Copyright & legal issues

Copyright, legal and ethical considerations

Insurance

Insurance is the process of being covered for any type of injury or theft to your belongings, property
or even yourself which is why there are so many types of insurance like car, pet and home. AON
insurance is a popular insurance company because it is the sponsor for the infamous Manchester
United football team so is recognised by many. AON is based around a client focused approach to
maximise their interaction with customers. They cover insurance for businesses and have
professionals who work and specialize in product, function and industry. They aim to uncover risks
and discover new opportunities to make the business more successful in the future. They have
become a global company therefore they are able to cover insurance for businesses all over the
world and help people overcome arising problems everywhere.

ASA

The Advertising Standards Authority (ASA) is the UK’s independent regulator of advertising across all
       media. They investigate and adjudicate on potential breaches of the advertising codes,
       monitor compliance with the rules. The company have been established since 1961 and have
       been protecting customers and promoting responsible advertising. Their business mission is
       to ensure that all advertising in all media is legal, decent, honest and truthful to benefit
       customers, business and society. They are succeeding in regulating online ads as well as
       being an effective part of the response to social issues shown to be affected by advertising.
       As of recently they are being much more efficient and in tune with customers and society in
       general to make their business and the help they provide much more beneficial to the
       consumer/s.

Public Liability

Bectu are an organisation working as the independent trade union for those broadcasting, film,
theatre, entertainment, leisure, interactive media and allied areas. Their union represents staff &
contract and freelance workers who are based primarily in the UK. There is a list of things that Bectu
can do for people for public liability; these include negotiating pay, conditions and contracts with
employers to increase the overall communications as well as an easier and faster contract
agreement. They also give personal advice and representation for individual members in the
production so that everyone can get the advice they need to fulfil their role efficiently. Another thing
in which Bectu can help with is give advice on health and safety, this is a great bit of help they can
provide as it allows you and your production team to safely work whilst knowing and being fully
aware of the risks involved as well as being aware of what to do in the case of a problem.

BBFC

The British board of film classification has a president and two vice presidents who have designated
        roles to take full responsibility for the classification of video works under the video
        recordings act of 1984. Their objective as a company is to make sure that all films in the UK
        are suitable to watch specified by age group. The full list of legal age groups are; Universal,
        Parental Guidance, 12A (12 years with an adult), 12 (suitable only for people over the age of
        12, 15, 18 (Suitable only for adults) and finally R18 (adult works for licensed premises only).
Their business mission is to protect the public and especially children from content which
        might raise harm risks, recognise and respect adult freedom of choice within the law and to
        empower the public, especially parents, to make informed viewing choices. The BBFC make
        sure that there is legal implications inside the media industry in the respect that people of
        certain age groups should not be allowed to see films or videos classified higher than
        themselves as this puts them at risk and it creates a bad impression specifically for children if
        this is defied.

Legal and Ethical considerations

When creating a piece of media for the industry especially a video which people can watch and view
       for themselves, being aware of the legal and ethical reasons behind the production is key as
       you are, in most cases, unaware of the reasons behind why certain things offend and insult
       particular people. Changing and adapting your production to fit around the demands and
       needs of the viewer is the unique selling point and also the only barrier between you and
       producing a remotely successful piece of media.Unethical ads will get you more fixations,
       but ethical business practices will attract more loyal customers in the long run. There was a
       legal case in 2010 when a man was fined and his media production advert was removed
       from industry as there were certain images and phrases used in the advert which provoked
       complaints from viewers living in foreign countries. The man was sentenced to a ban from
       the media industry for not considering the ethical reasons involved in making a piece of
       media. The main problem was that he forgot that people from all around the world can see
       the advert and he didn’t adapt the advert to different cultures so therefore not only did
       people not understand the reasoning behind specific images, they found it culturally
       insulting resulting in the production being scrapped.

Copyright is another huge issue involved in the legal authentications within the media industry.
       Copyright is a big issue the media industry faces. Legal protection is advised so that their
       original copyright can only be applied on the application of the idea, not the idea itself.
       Copyright is the process of being in control of the material you make, it gives you complete
       control over everything you produced if anyone were to make an attempt to steal it or
       imitate a copy of it in any way. It basically ensures you have control over what are yours and
       no one else’s. This has become a huge issue throughout the media industry and will continue
       to grow until companies realize how important it is to have a copyright infringement on your
       product or production.

There are multiple other legal issues involved in the media production industry which need to be
        mentioned so that both the client and the viewers are aware of what happens behind the
        advert. These include national security, filmmakers and producers must be aware of certain
        laws as the official secrets act of 1911 and the prevention of terrorism act. Employer liability
        is another key factor; it implies that the employer is by law, safe against liability for injury
        and disease which would otherwise arise them out of employment. Employers also must, by
        law, have the correct training for their job, be able to request breaks, have pay during sick
        leave from work and be able to work in a safe and healthy environment as well as having the
        ability to have flexible working hours.
Decency is the final legal requirement that needs to be covered and the client needs to be aware of
       what this is in relation to the legal requirements for a media production. Decency is where a
       production involves something which is socially unstable towards certain people. They may
       get annoyed and insulted by seeing something and therefore extremes can happen in the
       case of emotional breakdowns and even result in death. An example of this was when two
       Australian dj’s prank called Kate Middleton in hospital during her pregnancy issues. They
       attempted to imitate the queen and prince Charles ringing up to enquire and when they
       finally said who they were and were found out, the nurse who received the call was in such a
       bad emotional state beforehand that she ended up committing suicide shortly after from the
       stress. Another example is with a video game where there was a gun fight inside a church
       which caused religious upheaval as people believed the church to be a place of belief,
       worship and peace. The scene was edited differently afterwards to ensure that this issue
       was relieved. All in all, decency is the process of being able to make a piece of media without
       insulting / offending anyone viewing or hearing it so that it can be successful.

Clearances

EXAMPLE ADULT RELEASE FORM
TO: [YOUR ADDRESS]
DATE:
Dear [YOUR NAME]
Re: NAME OF YOUR FILM (“the Programme”)
I agree to the recording and broadcasting of the contribution given by me to [date]
to be used in connection for the film; [NAME OF YOUR FILM], and all related media.
I give you all the permissions you need from me, including the waiver of my moral rights, to
copy, exhibit, transmit, and broadcast my contribution including my image without time limit in
all countries in world by all means and in all media.
I accept that you may cut and edit my contribution as you wish and use it in the Programme
(including using it to publicise the Programme and related online and offline projects and
related publicity organised. This editing will be in accordance with current broadcasting
regulations in the United Kingdom.
Yours faithfully,
Signature
IMPORTANT (please print)
NAME:
ADDRESS:
PHONE:
EMAIL:

EXAMPLE PARENT/GUARDIAN RELEASE FORM
TO: YOUR ADDRESS
DATE:
Dear (YOUR NAME)
Re: (YOUR NAME) Recorded Contribution (“the Programme”)
I agree to the recording and broadcasting of the contribution given by my child to you on
[date] to be used in connections with (YOUR FILM) the nature of which has been fully
explained to me through your brief on the reverse of this letter, and all related media (YOU
MUST INCLUDE AN EXPLANATION OF THE FILM).
I give you all the permissions you need from me including the waiver of their moral rights, to
copy, exhibit, transmit, and broadcast the contribution and their image without time limit in all
countries in the world by all means and in all media.
I accept that you may cut and edit the contribution as you wish and use it in the Programme
(including using it to publicise the Programme and related online and offline projects and
related publicity). This editing will be in accordance with current broadcasting regulations in
the United Kingdom.
Yours faithfully,
Signature
Parent/Guardian
Of (Print name of child)
IMPORTANT (please print)
NAME:
ADDRESS:
PHONE:
EMAIL:

EXAMPLE LOCATION RELEASE FORM
[Name and address of owner of property]
Date:
Dear Sirs
("the Property")
We write to confirm our agreement that,
1. You will allow [Your Name] and those authorised by us the right to use [Location
Address] during on the agreed date(s) to film, photograph and record all of the property, and
to bring any equipment needed to do so.
2. We will be filming at the location from [start date] until [end date] as mutually agreed.
3. All rights in the films, photographs and recordings made and/or taken by us at the
property will be ours and we will be entitled to use the footage as you choose. You have
given us permission to refer to the Property by its real name or by a fictitious name or not to
refer to the Property by name and have no obligation to you to use the footage.
4. You agree that we have the right to make temporary changes, additions and
alterations in and to the Property. We will restore the Property to its original condition
immediately after filming has finished.
5. We will endeavour to take care of the property while we are filming, however we do
not have insurance and have made you aware of this.
6. This agreement shall be freely assignable by us and shall be interpreted in
accordance with the laws of England and Wales.
Kindly indicate your acceptance of the above by signing and returning to us a copy of this
agreement.
Yours faithfully Read and agreed by
for and on behalf of [your name] Owner of the property or person authorised
to give permission

EXAMPLE MATERIALS RELEASE FORM
Address:
Date:
Dear Sirs,
“Material" means the photograph/ music/ moving footage/ video recording taken/ provided by
you
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
We write to confirm our agreement as follows:-
1 You give us the non-exclusive right to record, copy, reproduce, broadcast, transmit
and perform all or part of the Material for and/or in connection with the production of
the agreed film and the film’s promotion throughout the world for the entire period of
copyright in the Material.
2 By signing this you agree that you are entitled to give us the rights referred to above
and that (a) giving us these permissions does not (i) infringe the copyright or any
other personal or property rights of any person or (ii) to the best of your knowledge
and belief be in breach of any laws or regulations or (iii) entitle anyone to claim any
payment from us and (b) that anyone appearing in the Material has given you their
consent, enabling you to let us use the material.
3 We agree that we will only use the Material as agreed in this document and we will
compensate you for all and any costs, claims, expenses and liabilities (including,
without limitation, legal fees and any sums paid on the advice of Counsel) resulting
from breach by us of any of the agreements and/or warranties and/or undertakings on
our part contained in this agreement and you hereby indemnify us against all and any
costs, claims, expenses and liabilities (including, without limitation, legal fees and any
sums paid on the advice of Counsel) resulting from breach by you of any of the
agreements and/or warranties and/or undertakings on your part contained in this
agreement.
4 You will make available to us on request (INSERT FORMAT i.e. DVD) of the Material.
5 You may terminate this agreement at any time by giving us notice in writing at the
above address and we will endeavour to remove the material from all websites, and
to cease the use of the Material.
6 This agreement is in accordance of the laws governing England and Wales.
Yours faithfully Read and agreed by
for and on behalf of authorised for and
[YOUR NAME] on behalf of
[MATERIAL OWNER

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Copyright & legal issues

  • 1. Copyright, legal and ethical considerations Insurance Insurance is the process of being covered for any type of injury or theft to your belongings, property or even yourself which is why there are so many types of insurance like car, pet and home. AON insurance is a popular insurance company because it is the sponsor for the infamous Manchester United football team so is recognised by many. AON is based around a client focused approach to maximise their interaction with customers. They cover insurance for businesses and have professionals who work and specialize in product, function and industry. They aim to uncover risks and discover new opportunities to make the business more successful in the future. They have become a global company therefore they are able to cover insurance for businesses all over the world and help people overcome arising problems everywhere. ASA The Advertising Standards Authority (ASA) is the UK’s independent regulator of advertising across all media. They investigate and adjudicate on potential breaches of the advertising codes, monitor compliance with the rules. The company have been established since 1961 and have been protecting customers and promoting responsible advertising. Their business mission is to ensure that all advertising in all media is legal, decent, honest and truthful to benefit customers, business and society. They are succeeding in regulating online ads as well as being an effective part of the response to social issues shown to be affected by advertising. As of recently they are being much more efficient and in tune with customers and society in general to make their business and the help they provide much more beneficial to the consumer/s. Public Liability Bectu are an organisation working as the independent trade union for those broadcasting, film, theatre, entertainment, leisure, interactive media and allied areas. Their union represents staff & contract and freelance workers who are based primarily in the UK. There is a list of things that Bectu can do for people for public liability; these include negotiating pay, conditions and contracts with employers to increase the overall communications as well as an easier and faster contract agreement. They also give personal advice and representation for individual members in the production so that everyone can get the advice they need to fulfil their role efficiently. Another thing in which Bectu can help with is give advice on health and safety, this is a great bit of help they can provide as it allows you and your production team to safely work whilst knowing and being fully aware of the risks involved as well as being aware of what to do in the case of a problem. BBFC The British board of film classification has a president and two vice presidents who have designated roles to take full responsibility for the classification of video works under the video recordings act of 1984. Their objective as a company is to make sure that all films in the UK are suitable to watch specified by age group. The full list of legal age groups are; Universal, Parental Guidance, 12A (12 years with an adult), 12 (suitable only for people over the age of 12, 15, 18 (Suitable only for adults) and finally R18 (adult works for licensed premises only).
  • 2. Their business mission is to protect the public and especially children from content which might raise harm risks, recognise and respect adult freedom of choice within the law and to empower the public, especially parents, to make informed viewing choices. The BBFC make sure that there is legal implications inside the media industry in the respect that people of certain age groups should not be allowed to see films or videos classified higher than themselves as this puts them at risk and it creates a bad impression specifically for children if this is defied. Legal and Ethical considerations When creating a piece of media for the industry especially a video which people can watch and view for themselves, being aware of the legal and ethical reasons behind the production is key as you are, in most cases, unaware of the reasons behind why certain things offend and insult particular people. Changing and adapting your production to fit around the demands and needs of the viewer is the unique selling point and also the only barrier between you and producing a remotely successful piece of media.Unethical ads will get you more fixations, but ethical business practices will attract more loyal customers in the long run. There was a legal case in 2010 when a man was fined and his media production advert was removed from industry as there were certain images and phrases used in the advert which provoked complaints from viewers living in foreign countries. The man was sentenced to a ban from the media industry for not considering the ethical reasons involved in making a piece of media. The main problem was that he forgot that people from all around the world can see the advert and he didn’t adapt the advert to different cultures so therefore not only did people not understand the reasoning behind specific images, they found it culturally insulting resulting in the production being scrapped. Copyright is another huge issue involved in the legal authentications within the media industry. Copyright is a big issue the media industry faces. Legal protection is advised so that their original copyright can only be applied on the application of the idea, not the idea itself. Copyright is the process of being in control of the material you make, it gives you complete control over everything you produced if anyone were to make an attempt to steal it or imitate a copy of it in any way. It basically ensures you have control over what are yours and no one else’s. This has become a huge issue throughout the media industry and will continue to grow until companies realize how important it is to have a copyright infringement on your product or production. There are multiple other legal issues involved in the media production industry which need to be mentioned so that both the client and the viewers are aware of what happens behind the advert. These include national security, filmmakers and producers must be aware of certain laws as the official secrets act of 1911 and the prevention of terrorism act. Employer liability is another key factor; it implies that the employer is by law, safe against liability for injury and disease which would otherwise arise them out of employment. Employers also must, by law, have the correct training for their job, be able to request breaks, have pay during sick leave from work and be able to work in a safe and healthy environment as well as having the ability to have flexible working hours.
  • 3. Decency is the final legal requirement that needs to be covered and the client needs to be aware of what this is in relation to the legal requirements for a media production. Decency is where a production involves something which is socially unstable towards certain people. They may get annoyed and insulted by seeing something and therefore extremes can happen in the case of emotional breakdowns and even result in death. An example of this was when two Australian dj’s prank called Kate Middleton in hospital during her pregnancy issues. They attempted to imitate the queen and prince Charles ringing up to enquire and when they finally said who they were and were found out, the nurse who received the call was in such a bad emotional state beforehand that she ended up committing suicide shortly after from the stress. Another example is with a video game where there was a gun fight inside a church which caused religious upheaval as people believed the church to be a place of belief, worship and peace. The scene was edited differently afterwards to ensure that this issue was relieved. All in all, decency is the process of being able to make a piece of media without insulting / offending anyone viewing or hearing it so that it can be successful. Clearances EXAMPLE ADULT RELEASE FORM TO: [YOUR ADDRESS] DATE: Dear [YOUR NAME] Re: NAME OF YOUR FILM (“the Programme”) I agree to the recording and broadcasting of the contribution given by me to [date] to be used in connection for the film; [NAME OF YOUR FILM], and all related media. I give you all the permissions you need from me, including the waiver of my moral rights, to copy, exhibit, transmit, and broadcast my contribution including my image without time limit in all countries in world by all means and in all media. I accept that you may cut and edit my contribution as you wish and use it in the Programme (including using it to publicise the Programme and related online and offline projects and related publicity organised. This editing will be in accordance with current broadcasting regulations in the United Kingdom. Yours faithfully, Signature IMPORTANT (please print) NAME: ADDRESS: PHONE: EMAIL: EXAMPLE PARENT/GUARDIAN RELEASE FORM TO: YOUR ADDRESS DATE: Dear (YOUR NAME) Re: (YOUR NAME) Recorded Contribution (“the Programme”) I agree to the recording and broadcasting of the contribution given by my child to you on [date] to be used in connections with (YOUR FILM) the nature of which has been fully explained to me through your brief on the reverse of this letter, and all related media (YOU MUST INCLUDE AN EXPLANATION OF THE FILM). I give you all the permissions you need from me including the waiver of their moral rights, to copy, exhibit, transmit, and broadcast the contribution and their image without time limit in all
  • 4. countries in the world by all means and in all media. I accept that you may cut and edit the contribution as you wish and use it in the Programme (including using it to publicise the Programme and related online and offline projects and related publicity). This editing will be in accordance with current broadcasting regulations in the United Kingdom. Yours faithfully, Signature Parent/Guardian Of (Print name of child) IMPORTANT (please print) NAME: ADDRESS: PHONE: EMAIL: EXAMPLE LOCATION RELEASE FORM [Name and address of owner of property] Date: Dear Sirs ("the Property") We write to confirm our agreement that, 1. You will allow [Your Name] and those authorised by us the right to use [Location Address] during on the agreed date(s) to film, photograph and record all of the property, and to bring any equipment needed to do so. 2. We will be filming at the location from [start date] until [end date] as mutually agreed. 3. All rights in the films, photographs and recordings made and/or taken by us at the property will be ours and we will be entitled to use the footage as you choose. You have given us permission to refer to the Property by its real name or by a fictitious name or not to refer to the Property by name and have no obligation to you to use the footage. 4. You agree that we have the right to make temporary changes, additions and alterations in and to the Property. We will restore the Property to its original condition immediately after filming has finished. 5. We will endeavour to take care of the property while we are filming, however we do not have insurance and have made you aware of this. 6. This agreement shall be freely assignable by us and shall be interpreted in accordance with the laws of England and Wales. Kindly indicate your acceptance of the above by signing and returning to us a copy of this agreement. Yours faithfully Read and agreed by for and on behalf of [your name] Owner of the property or person authorised to give permission EXAMPLE MATERIALS RELEASE FORM Address: Date: Dear Sirs, “Material" means the photograph/ music/ moving footage/ video recording taken/ provided by you __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ We write to confirm our agreement as follows:-
  • 5. 1 You give us the non-exclusive right to record, copy, reproduce, broadcast, transmit and perform all or part of the Material for and/or in connection with the production of the agreed film and the film’s promotion throughout the world for the entire period of copyright in the Material. 2 By signing this you agree that you are entitled to give us the rights referred to above and that (a) giving us these permissions does not (i) infringe the copyright or any other personal or property rights of any person or (ii) to the best of your knowledge and belief be in breach of any laws or regulations or (iii) entitle anyone to claim any payment from us and (b) that anyone appearing in the Material has given you their consent, enabling you to let us use the material. 3 We agree that we will only use the Material as agreed in this document and we will compensate you for all and any costs, claims, expenses and liabilities (including, without limitation, legal fees and any sums paid on the advice of Counsel) resulting from breach by us of any of the agreements and/or warranties and/or undertakings on our part contained in this agreement and you hereby indemnify us against all and any costs, claims, expenses and liabilities (including, without limitation, legal fees and any sums paid on the advice of Counsel) resulting from breach by you of any of the agreements and/or warranties and/or undertakings on your part contained in this agreement. 4 You will make available to us on request (INSERT FORMAT i.e. DVD) of the Material. 5 You may terminate this agreement at any time by giving us notice in writing at the above address and we will endeavour to remove the material from all websites, and to cease the use of the Material. 6 This agreement is in accordance of the laws governing England and Wales. Yours faithfully Read and agreed by for and on behalf of authorised for and [YOUR NAME] on behalf of [MATERIAL OWNER