Planning Docs- Legal and Ethical

Legal and Ethical

Legal Constraints come within the laws that might be affecting your work.Copyright-

COPYRIGHT-

Copyright is one of the main types of intellectual property. It allows the copyright owner to protect against others copying or reproducing their work. Intellectual property gives a person ownership over the things they create, the same way as something physical can be owned.

Copyright prevents people from:

• copying your work
• distributing copies of it, whether free of charge or for sale
• renting or lending copies of your work
• performing, showing or playing your work in public
• making an adaptation of your work
• putting it on the internet

GOV.UK. (2019). How copyright protects your work. [online] Available at: https://www.gov.uk/copyright [Accessed 14 Mar. 2019].

When i’m filming and taking my photos I need to make sure I have location permission to do so.I can’t use any artists music without their permission so using ‘free sound’ for sound effects or your own music would be the best option.

HUMAN RIGHTS ACT-

The Human Rights Act is a UK law passed in 1998. It lets you defend your rights in UK courts and compels public organisations – including the Government, police and local councils – to treat everyone equally, with fairness, dignity and respect.

Private and family life-Human right

• the right to control the spreading of information about your private life, including photographs taken covertly.

Liberty Human Rights. (2019). The Human Rights Act. [online] Available at: https://www.libertyhumanrights.org.uk/human-rights/human-rights-act [Accessed 14 Mar. 2019].

It’s possible your camera may be seized and you may be detained and questioned.You do not need permission from someone to take their picture if they are in public view. However if they in an area where they have a reasonable expectation of privacy, you are not allowed to invade that privacy by photographing them.

Bobatkins.com. (2019). Photography, the Law and Photographers Rights – Bob Atkins Photography. [online] Available at: http://www.bobatkins.com/photography/tutorials/photography_law_rights.html [Accessed 14 Mar. 2019].

DEFAMATION ACT

A defamatory statement is a false statement of fact that exposes a person to hatred, ridicule, or contempt, causes him to be shunned, or injures him in his business or trade.

Dmlp.org. (2019). What is a Defamatory Statement | Digital Media Law Project. [online] Available at: http://www.dmlp.org/legal-guide/what-defamatory-statement [Accessed 14 Mar. 2019].

Ethical Constraints are the restrictions being placed on media products in order to stop offence to the viewers and listeners. Many organisations are in place in the UK to monitor content.

Film – BBFC

The British Board of Film Classification (BBFC), previously the British Board of Film Censors, is a non -governmental organisation, founded by the film industry in 1912 and responsible for the national classification and censorship of films exhibited at cinemas and video works (such as television programmes,trailers, adverts,public information/campaigning films, menus, bonus content etc.) released on physical media within the United Kingdom. It has a statutory requirement to classify all video works released on VHS,DVD,BLURAY.(including 3D and 4K UHD formats), and to a lesser extent, some video games under the video recordings Act 1984.

En.wikipedia.org. (2019). British Board of Film Classification. [online] Available at: https://en.wikipedia.org/wiki/British_Board_of_Film_Classification [Accessed 14 Mar. 2019].

TV and Radio – OFCOM

OFCOM is the regulator for the communications services that we use and rely on each day.We make sure people get the best from their broadband, home phone and mobile services, as well as keeping an eye on TV and radio.

We also help to make sure people don’t get scammed and are protected from bad practices. This is particularly important for vulnerable or older people.Our duties come from Parliament. Our priority is to look after you, and we sometimes do this by promoting competition among companies we regulate.

We also help to make sure people across the UK are satisfied with what they see and hear on TV and radio, and that programmes reflect the audiences they serve. We consider every complaint we receive from viewers and listeners. Often, we investigate further and we sometimes find broadcasters in breach of our rules

Ofcom. (2019). What is Ofcom?. [online] Available at: https://www.ofcom.org.uk/about-ofcom/what-is-ofcom [Accessed 14 Mar. 2019].

Advertising – ASA

The Advertising Standards Authority (ASA) is the UK’s independent advertising regulator. The ASA makes sure ads across UK media stick to the advertising rules (the Advertising Codes).

Practice, A. (2019). About the ASA and CAP. [online] Asa.org.uk. Available at: https://www.asa.org.uk/about-asa-and-cap/about-regulation/about-the-asa-and-cap.html [Accessed 14 Mar. 2019].

Some Adverting rules i will have to consider when filming my clothing advert.-

All marketing and advertising must be:

• an accurate description of the product or service
• legal
• decent
• truthful
• honest
• socially responsible (not encouraging illegal, unsafe or anti-social behaviour)

There are regulations that restrict what advertisers can and cannot do.

As well as the regulations, there are 2 advertising codes of practise that you need to follow to help you advertise legally.

Non-broadcast media-

The CAP non-broadcast code has rules that cover non-broadcast advertising (for example print, online), sales promotion and direct marketing (such as telesales and email).

The code specifies standards for accuracy and honesty that businesses must stick to, including specific conditions, such as:

• advertising to children
• causing offence
• political advertising

Broadcast media (for example TV, radio)

You must follow the CAP broadcast code, which covers issues including taste, decency and product placement.

As well as setting standards about accuracy and honesty businesses must stick to, they also have rules about things like scheduling.

General broadcasting rules

You also need to follow rules about taste, decency, product placement etc that apply to all broadcasting.

Enforcing the rules

The rules are enforced by the Advertising Standards Authority (ASA).

Anyone who thinks advertising rules have been broken can complain to the ASA within 3 months of the advert appearing.

If an advert breaks the rules, it may be withdrawn. If the product does not match the description or the advert breaks the law, you could be prosecuted.

GOV.UK. (2019). Marketing and advertising: the law. [online] Available at: https://www.gov.uk/marketing-advertising-law [Accessed 14 Mar. 2019].