Information about product placement in television programmes and computer games and programme sponsorship.
Who makes the rules about product placement in television programmes?
Can I pay to include my product in a TV programme?
Is it acceptable to donate goods or services in the hope they will be featured in a programme?
Can I get an end-credit if my products are used in a programme?
What is "undue prominence"?
What is programme sponsorship?
Can I sponsor a programme?
Can I include my product in a computer game?
Why are computer games different?
Are there international issues?
Who makes the rules about product placement in television programmes?
The Independent Television Commission licenses and regulates commercial television in the UK. The ITC sets and maintains standards for programmes, advertising and technical quality through the ITC Programme Code, ITC Code of Advertising Standards and Practice, ITC Rules on Advertising Breaks and ITC Code of Programme Sponsorship. The BBC's "Producers’ Guidelines" regulate all of the BBC's broadcast services. These Guidelines are on the whole more exacting and comprehensive than the ITC Programme Code.
Can I pay to include my product in a TV programme?
No. The general rule is that a company may not pay for the inclusion of, or reference to, a product or service within a programme. This is called "Product Placement" and is prohibited.
Is it acceptable to donate goods or services in the hope they will be featured in a programme?
"Where their use is clearly justified editorially products or services may be acquired at no or less than full cost."
However, the person donating the goods or services is not allowed to attach a condition to the provision of the goods or services relating to the "manner of its appearance in the programme.", and at no time can the product be given "undue prominence".
Can I get an end-credit if my products are used in a TV programme?
Yes, a basic text acknowledgement lasting no more than 5 seconds may be included within the end credits of the programme for the donated product, but only where the identity of the product or service is not otherwise apparent from the programme itself.
What is "undue prominence"?
"Undue prominence" may not be given to a commercial product or service, and it must be clear that no impression is created of external commercial influence on the editorial process. In no circumstances may the manner of appearance of a product be the subject of negotiation or agreement with the supplier. Branded products should not, as a general rule, be referred to in audio by brand name, or shown in close-up or from an angle which displays the branding to best advantage, or for any significant length of time.
What is programme sponsorship?
This is the payment by a company to receive a credit associating them with a particular programme.
Can I sponsor a programme?
Yes. Sponsorship of programmes is allowed (except for news, business and financial reports and current affairs programmes). However, this area is heavily regulated by the ITC under its Code of Programme Sponsorship.
Can I include my product in a computer game?
Yes. The computer games industry is largely self-regulated by the trade association, ELSPA. The regulation of computer games is primarily based on suitability for children. Currently there is no prohibition on including products in computer games.
Why are computer games different?
Computer games are aimed at a different market than mainstream television. Traditionally, computer game publishers have paid for products to be inserted into their games and on the game packaging. By doing so, the publisher hopes that some of the goodwill associated with the product will rub off on the computer game thereby increasing sales. However, with the emergence of certain key brands, this trend may be reversed in the near future.
Are there international issues?
Yes. If you are arranging product placement in a TV show or a computer game (or indeed any other entertainment product) that will be exploited abroad, you should bear in mind that there may be different product placement rules for each territory. Also, bear in mind that while you may have trade mark (and other) rights in respect of your product in the UK, an identical trade mark could be owned by a third party in another jurisdiction. Some prior research is therefore recommended to help avoid infringement proceedings.
