Monday, 26 September 2016

Research task - different media products

In no more than 700 words, identify and explain which legal issues would need to be considered for the product.

TV Production

Made in China - Factory of the world (documentary) (Freedom of Information Act, Slander, Data Protection Act)
Governing body - Ofcom
As a documentary is made to inform, the issue of slander has to be considered, as if people are misinformed it often effects the subject of the documentary negatively. So for this documentary, all facts stated need to come from a credible source and checked for validity, to ensure accuracy. E.g. statistics of products made and sold in China need to be accurate. The Freedom of Information Act needs to be considered also, as the information used needs to be free to access or they must have remission to use it,
As interviews are conducted in this documentary, the Date Protection Act needs to be considered, as the personal information used to contact the person needs to be prevented from getting into the product, as that would release the info and so could be dangerous for the person.

Social media campaign

Cancer Research UK/ other medical fundraisers (Freedom of Information Act 2000, Slander)
Governing body
Slander needs to be considered for this, as false statistics and other information about cancer that could misinform the public, tricking them into donating more by lying. So all info used needs to reliable data.
As the company is public, they need to abide by the FIA 2000, giving out information on how much money they raise, expenditures to run the business etc.

Digital animation

South Park (slander, Data Protection Act)
Governing body
The issue with slander and South Park is complicated. As South Park is an entertainment show, any information is uses is stated to be for entertainment use only, and is not reliable. This means they can not be sued for slander as they didn't declare the info used as fact, however, the negative information spread by it can be detrimental to companies and people, so they have been subject to investigations in the past, although they have never been successful.
South Park can release information they have access to to the public via their show, such information could be personal and so falls under the DPA. As a result, they need to be careful to only use info that the public has access to and ask permission to use more.

Radio production

BBC News (slander, Data Protection Act)
Governing body - Ofcom
Being a news programme intended to inform, all information used and reported needs to be reliable or stated otherwise, or they could be seen as spreading false information on a subject.
Information given out by news programming needs to not be protected under the DPA, as the information is personal and being spread could be harmful to the person. So they need to make sure the info they use is not covered under this.

Graphic novel

All Star Superman (Intellectual Property Rights, Copyrights, designs and patents Act 1988)
Governing body
Superman and any other characters used in the products is the intellectual property of a person or persons, so permission needs to be granted to let these characters be used in this product, as they are intended to be used for profit. The is similar to CDSA 1988, as characters used n the product can also be protected by and of these things, and so this needs to be considered.

Digital photograph product

Galen Rowell - Photographs of landscapes sold to stock companies, sold to people who don't use it properly (Copyright, designs and patents Act 1988, Intellectual Property Act)
Governing body
If a photograph by this man is used, especially commercially, the CDPA comes into play. Proper credit needs to be given to the photographer unless a contract states otherwise, as the photograph is the property of the photographer or the company they work for. This also applies to the IPA, as these products can be the intellectual property of the photographer.

Legal Issues Revision

Legal Issues Revision

Freedom of Information Act 2000

You can find out what information the government and other places has about you.
Organisations that have to give info:
Public sector organisations (serves the public) - NHS, Police, State run schools, council
They have an obligation to publish/ make available information about what they're doing - public can ask for information
Consequences for not providing this information: Fines, grace period to find info (usually 30 days) and make it public before punishment
Media products: Could be relevant for documentaries about these organisations and/or what they deal with, i.e. health or crime (NHS and Police + Council respectively)

Data Protection Act 1998

Protecting personal data, for example:
Bank account details
Medical records
Cultural/ Religious beliefs
Name and address details
Organisations do this by encrypting the information
Not allowed to share it/ give it to third party organisations
Consequences: Person/ organisation who shared it can be sued, fined or prosecuted (prison)
Media product: personal info based on client, makes website for buying things - need to make sure customer info is kept safe (E commerce), TV show competitions, surverys/questionaires

Libel

Written deformation (content that is untrue or damaging to a person's reputation)
Especially applies to newspapers, magazines, online news anmd content

Slander

Verbal deformation (content that is untrue or damaging to a person's reputation)
Especially applies to news shows, interviews, chat shows, documentaries

Intellectual Property Rights

Similar to Copyright, acknolwdged for something you've made
Counts as your intellectual property even in a group
If you're working for an organisation, it's the company that owns the thing you make (but you get recognition as well). This is to protect the company if you leave the company
How to seek permission to use something protected by this: email them asking permission, send them a letter, phone call, arrange a meeting (all formal - to keep it professional)

Copyright, designs and patents Act 1988

Copyright to someone or organisation who has created something
Examples:
Music
Branding - logos and trademarks
Books/films
How to seek permission to use something protected by this: email them asking permission, send them a letter, phone call, arrange a meeting (all formal - to keep it professional)

Monday, 12 September 2016

LO1: Legal Issues Presentation

Freedom of Information Act 2000

1. Defintion of what it means

2. Three reasons why it is important

3. What are the consequences of not adhereing to this law?

4. Find an example of where this legal issse was breached

5. How does this law effect pre-production of a media product? Give examples


My Group:

Theo - Q5

Joakin - Q3 + 4

Jacob Q 1 + 2

5.

Any information or assets that could be used for your production can be obtained from the authorities, so info and videos are more easily accessible.

LO1: Legal Issues


Crowdfunding:


The practice of funding a project or venture by raising money from a large number of people who each contribute a relatively small amount, typically via the Internet.
correct. (give money via donations)


2 Advantages of an independent product:


Can make what you envision

Don’t need to rely on other people

Can fund anything that you would like to.



2 Disadvantages of an independent product:


Restricted by budget more

Can’t be marketed as much as joint ventures

If the funding isnt enough, you cannot actually produce anything.
Project might not be viewed as much unless the word gets out
social media being used as a form of advertising - Twitter Facebook Instagram


Assessor : shauna McManus

Legal: Permitted by law


Legal issues: Permissions to do something

Consequnce: Being prosecuted

LLCs
Contracts
Copywrites
Permits - a 'Release and Consent' form is signed by person who owns location. Actors, models, anyone in front of the camera needs to sign one as well.
Releases
Production insurance
Health and safety - Need to do Risk Assessment




Data Protection Act



1)Definition of what it means
Controls how peoples personal infromation is used by the government, i.e. name, address (so personal information)

2) Three reasons why it is important
  • Anyone who handles this data has to follow the 3 Data Protection rules
Used lawfully and fairly
Not transfered outside of the European Economic Area without adequate protection
Handled according to people's Data Protection rights
  • Important as the info could be used for in a discrimanatory way against them
  • Lets people know how their info is handled

3) What are the consequences of not adhereing to this law?
Prosecution and severe legal issues
Maximum £500,00 fine (but never issued over £350,000), from 25th May 2018 maximum 20 million euros


4) Find an example of where this legal issue was breached
Sony was fined £250,000 for not having adequate security for their data, allowing hackers to get into Sony's online store and access information such as addresses and bank info


5) How does this law effect pre-production of a media product? Give examples
The company making the product is obliged to securely hold the information and details of those involved such as cast and crew.
The production company must securely dispose of any confidential data
They do this by:
  • Password management
  • Anti Spyware software
  • Ensureing there are backups of data
  • Data has to be encrypted

Intelectual Propety Rights


1)Definition of what it means
Grants creators trademarks, copyrights, patents etc. Which means no one can use it without permission


2) Three reasons why it is important
Supports high paying jobs - employs hundreds of millions of people worldwide (employs 55 million Americans - who uses it)
Provides economic growth as it means the people that make the products are supported
Strong and enforced IPR protect customers and families, it helps consumers make an eduacted choice about the safety and reliability of their purchases


3) What are the consequences of not adhereing to this law?

If someone without the rights used the property, copyright infringement may be filed and the person could be prosecuted

4) Find an example of where this legal issue was breached
On the 28th of September 1999, Amazon gained the patent for 'single click buying'. Other companies, such as Barnes and Noble in 1999, have made similar options, but the BaN lawsuit was settled in 2002


5) How does this law effect pre-production of a media product? Give examples

Production companies have to get the rights to music and images used in their product, usually by paying for it

Libel and Slander


1)Definition of what it means
Libel - The act of making a written statement that is untrue, and so could be harmful to the subject of the writing.
Slander - Same as libel, but is spoken instead of written

2) Three reasons why it is important
Libel - Why it is important to abide by it:
  • Protect yourself from prosecution
  • Large financial loss
  • Prevents false info being spread to impressionable audiences
Slander - The laws differ from country to country, i.e. the lack of free speech etc.
Why you should abide by it - same as libel

3) What are the consequences of not adhereing to this law?
Libel - If the person who provided the statements didn't know they were untruthful, the lawsuit can be dropped
Slander - Same as libel

4) Find an example of where this legal issue was breached
Libel - Sally Bercrow insinuating that a man was a paedophile, when she had no evident to suport this statement
Slander - Robbie Williams inpersonater, with help from his agent, pretended to by Robie Williams, causing serious damage to charities that he cheated

5) How does this law effect pre-production of a media product? Give examples
Libel - Make sure info used is truthful, or you could be prosecuted. If not an informative show, this isn't always applicable, for example talk shows, comedy shows etc. Depends on thepurpose of the product
Slander - Same as libel

Copyrights, designs and patents act 1998


1)Definition of what it means
Copyright is stating ownership of something, i.e. books, music etc.
Patents - a government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention:

2) Three reasons why it is important
Copyright - Legal requirement, allows you to be credited for your work, protects your rights

3) What are the consequences of not adhereing to this law?
Copyright - Potential fine of £50,000, custodial sentence of up to 10 years, pay damages to the person (depends on commercial value), have to stop displaying the infringed product, give any profit to the person, take back all copies physical media

4) Find an example of where this legal issue was breached
Puff Daddy sampled The Police's Every Breath You Take on his 1997 song I'll Be Missing You without asing permission. he now had to pay Sting £200,000 a day, who also gets 100% iof the writing royalties

5) How does this law effect pre-production of a media product? Give examples
Copyright - check that no copyrighted material is in your product, and if so get consent for the information to be used in theproduct



1)Definition of what it means


2) Three reasons why it is important


3) What are the consequences of not adhereing to this law?


4) Find an example of where this legal issue was breached


5) How does this law effect pre-production of a media product? Give examples




1)Definition of what it means


2) Three reasons why it is important


3) What are the consequences of not adhereing to this law?


4) Find an example of where this legal issue was breached


5) How does this law effect pre-production of a media product? Give examples

Freedom of Information Act 2000
















LO1: Introduction booklet