Legal issues in the media industry

I know, this is gonna be exciting!

ConstraintsWhat do we mean by the word ‘constraints’?

ConstraintsWhat do we mean by the word ‘constraints’?

“A limitation or restriction”

Who constrains the TV industry?

There are 2 types of constraints: those backed up by law (legal constraints) and those backed up by practice, but not by a particular law.

For example, the advertising industry regulates itself through the ASA, but these regulations aren’t strictly legal.

TodayWe’re going to look into legal & ethical constraint’s on the industry.

Employment LegislationEmployment legislation refers to the laws which protect both employers and their workers from unhealthy, unsafe working conditions or situations.

There are a multitude of issues here; employer liability, employee’s rights, health and safety, equal opportunities (which includes race, gender, age etc…)  

Employer liabilityCompanies have to be insured so that if they cause one of their workers injury or harm they can cover the cost of any lawsuits or compensation with their insurance.

Employer liability insurance is compulsory, as set out by the Employer Liability Act 1969.

www.hse.gov.uk/pubns/hse40.pdf

Public liabilityHave you ever been out filming where members of the public are? What happens if a member of the public trips over one of your XLR cables?

Anyone who is filming (or working) in the public domain should have public liability insurance, which will cover you in the event that you cause a member of the public injury or harm.

Employees rightsTV is a wonderful industry full of wonderful people, HOWEVER you may meet an employer who does not respect your rights...

As an employee you have certain rights guaranteed by law, and you need to be aware of these.

These include; paid annual leave (pro rata minimum 28 days), paid maternity / paternity / adoption leave, maximum 48 hour working week etc….

http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm

Equal opportunitiesWe’re all the same aren’t we?

Equal rights are the cornerstone of any right-minded society. This is backed up in law in the UK by a variety of laws:

Sex Discrimination Act 1975

Race Relations Act 1976

Equal Pay Acts 1970 and 1983

Disability Discrimination Act 1995

Human Rights Act 1998

http://www.legislation.gov.uk/uksi/2006/1031/contents/made

http://www.cepr.org/aboutcepr/policies.htm

ContractsWe’ve talked about contract types at length…..

…. But its worth noting 2 additions to contracts you often come across in the TV industry:

- Exclusivity

- Confidentiality

ExclusivityWe’re in this together.

An exclusivity agreement in a contract means that you are agreeing to work solely in conjunction with the other party. This means that no matter what happens you can only deal with the the party.

When I worked on a famous chat show contributors had an exclusivity agreement stating that they could not appear on any

other show for the 6 months after broadcast.

Confidentiality Secret secrets.

Some productions / working practices / contacts need to be kept secret until certain times. Often you will find that you will need to sign confidentiality agreements (also called non-disclosure agreements) when working on a project.

Feature films are a prime example; no one wants spoilers leaking too early (think about the Smurfs in Avatar).

http://www.ispgroupinc.com/contracts/non-disclosure_agreement.html

Intellectual Property, copyright & trademarks….

“I read this great book last night, and it’s so amazing that I stayed up all night writing the script and now I’m gonna make the movie because I love it soooo

much…..”

Whoah, slow down there. You’re walking into a legal minefield.

Intellectual Property (IP)IP refers to creations of the mind; it can be an idea, a screenplay, a song etc…. But if you came up with it you have certain rights. 

You normally need to copyright your IP to prove that it is yours, and you do this by writing or recording it someway.

Its not enough to just say ‘I thought of it first”

http://www.ipo.gov.uk/

CopyrightCopyright can rest with you (the creator) or a company.

If you come up with an idea that it is not related to your paid employment (or as part of your duties as an employee) then you will own the copyright!.

If you come up with an idea for a program in the course of being employed to produce original ideas for a production company / broadcaster etc… then the company will own the copyright, as it was your job to come up with the idea.

http://www.ipo.gov.uk/types/copy/c-ownership.htm

Once and always yours….

NOPE.

Like everything else in our consumerist world IP can be bought and sold. You come up with an idea. You write the script. You sell it to Universal. The IP is no longer yours. It belongs to Universal as they have purchased the IP with the script.

My brain hurts Iain, stop, please…

Okay, we’re nearly there….

Codes of PracticeCodes of practice set out how people can act.

Like many parts of regulation which we looked at before they are not legally binding, but set out to stop unethical actions by forming an agreement between content makers.

For example;

12.2 We expect independent producers to apply the highest professional and ethical standards in their dealings with BBC staff. In return, BBC staff will apply the same ethical standards of objectivity, integrity, confidentiality, fairness and honesty in dealing with independent producers.

(Taken from the BBC’s Commissioning TV Code of Practice)

http://www.bbc.co.uk/commissioning/tv/how-we-work/business-requirements/code-of-practice.shtml

Codes of PracticeWhy do we need codes of practice?

What issues do we have to be careful of when trying to be ethical media producers?

Codes of PracticeWhy do we need codes of practice?

What issues do we have to be careful of when trying to be ethical media producers?

What about representation?

Representation & ethicsHow do we choose to represent this?

Are we being objective? Are we being ethical?

Individuals

Groups Religions

Issues

Representation

It’s a minefieldWhat can broadcasters do to ensure that their productions remain ethical?

They come up with guidelines for content producers, on call laywers, handbooks, codes of practice.

http://www.independentproducerhandbook.co.uk/29/channel-4s-compliance-procedures/the-legal-and-compliance-department.html

TaskDesign the most awesome, awe inspiring powerpoint. You’ve just sat through mine, you know how not to do it.

You should comprehensively explain legal, ethical & contractual obligations in the TV & film industries with well chosen examples.

Legal, ethical & contractual issues in TV & film can be a bit dry and boring. So jazz it up, make it interesting…..

PowerpointOnce you’ve created your slideshow upload it to slideshare and post a link on your blog under the heading:

Legal, ethical & contractual assignment.

TaskLegal & Contractual

Employment legislation: health and safety; equal opportunities; employer’s liability; employee rights; belonging to a trade union; intellectual property: copyright; trademarks; confidentiality; exclusivity; Laws & legislation;

Ethical

codes of practice; producers policies and procedures; representation, eg/ individuals, groups, religions, issues