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U.S. laws about advertising usually relate either
to buyer/seller issues (including
deception and fraud) or to competitor
issues (copyright, trade mark, brand name, slander and libel).
Historically, problems always existed between buyers
and sellers: the ancient Roman slogan was "caveat emptor"
(buyer beware).
But, during the 19th and early 20th centuries, hard-core
fraudulent ads ("snake oil," "medicine shows,"
cancer cures) had increased so much that the legitimate business
community got Congress in the 1920s to enact federal laws to prohibit
"unfair and deceptive" ads, and to assign the Federal
Trade Commission (FTC) to regulate them.
Until the 1960s, the FTC focused on such hard-core
fraud. Then, the "consumer movement" brought new
laws and widened the scope of the FTC to protect consumers from
some advertising abuses (including many "borderline" cases)
of corporations.
Today, most politicians agree that laws are needed
against hard-core fraud.
Conservatives, however, want fewer regulations of other ads, trusting
in the "free enterprise" marketplace to weed out bad ads
and bad products.
Liberals, in contrast, want more regulations (especially disclosure
laws about health and safety issues) so that big government
acts on behalf of the individual to counter-balance the growing
sophistication and power of big corporate advertising.
Scattered laws and regulators (FTC, FDA) operate
today, and some self-regulation (NARB, BBB) is found within the
ad industry, but no coherent overall plan exists because of these
great ideological conflicts.
For specific laws, current controversies,
see:
google.com
adage.com
cfa.org
ftc.gov
fda.gov
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Legal limits are usually not common problems in
student writing, except for a few situations: plagiarism, copyright
violation, and libel.
Plagiarism is a common form of cheating:
stealing the writing, using the words of another person without
giving credit.
Online plagiarism.
Obviously, anyone downloading term papers from online sources
(or from fraternity files, and so on) knows that they are doing
something dishonest and illegal.
Yet, students who are trying to be fair and honest,
sometimes worry about the use of source material. Most teachers
will cite guidelines or style sheets from the major academic organizations.
The basic guideline is that you can include anything
as long as you cite it correctly. Quotation marks
should be used to indicate whenever the exact wording is used.
Paraphrasing should summarize in your own
words and sentence structure. Both quotes and paraphrases should
cite the original author.
"Common knowledge" doesn't
need to be documented, but if you have any borderline worries,
ask a teacher or a librarian. Be honest to your audience. Be fair
to the original writer.
Copyright laws are designed to protect
the intellectual property of the creator from unauthorized commercial
exploitation by others. The main copyright problems today relate
to pirated DVDs, videotapes, audiotapes, music downloads, and
photocopied reprints of texts.
"Fair use" provisions of the
law allow all students and scholars to photocopy single copies
of written work for their own research, but not multiple copies
for re-sale.
Libel and slander laws protect the individual
from attacks damaging one's reputation. Young people are often
zealous in their criticism and attacks (e.g. in student newspapers);
reckless charges are sometimes made.
Basic guideline: you insult
people at your own risk.
Even when legal, such ad hominem attacks are often
rude, offensive, impolite, and impolitic. They often boomerang.
Conflicts will always exist in a free democratic
society which values diversity and free speech. We need to encourage
a "civil tongue," to know how to disagree or
criticize without invective, libel, or slander.
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