INTRODUCTION AND INITIAL TASK
Research contractual, legal and ethical observations in the television and film industries and produce a written report, which must comprehensively explain contractual, legal and ethical obligations in the television and film industries with reference to elucidated examples and consistently using subject terminology correctly.
Contractual observation
A contract is an agreement reached between two or more parties which is legally enforceable when executed in accordance with specific requirements. Contracts should be project specific and reflect the agreement between the parties. Contracts are obviously a key part of every business and it is therefore fundamental that all parties to a contract understand the terms included in a contract and the rights and responsibilities of the parties under that contract.
Every contract should have:
Every contract should have:
- Offer;
- Acceptance;
- Consideration (although note the position in relation to Scotland below); and
- Intention to create legal relations.
Examples:
Paradox: Back To The Future
Genre: Indiana Jones And The Kingdom Of The Crystal Skull
Incident On 57th Street: Harry Potter And The Chamber Of Secrets
Rasputin: Iron Man 2
Changing Season: The Lord Of The Rings - The Fellowship Of The Ring
Half Dead: Spider-Man 3
Corporate Headquarters: Star Trek
Prime Detective: Transformers
Paradox: Back To The Future
Genre: Indiana Jones And The Kingdom Of The Crystal Skull
Incident On 57th Street: Harry Potter And The Chamber Of Secrets
Rasputin: Iron Man 2
Changing Season: The Lord Of The Rings - The Fellowship Of The Ring
Half Dead: Spider-Man 3
Corporate Headquarters: Star Trek
Prime Detective: Transformers
There are many forms of contractual agreements that can be disclosed, the following list references elucidated examples of the way contracting can be used in order to certify the film crew's agreement to the recipient.
- Actor Contract - A contract signed by the actors in your project to show their consent and willingness to work on your project.
- Camera Department Deal - This contract applies to everyone working a camera on the set which attaches them onto the project for the amount of time that it takes to shoot it.
- Casting Director Agreement - This agreement remains between the casting director and the production company that agrees that the casting director is allowed to depict who to hire in your production.
- Catering Agreement - A straight-forward contract that forms an agreement with the catering company that provides the food for the cast and crew on-set.
- Film Director Agreement - The director agreement is a symbol of the delivery and expectations of service that the film director will provide to the cast, crew and project itself.
- Film Finder Agreement - This is an agreement between the person who brought the premise of the film to the filmmaker's attention and the filmmaker. This makes sure that the finder gets the compensation from the film and credits for the film.
- Film Location Agreement - An extensive agreement that usually consists of six individual pages that covers all aspects between the production company and its shooting location.
- Film Non Disclosure Agreement - An agreement between the production company and crew that protects the film to safeguard intellectual property.
- Film Sales Agency Agreement - A boiler template as to what your agreement can contain within a distribution company.
- Location Release - A contract agreement that discusses a location.
- Location Return Release - A contract that has to be signed when the location is finished being used by the film company.
- Model Release - A contract that is signed by both the filmmaker and the models being used in their film.
- Music Video Contract - A deal that is signed with the cast and crew when making a music video.
- Producer Representative Agreement - An agreement that is signed between the film producer that acts as representative with the distribution company.
- Product Placement Release - A contract that is commissioned with the company supplying a licence product in the film.
- Production Crew Memo - A deal memo with the production crew.
- Screenplay Option Agreement - Whether or not the scriptwriter has to re-write or develop another film will be stated here. The writer should read the contract and understand what is required of them.
Legal Observation
Numerous of new laws have been created over the past decade, so far approximately 20 different laws have been implemented in ways that have affected both the television and film industries. Employment legislation covers laws and standards in order tot ensure employees will not suffer mentally or physically due to any types of dangerous or unhealthy working environments. Employment legislation has a number of different parts such as health and safety. This depending on the company is all different, I'll use the BBC as my example. The BBC has strict policies involving accident and incident reporting, guidelines for health and safety, a risk assessment procedure and a security policy, all stated on the ''BBC Health and Sdwty Policy Statement''. Employees will be expected to abide by these rules and know the policies in order to help the BBC make sure the working environment maintains health and safety elements at all times.
|
Most media industry employers if not all will have a policy that ensures equal opportunities for all by not allowing any discrimination in terms of gender, race, disability, sexuality, religion or age. There is a law against this type of discrimination but some employers will be better at providing equal opportunities than others. Channel 4 even goes as far as to regularly monitor figures.
Employees will have many rights in their contracts regarding payments, sickness, holidays and the right to not be harassed, bullied or discriminated against. Trade unions can provide many benefits to members such as negotiating pay, conditions and contracts with employers and helping individual members with support, advice and representation if they find themselves having trouble with employers.
Employees will have many rights in their contracts regarding payments, sickness, holidays and the right to not be harassed, bullied or discriminated against. Trade unions can provide many benefits to members such as negotiating pay, conditions and contracts with employers and helping individual members with support, advice and representation if they find themselves having trouble with employers.
Employers liability
The employee's act 1969 ensures that a minimum level of insurance is in place for the business to have cover against any liability claims. As an employers, they would be responsible for the health and safety of their employees during working hours in any work place. If an employee feels that an employer is responsible for any illness or injury, they might try to claim compensation.
Copy right
Copyright is a concept where people can own physical objects. The copy right act protects works of the designs that a certain individual such as Coca Cola. Their logo and designs are protected by the copy right laws so that an individual or another copy can not use their logo and advertise it to members of the public. The reason you would want anything copyright is that it prevents unauthorised use, altering the piece in any way and performing or displaying the work publicly. In order for work to be copyrighted, it will have to contain original content. All works that have been created since 1978 automatically become the copyright property of their creators. Although some people still pay a visit to the copyright office and give them the form and the fee for extra protection on their creation, mainly to protect them from any extreme legal disputes.
Equality
Equality has to be considered to every business so that everyone within the business is treated equally . Someone will always think that they should be paid better because they are older. Different equality acts have been drawn up over the years and they're still being revised within the last few years. The equality act of 2006 was to cover three main purposes. To establish a commission for equality and human rights. To make discrimination on the grounds of religion or religious beliefs, belief in the provision of facilities, goods and services, education, the disposal and management of premises and the exercise of public functions. And to create a duty to public authorities to promote equality of opportunity between women and men and prohibit sex discrimination in the exercise of public functions.
The employee's act 1969 ensures that a minimum level of insurance is in place for the business to have cover against any liability claims. As an employers, they would be responsible for the health and safety of their employees during working hours in any work place. If an employee feels that an employer is responsible for any illness or injury, they might try to claim compensation.
Copy right
Copyright is a concept where people can own physical objects. The copy right act protects works of the designs that a certain individual such as Coca Cola. Their logo and designs are protected by the copy right laws so that an individual or another copy can not use their logo and advertise it to members of the public. The reason you would want anything copyright is that it prevents unauthorised use, altering the piece in any way and performing or displaying the work publicly. In order for work to be copyrighted, it will have to contain original content. All works that have been created since 1978 automatically become the copyright property of their creators. Although some people still pay a visit to the copyright office and give them the form and the fee for extra protection on their creation, mainly to protect them from any extreme legal disputes.
Equality
Equality has to be considered to every business so that everyone within the business is treated equally . Someone will always think that they should be paid better because they are older. Different equality acts have been drawn up over the years and they're still being revised within the last few years. The equality act of 2006 was to cover three main purposes. To establish a commission for equality and human rights. To make discrimination on the grounds of religion or religious beliefs, belief in the provision of facilities, goods and services, education, the disposal and management of premises and the exercise of public functions. And to create a duty to public authorities to promote equality of opportunity between women and men and prohibit sex discrimination in the exercise of public functions.
Filming people
Privacy
As said by the European Convention on Human Rights and the Human Rights Act of 1998, the privacy act is to give further effect to rights and freedoms guaranteed under the European Convention of Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes. This is because “everyone has the right to respect to respect for his/her private and family life, his/her home and his/her correspondence” “for the prevention of disorder or crime, for the protection of health and morals.”
Data Protection
“The Data Protection Act of 1998 is a United Kingdom Act of Parliament designed to protect personal data stored on computers or in an organised paper filing system. The Act defined eight data protection principles to ensure that information was processed lawfully. A simple image of a person can amount as personal data if the person can be identified. The simplest way to comply is to obtain the consent of the individual depicted, either specifically through a signed agreement or by displaying sufficiently prominent and clear notices warning the public that filming is taking place and they should avoid the designated area if they do not want to be filmed.”
Defamation
Filmmakers must take into consideration on the way a person is depicted in the film being shot as they “must take care not to defame any individuals depicted.” This is why filmmakers need to make sure to back up their statements through forms of evidence such as a persons consent.
Ofcom Code
The Ofcom code states that “Those making broadcast television programmers should note the provisions of the Ofcom Code, which state that it is acceptable for broadcasters to film in a general manner in a public place providing the footage is brief, incidental, and an individual is not engaged in a personal or private activity.”
As said by the European Convention on Human Rights and the Human Rights Act of 1998, the privacy act is to give further effect to rights and freedoms guaranteed under the European Convention of Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes. This is because “everyone has the right to respect to respect for his/her private and family life, his/her home and his/her correspondence” “for the prevention of disorder or crime, for the protection of health and morals.”
Data Protection
“The Data Protection Act of 1998 is a United Kingdom Act of Parliament designed to protect personal data stored on computers or in an organised paper filing system. The Act defined eight data protection principles to ensure that information was processed lawfully. A simple image of a person can amount as personal data if the person can be identified. The simplest way to comply is to obtain the consent of the individual depicted, either specifically through a signed agreement or by displaying sufficiently prominent and clear notices warning the public that filming is taking place and they should avoid the designated area if they do not want to be filmed.”
Defamation
Filmmakers must take into consideration on the way a person is depicted in the film being shot as they “must take care not to defame any individuals depicted.” This is why filmmakers need to make sure to back up their statements through forms of evidence such as a persons consent.
Ofcom Code
The Ofcom code states that “Those making broadcast television programmers should note the provisions of the Ofcom Code, which state that it is acceptable for broadcasters to film in a general manner in a public place providing the footage is brief, incidental, and an individual is not engaged in a personal or private activity.”
Filming locations
“Buildings are protected by copyright under English law but there is a specific exception under section 62 of the Copyright, Designs and Patents Act 1988 which permits you to take a photograph or film of a building without infringing its copyright. This means that you do not require the permission of the owners of the copyright in a building to make a film or take a photograph of it.”
Copyright
“A building on public display is not infringed by making a film, photograph, broadcasting a visual image or making a graphic work representing it.”...“The law does not apply to buildings created before December 1, 1990 (so architectural photos of such works can be taken and reproduced without permission).”
Filming on Private Land
In order to be allowed to film on land, you would need consent from the landlord as only some parts of the land might be made open specifically for the public while others could be private.“The exception under section 62 (described above) does not mean you can freely enter onto private land to photograph and record buildings.” What also should be taken into consideration would be how the owner might only give you specific rights “For example, whilst you could, under copyright law, make a recording of the interior of the building without permission, it is likely to be one of the terms of entry to the building that you will not take any such recordings, or that such recordings may only be for personal use.”
Expired Copyright
If the owner of the house or the architect of the land or building has been dead for over 70 years, then there would be no copyright infringement issues but you still must remain careful as there is still a likelihood that you would face the same copyright issues.
Visible Trademarks and Logos
All types of trademarks on buildings on visible logos need permission in order to be used for films. An example of this would be the statue of liberty as it is a popular statue however, it has been trademarked so it needs permission in order to film it for business use.
Logo Copyright
Any logos, designs and artworks that are found inside or outside of a building will need permission and consent in order to be used. This would only ''covers genuinely incidental uses of copyright works, in the sense that their inclusion is casual or of secondary importance and is not the focus of a shot. Including an image of a copyright work that is referenced in the screenplay is unlikely to be regarded as incidental, for example. The incidental use exception is also unlikely to extend to replicating artworks, designs and other works protected by copyright that are visible on or in the building. Whether or not a particular use is incidental should be reviewed on a case-by-case basis.”
Passing Off and Defamation
“A building may also be considered to represent an individual or institution, even if no logos are visible” This however can be argued as a building may be used as a symbolism of where the film is being set however, filmmakers should still do such a filming with caution especially if they use such a footage for marketing or promotional use.
National Monuments and New Buidings
Section 62 of the Copyright, Designs and Patents Act 1988 which states: “Representation of certain artistic works on public display. This section applies to buildings, and sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public. The copyright in such a work is not infringed by making a graphic work representing it, making a photograph or film of it, or [making a broadcast of] a visual image of it. Nor is the copyright infringed by the issue to the public of copies, or the [communication to the public], of anything whose making was, by virtue of this section, not an infringement of the copyright.” This means there a likelihood that there is no copyright infringements to old buildings that the copyright low has expired. If however the ''building owners could have registered the actual image f the building itself as a trademark''', then you could not take any photos or footage if the building.
Lights Displays on Buildings and Works of Public Art
The law for this would be how simple light displays are unlikely to have a copyright law which means they could be copied. This would be unless they were more complex and had a featured logo, design or patented artwork in order to keep it protected against the copyright infringement.
Copyright
“A building on public display is not infringed by making a film, photograph, broadcasting a visual image or making a graphic work representing it.”...“The law does not apply to buildings created before December 1, 1990 (so architectural photos of such works can be taken and reproduced without permission).”
Filming on Private Land
In order to be allowed to film on land, you would need consent from the landlord as only some parts of the land might be made open specifically for the public while others could be private.“The exception under section 62 (described above) does not mean you can freely enter onto private land to photograph and record buildings.” What also should be taken into consideration would be how the owner might only give you specific rights “For example, whilst you could, under copyright law, make a recording of the interior of the building without permission, it is likely to be one of the terms of entry to the building that you will not take any such recordings, or that such recordings may only be for personal use.”
Expired Copyright
If the owner of the house or the architect of the land or building has been dead for over 70 years, then there would be no copyright infringement issues but you still must remain careful as there is still a likelihood that you would face the same copyright issues.
Visible Trademarks and Logos
All types of trademarks on buildings on visible logos need permission in order to be used for films. An example of this would be the statue of liberty as it is a popular statue however, it has been trademarked so it needs permission in order to film it for business use.
Logo Copyright
Any logos, designs and artworks that are found inside or outside of a building will need permission and consent in order to be used. This would only ''covers genuinely incidental uses of copyright works, in the sense that their inclusion is casual or of secondary importance and is not the focus of a shot. Including an image of a copyright work that is referenced in the screenplay is unlikely to be regarded as incidental, for example. The incidental use exception is also unlikely to extend to replicating artworks, designs and other works protected by copyright that are visible on or in the building. Whether or not a particular use is incidental should be reviewed on a case-by-case basis.”
Passing Off and Defamation
“A building may also be considered to represent an individual or institution, even if no logos are visible” This however can be argued as a building may be used as a symbolism of where the film is being set however, filmmakers should still do such a filming with caution especially if they use such a footage for marketing or promotional use.
National Monuments and New Buidings
Section 62 of the Copyright, Designs and Patents Act 1988 which states: “Representation of certain artistic works on public display. This section applies to buildings, and sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public. The copyright in such a work is not infringed by making a graphic work representing it, making a photograph or film of it, or [making a broadcast of] a visual image of it. Nor is the copyright infringed by the issue to the public of copies, or the [communication to the public], of anything whose making was, by virtue of this section, not an infringement of the copyright.” This means there a likelihood that there is no copyright infringements to old buildings that the copyright low has expired. If however the ''building owners could have registered the actual image f the building itself as a trademark''', then you could not take any photos or footage if the building.
Lights Displays on Buildings and Works of Public Art
The law for this would be how simple light displays are unlikely to have a copyright law which means they could be copied. This would be unless they were more complex and had a featured logo, design or patented artwork in order to keep it protected against the copyright infringement.
Media Insurance A media insurance usually ‘’covers the cost of claims made against your business by a client or member of the public, should your work have resulted in injury or property damage. Public liability covers protects against the compensation payouts and legal costs…All productions, international and domestic, need proof of Public Liability Insurance in order to receive permission to film or carry out commercial photography. This insurance covers the legal responsibilities of your production if your activities cause injury to a third party or damage to property.’’ Usually, you would require to have up to £2 million to cover street filming or photography and depending on the size of your production, this could easily reach up to £5 million as well as comply with regulations stated by the Health and Safety laws in order to keep your insurance policy validated. When it comes to students, you would need confirmations and coverage from either your university or college in certain areas. If you are not a UK-based filmmaker, Borough Film Services assists with non-UK policies as you might not be accepted in all locations.
Child Performance Licence
A child performing Licence is required if a child actor/actress is required to perform. This license is issued by the Education Welfare Department of local authority or borough film services where the child resides unless they are in a boarding school. You would need to give the applicant 21 days prior notice or minimally, 7 days before filming since 1968 (the date this law begun).
Child Performance Licence
A child performing Licence is required if a child actor/actress is required to perform. This license is issued by the Education Welfare Department of local authority or borough film services where the child resides unless they are in a boarding school. You would need to give the applicant 21 days prior notice or minimally, 7 days before filming since 1968 (the date this law begun).
Ethical Observations
Code of practice
The code of practices is written rules based on ethical expectations of employees. The BBC states that their code ‘’stops employees behaving unethical ways, ensuring the creator of a piece of content behaves according to ethical standards.’’ and makes sure ‘’relations between the BBC and independent producers are fair and transparent.’’
Policies and Procedures
There are several policies and procedures TV and film companies place in order to maintain their ethical practices especially related to business conduct, recruitment, employment and record management. They are supported by legislations like health and safety as well as equal opportunities laws. The BBC follows policies and procedures in order to avoid legal action and keep an overall good reputation. They do this by implying policies that safeguards children who work in their programs by introducing the watershed policy after 9pm to ensure children are not exposed towards matters, issues and images with graphic, violent or inappropriate content.
Social Concerns
‘’A company’s ethical policies might extend to dealing with emerging social concerns such as the treatment of people with disabilities, the sexual exploitation of children and empowering youth. Channel 4 for example is committed to highlighting issues around those with disabilities. They broadcast the Paralympics and have commissioned a range of programmes dealing with disabled people and their lives. They also have documentaries under the Dispatches series that tackle and highlight a huge range of very serious issues including Britain’s sex gangs.” This shows that Channel 4 makes sure to branch out to reach social issues concerning exploitation of children, disabilities and gang life in order to help the country improve.
Representation
Representations of different social groups is a key towards society’s development as well as encouragement towards issues such as gender equality, race equality or ethical equality. An example of a show than runs on Channel 4 would be My big fat gypsy wedding as are to see different types of lifestyles as a sort of entertainment. This may have a lot of criticism for its stereotypical portrayal for gypsies however, they are changing the show in order to enlighten both the positive and negative parts of they’re lifestyle so there is no direct bias opinion.
The code of practices is written rules based on ethical expectations of employees. The BBC states that their code ‘’stops employees behaving unethical ways, ensuring the creator of a piece of content behaves according to ethical standards.’’ and makes sure ‘’relations between the BBC and independent producers are fair and transparent.’’
Policies and Procedures
There are several policies and procedures TV and film companies place in order to maintain their ethical practices especially related to business conduct, recruitment, employment and record management. They are supported by legislations like health and safety as well as equal opportunities laws. The BBC follows policies and procedures in order to avoid legal action and keep an overall good reputation. They do this by implying policies that safeguards children who work in their programs by introducing the watershed policy after 9pm to ensure children are not exposed towards matters, issues and images with graphic, violent or inappropriate content.
Social Concerns
‘’A company’s ethical policies might extend to dealing with emerging social concerns such as the treatment of people with disabilities, the sexual exploitation of children and empowering youth. Channel 4 for example is committed to highlighting issues around those with disabilities. They broadcast the Paralympics and have commissioned a range of programmes dealing with disabled people and their lives. They also have documentaries under the Dispatches series that tackle and highlight a huge range of very serious issues including Britain’s sex gangs.” This shows that Channel 4 makes sure to branch out to reach social issues concerning exploitation of children, disabilities and gang life in order to help the country improve.
Representation
Representations of different social groups is a key towards society’s development as well as encouragement towards issues such as gender equality, race equality or ethical equality. An example of a show than runs on Channel 4 would be My big fat gypsy wedding as are to see different types of lifestyles as a sort of entertainment. This may have a lot of criticism for its stereotypical portrayal for gypsies however, they are changing the show in order to enlighten both the positive and negative parts of they’re lifestyle so there is no direct bias opinion.
Links Used:
https://www.slideshare.net/Mattwattsmedia/legal-ethical-and-contractual-constraints-in-the-media-industry-13456879
https://www.out-law.com/page-396
http://www.uniteforsight.org/global-health-university/filmmaking
https://nondisclosureagreement.com/film-movie.html
https://4damday.weebly.com/employment-legislation.html
https://www.scribd.com/document/392469938/safety-policy-statement-healthandsafety30sep14#download&from_embed
http://filmlondon.org.uk/filming-people
https://kyrawrightbtecfilm.weebly.com/research-document1.html
https://www.out-law.com/page-396
http://www.uniteforsight.org/global-health-university/filmmaking
https://nondisclosureagreement.com/film-movie.html
https://4damday.weebly.com/employment-legislation.html
https://www.scribd.com/document/392469938/safety-policy-statement-healthandsafety30sep14#download&from_embed
http://filmlondon.org.uk/filming-people
https://kyrawrightbtecfilm.weebly.com/research-document1.html