • the participant has read and understood information about the project
  • the participant has been given the opportunity to ask questions
  • the participant voluntarily agrees to participate in the project
  • the participant understands that he or she can withdraw at any time without giving reasons and without penalty
  • procedures regarding confidentiality are explained (use of names, pseudonyms, anonymisation of data, etc.)
  • separate terms of consent for interviews, audio, video or other forms of data collection
  • use of the data in research, publications, sharing and archiving are explained
  • signatures and dates of signing for the participant and the researcher

The following is written on Ferrero Rocher’s website under the heading “Legal Notice”:




Copyright and trademarks

The site www.ferrero.ca (the "Site") is the exclusive property of FERRERO INTERNATIONAL S.A. ("Ferrero"), which has created it for the purposes of information, communication, entertainment and made it available for personal and non-commercial use only.

The FERRERO trademark, the product and promotional trademarks displayed on the web pages of the Site (including their logos) and all other distinctive, denominative or figurative marks and the slogans related to them (the Ferrero Trademarks) are the exclusive property of the Ferrero Group company to whom they belong; any use or reproduction of them for any purpose or by any means is expressly and strictly prohibited and will be prosecuted under the appropriate laws.
The trademarks, logos and characters belonging to third parties displayed on the Site are the exclusive property of their owners, who have authorized their use: any reproduction is prohibited. 
The web pages that constitute the site and all their content (including, for example, but not limited to: text, images, graphics, sounds) are protected by copyright owned by Ferrero or include material the use of which has been duly authorized; thus their reproduction, duplication, publication, transmission (in whole or in part) in any form or by any means is prohibited. 


No reproduction of the Site or any part of it may be sold or distributed for commercial purposes. 
The downloading of material from the Site is permitted only if it is expressly authorised by appropriate indications within the Site; the said authorization regards the use of the downloaded material for personal and non-commercial purposes, any other form of use is strictly prohibited. Nothing contained on the Site may be interpreted as granting, explicitly or implicitly, third parties the license to use Ferrero Trademarks, text, images, graphics, sounds or any other elements protected by rights as per the preceding paragraph. 
Any material transmitted to the Site by its Users is subject to the specific Regulations which govern the conditions under which material is sent to the Site; Users are recommended to read the Regulations thoroughly before sending any material. 





This means that creators of an original piece of work can have some control over how it is used, which is not only fair but necessary for them to make a living from their talent and efforts. When they have the means to make a living from their work then they can continue to invest their time, and, in the case of publishers, their money into the production of new work.


Based on this information, I have determined that I can use their images and logo for this project because they are being used for personal and non-commercial use, which means I will not be making any money off of them or trying to use them to sell something else. This is important because Ferrero Rocher pays a lot of money to trademark and copyright their name and images, and they also make a lot of money through advertisements based on when people watch them and if they work well enough to get people to buy their product. Therefore I have to make sure that I am only using their image for this project or I could be persecuted under appropriate laws. 

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