1. CONTRACTUAL
A contract of employment is between a employer and the employee in which
they both set out their employment terms of right, responsibilities and duties.
There are different kind of contract employment such as long term, short term
and fixed term. However in the media industry there usually use a different
contract aswell as a contract they are known as confidentiality and exclusivity.
Confidentiality contract is the company's privacy protection. For example an
actor or anyone who is involved in films/tv company that know of their story
lines or know any privity information in the company have to disclose it from the
public so they don't give it away. If it is let out by a certain person, they are either
fired or fined or both. Also the injured party that the information was from has
cause to claim a breach of contract and can seek injunctive and monetary
damages. Exclusivity contract is where two more companies come to a deal
where one of the companies is helping another out so by buying exclusive from a
seller. In a tv and film case, im going to use the example of LOVEFiLM signs multi
- year exclusive contract deal with sony, this type of deal was so that sony
pictures could stream off LOVEFiLM for there own films such as the social
network and salt so that it has streaming rights which is known as ''second
subscription pay TV window.'' LOVEFiLM also have deals with entertainment
one, which has rights for films such as twilight saga. This type of deal is allowing
other companies to stream off LOVEFiLM as they have the movies that everyone
enjoys.
EMPLOYMENT LEGISLATION
Employment legislation refers to all types of employment measures such as
health and safety, equal opportunities, employers liability, employee rights, trade
unions and copyright. Starting with health and safety, the most important health
and safety responsibilities comes down to the employer involved and who are in
control of the premises and facilities. The health and safety roles in film and tv
industry come down to the investor/client, producer, production company,
contractor, designer, supplier, facilities company or studio. The equal
opportunities act is to ensure that the employer doesn’t discriminate the
employees grounds of statuses of private life. These things include:
Sex, pregnancy status, physical or mental impairment, race, religion, age, industrial activity (eg,
belonging to a union etc), lawful sexual activity/sexual orientation (who you sleep with), physical
features, martial, parental or career status, breastfeeding, gender identity, association with a
person identified with one of these grounds.
If any of the above is broken then the angry parties have to file for a compliant
the EEOC and present evidence of the offense. This is a civil proceeding so
therefore it is not a criminal proceeding. The employers liability act compulsory
insurance, deal with the health and safety of an employee in a result claim
compensation, this act ensures you have the minimum level of insurance to cover
the claim. Employers’ liability insurance will enable you to meet the cost of
compensation for your employees’ injuries or illness whether they are caused on
or off site.Public liability insurance is different. It covers you for claims made
2. against you by members of the public or other businesses, but not for claims by
employees. While public liability insurance is generally voluntary, employers’
liability insurance is compulsory. You can be fined if you do not hold a current
employers’ liability insurance policy, which complies with the law. The
employee’s right all consist of pay, minimum wage, employment conditions
contract, time off and holidays, flexible working and working hours, sickness and
company takeover, these are the employment right acts rules in which
companies have to ably from. The trade unions purposes are to protect and
improve people's pay and conditions of employment. They also campaign for
laws and policies, which will benefit working people.Trade unions exist because
an individual worker has very little power to influence decisions that are made
about his or her job. By joining together with other workers, there is more
chance of having a voice and influence.All sorts of jobs and industries are
covered by trade unions. Some unions represent people who do a particular job
or work in a specific industry - for example, the National Union of Journalists
(NUJ), as its name suggests, represents journalists, and the Union for Finance
Staff (UNIFI) is made up of people who do different jobs in the financial
sector.Other unions include a mixture of people in different jobs and sectors. The
biggest unions in Britain - the GMB, UNISON and the Transport and General
Workers Union (TGWU) represent people working in a range of different
occupations and industries in the public and private sectors. Often this is
because unions have merged with other unions so that they can increase their
membership and their influence. Copyright act, this law gives out creators of
literary, dramatic, musical, artistic works, sound recordings, broadcasts, films
and typographical arrangement of published editions, rights to control the ways
in which their material may be used.The rights cover; broadcast and public
performance, copying, adapting, issuing, renting and lending copies to the
public.In many cases, the creator will also have the right to be identified as the
author and to object to distortions of the individuals work.
ETHICAL
Ethical obligations are about the issues that industries embark on such as
morality exploitation, sensationalism, offensive material and privacy, however
are not usually enforced on by the law. The BCAP code, this code come into force
on 1 September 2010. It replaces the four previous separate BCAP Codes for
broadcast advertising. It entitles to all advertisements this includes teleshopping,
content on self-promotional television channels, television text and interactive
television advertisements. There are 11 codes of the BCAP there consist of
compliance, unacceptable product and services, harm and offence, children,
medicine, treatments, health claims and nutrition, finance and investment. If any
of these are broken or intact the CAP are able to inclose on the advertisement
and sue the company depending on how far the rule has been broken.
3. POLICY
Policy is very high in the film and TV industries. For example the BBC policy are
high on the policy for advertising, children protection, decency and the TV
watershed. The BBC broadcast its own shows, and therefore when it comes to
advertising they do not permit to carry advertisement or sponsorship on its
public services. This keeps them independent of commercial interests and
ensures that they can be run instead to serve the general public interest. The
child protection on the BBC, they work with many children every year and with
Child Protection Policy it ensures staff to support the BBC's commitment to
safeguarding the welfare of children and young people under the age of 18. The
BBC are very strict on the decency and tv watershed and have strict guidelines to
for dealing with issues of taste, sexual matters, violence and strong language.
REPRESENTATION
The BBC is constitutionally established by a Royal Charter. An accompanying
Agreement recognizes its editorial independence and sets out its public
obligations in detail.The BBC Royal Charter says that they must represent a
variety of cultural, religious and other backgrounds: representing the UK, its
nations, regions and communities, the Trust must seek to ensure that the BBC
reflects and strengthens cultural identities through original content at local,
regional and national level, on occasion bringing audiences together for shared
experiences; and promotes awareness of different cultures and alternative
viewpoints, through content that reflects the lives of different people and
different communities within the UK. This represent can consist the BBC one
show ‘songs of praise’ as its telling us to bring people from different cultures
together and to experience there culture and to know how to deal with people
having different cultures.
LEGAL
The Broadcasting act is a law of the British parliament. The aim of the Act is to
reform the entire structure of British broadcasting; British television, in
particular. An effect his Act was that, in the letter of the law, the television or
radio companies rather than the regulator became the broadcasters, as had been
the case in the early (1955-1964) era of the Independent Television Authority
when it had fewer regulatory powers than it would later assume. In television,
the Act allowed for the creation of a fifth analogue terrestrial television channel
in the UK, which turned out to be Channel 5, and the growth of multichannel
satellite television. It also stipulated that the BBC, which had previously
produced the vast majority of its television programming in-house, was now
obliged to source at least 25% of its output from independent production
companies.The act has sometimes been described, both as praise and as
criticism, as a key enabling force for Rupert Murdoch's ambitions in Britain.