Level 3 Diploma in Creative Media Production
Unit 8: Understanding the TV and Film Industries
Assignment 3/LO3: Understand the contractual, legal
and ethical obligations in the television and film industries.
In this assignment my role would be a potential
trainee researcher on Baby Cow Productions. I have been asked to produce a
written report clearly demonstrating my understanding of contracts, employment
legislation, ethical considerations and legal considerations. By the end of
this assignment I must be able to have a better understanding of these areas
and what they all entail in regards to obligations in the industries.
Employment legislation in the TV/film industries is
a series of laws that define the relationship between an employer and an
employee in a given business. Having regulations between employers and
employees prevents any unfairly, unjustly and inhumanely treatment. In a
company all employers should follow these given legislations; health and
safety, equal opportunities, copyright, trademarks, employee rights and
belonging to a union.
The health and safety legislation is very important
at the workplace regarding any injuries for an employee because employers have to
follow responsibilities regarding the health and safety of their employees.
They have to be responsible for any visitors to their premises such as
suppliers or the general public. They should start with a risk assessment to
spot possible health and safety hazards so do that they have to appoint a member of staff
trained in health and safety to check any issues. Businesses must also put out an
official record of what the assessment finds so the employer has to take action
in order to prevent any injuries and deal with the risks. All employers should
inform their employees about a formal health and safety policy which includes
arrangements that will protect their health and safety in order to the make the
workplace a safe happy environment to work in. Some examples of what employers
have to ensure are; that all materials are handled, stored and used safely.
First aid facilities must be easy to access so that employees know what to do
if there are any problems when their given instructions, information, training
and supervision regarding any potential hazards at used at work. In order for
the work premises to be a safe and healthy place to work all facilities must
meet health, safety and welfare requirements so employers should ensure that rooms
are ventilated effectively so there’s clean and fresh air. They should keep
workplaces and equipment clean at all times and also provide appropriate workstations
to suit employees for their work. Lastly employers must keep the equipment in
good working order at all times and ensure floors, walkways, stairs and roadways
safe to use. In the TV/film industry unit nurses are very crucial to have on
set especially if there’s a serious injury e.g. someone has a heart attack.
Unit nurses are very relevant on set because they ensure that all first aid or
health and safety is provided for all cast and crew. Unit nurses must have
previous experience and know a lot about health and safety. There could be many
health and safety issues that can occur on set whilst filming such as a heavy
prop e.g. a ladder falls onto an actor. This could be prevented just aswell as
other accidents by the Producer of the set to ensure all the safety of crew
members is met. Also the location manager must do background research on the
location for appropriate health and safety and do a location recee. This
research would all help to ensure that all health and safety regulations for
locations are met for employees or crem members, to prevent any unnecessary
accidents whilst filming.
Equal opportunities in a workplace is very important
to have because everyone should have equal chances to apply and be selected for
certain posts, they should be trained and their actions should be recognized so
that their promoted. In the TV/film industry employers have to follow the
Employment Equality (Age) Regulation Act 2006 because it states that employers cannot
discriminate against age whether young or old. Employers shouldn’t patronise
younger workers by letting them complete loads of work that should be shared
out between other workers who have the same role or responsibilities. Having a
demeaning and cruel nickname for older workers such as ‘granddad’ is also wrong
because they feel belittled and not worthy. Also employees should have their
employment terminated equally and fairly like everybody else. Other than
employers having the rights to discriminate solely on the grounds of the ability,
experience or potential of a disabled person to complete a job discrimination
in the workplace is wrong whether it be because of sex, homosexuality, age,
racial origin, religious affiliation, disability or marital status “Organisations
consist of many individuals working
together to achieve organisational success. These individuals collectively
bring different attitudes, perceptions and learning experiences to the
workplace, as well as ethnic, gender and personality differences. The workplace
has changed dramatically because women have become more empowered as they have
been given the same opportunity as men to seek career progression.” (Safe workers,
11/11/13) There are two main forms of discrimination in all workplaces of the
TV/film industries which are direct and indirect discrimination.
Direct Discrimination
Is when a certain individual is treated less
favourably than others based on their sexual, marital, racial or disabled way
of life. An example would be a person being dismissed from a job because that person
has decided to get married or cohabited with their partner who happens to be
the same sex to live together.
Indirect Discrimination
Is when a certain condition applies to men and
women; however one sex has less of an ability to comply with it than the other
sex. For example if a certain job is requiring someone with a minimum certain
height. As a result women would genuinely be at a disadvantage.
In the TV/film industry copyright and trademarks are
both forms of intellectual property because it’s people’s intellectual ideas
that have been used for specific brands or logos.
Another legislation in the workplace would be
copyright. This legislation does not protect ideas for a work unless the work
is fixed. As long as work is
protected
by copyright from the copyright owner's consent only then employers can copy or
use that work. Copyright may be enough to stop others from trying to exploit
and steal their material but if not it gives employers the right to take a
legal action which therefore prevents any copying and claim damages. Providing
employers understand their copyrights and any other related law protections
they can sell their copyright even if they have moral rights. Copyright owners
will be given the opportunity as long as they have economic rights they will be
able to make commercial gain from their work. Copyright owners generally have
the right to authorise or prohibit any of the following things in relation to
their works e.g. issuing copies of the work to the public. An example of a
copyright would be ‘Britain’s Got Talent’
which is a part of Simon Cowell’s SYCO TV. As the show is produced in the UK if
there was another show similar to ‘Britain’s
Got Talent’ being shown in another country Simon Cowell must have sole
rights because it’s his show other countries are copying.
A Trademark is a brand/logo which customers can
distinguish products to and from of your competitors e.g. Words, logos or both put together. So that
brands/logos are unique and recognizable to customers companies use their trade
mark as a marketing tool. When their trademark is registered it gives them only
the exclusive right to use the mark for products in the UK. “If you have a
registered trade mark you can put the ® symbol next to it to warn others
against using it. However, using this symbol for a trade mark that is not
registered is an offence.” (Ipo, 11/11/13) When trademarks are registered it
may startle people from copying your brand/logo without consent, so this makes
it more straight forward for you to take legal action concerning anyone trying
to copy your brand/logo. Two examples of trademarked media distribution
companies would be MGM and Lionsgate because they have been acknowledged
through the ‘®’ symbol.
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Every employee should have employee rights no matter
the circumstances of the workplace because it’s a mandatory law that every
employee is entitled to. Statutory rights are laws based on legal rights
confirmed by Parliament. An employee will be only able to gain a right
depending on how long they have been employed by their employer for. “The employee
will have the right to time off for trade union duties and activities. This
applies from the day the employee has started work so the time off does not necessarily
have to be paid. Employees also have the right to be accompanied by a trade
union representative to a disciplinary or grievance hearing. If an employee
takes part in official industrial action and is dismissed as a result, this
will be an automatically unfair dismissal.” (Advice guide, 11/11/13) As being
employees the law provides them with certain rights such as 'contractual
rights'. The contract of employment is the agreement made between the employer
and the employee whether it be a written agreement or what has been agreed
verbally between them. The contract of employment will also include ‘custom and
practice’ agreements which are things are usually done at the workplace. An
example of this would be if the employer has always given the employees a day’s
holiday in May this will form part of the contract of employment as it is the
usual practice even though this is not mentioned in the written agreed contract.
Contracts are a legal written agreement between
employers and employees that has to be addressed during the process of an
interview. These contracts indicate the job requirements, salaries and
duties/responsibilities the employee has to withhold in the company. So as long
as they agree with the terms and conditions the company is providing they’re
signature is requested for them to sign which seals the deal for them to have
the job. In the TV/film industry there are two main contracts; part
time/temporary and full time/permanent. Part time/temporary would be a contract
with specified details of how long you would be working at the company e.g. a
production runner’s contract would be fixed-term from September to January.
Most independent companies for temporary workers would use this contract. Full
time/permanent would be a contract that any employer is welcomed to work as
long as they want or if they are let go for company complications. An example
of someone needing this contract would be a Director working in a stable major
TV/film production. Confidentiality in contracts is very important within an
employer and employee because every person has different capability skills and
strengths and some employers may take that personally if they realize that
their employer may undermine them. Also some employers may become very jealous
if they see that another employee receives more money than them or they get a
lot of priorities in the company such as having a lot of leave off work. Also
contracts are confidential because of the sensitive information in the
contracts such as holidays, sick-pay and pensions. This creates unnecessary
conflict with the employees and even the employer.
Belonging to a trade union to support you if your
workplace isn’t, is very helpful because they can look after employers interests
at work such as compromising a fair agreement with employers depending on pay
and conditions, discussing big changes such as redundancy and supporting
members when they go to disciplinary meetings. Providing that there’s a union
at work employees can ask the trade union representative about joining up. If
you’re eligible to join the union rep will give the employee a membership form
to complete. “The employee’s union will charge a union membership fee to
finance the work of the union. The employee can pay their subs by having the
amount taken from their employer from their pay so they can send it to the
union, (otherwise known as ‘check-off’) direct debit, cash and cheque.” (Gov
uk, 11/11/13)Two main union employees can join in the TV/film industries are
BECTU and PACT to help support them when the workplace isn’t. .
In the UK, The Broadcasting, Entertainment,
Cinematograph and Theatre Union (BECTU) cover all media and entertainment trade
unions especially for Media. The union supports a whole range of people such as
staff, contract and freelance workers that are only located in UK. “BECTU
provides a lot of service to their members such as negotiating pay, conditions
and contracts with employers, Also they offer training support and courses and
also advice and representation on health and safety. BECTU
commit to equality of opportunity for all people at work. The union supports
policies that respect, encourage and support cultural diversity.” (BECTU,
12/11/13) The subscriptions paid in by individual members fund the union. The
union has some key rules to follow such as ensuring jobs are protected for
people and ensuring pension for pay and conditions is improved for people’s
expectations. Employees need to join unions because they are more likely to
protected, as it’s one of the main jobs unions set out to do. If there’s any
unfairly treatment taking place at an employee’s workplace or an employee has
some legal queries to take up a union is the best place to go as they
specialize in this sort of thing. “One of a trade union's main aims is to
protect and advance the interests of its members in the workplace.” (nidirect,
02/12/13) Some of the main reasons employees or employers are joined up to
trade unions for pay to be negiotated, problems with arranging better working
conditions, employee rights regarding training in the TV/film industry and
health and safety. Before advice and information is given out to employees a
yearly fee must be already paid to the trade unions.
Producers Alliance for Cinema and Television (PACT)
is a trade association situated in the UK that “represent and promote the
commercial interests of independent feature film and television. Media
companies.” (PACT 1, 12/11/13) They provide their members with thorough support
and advice with issues regarding legal or business information. In the past
PACT have been very supportive of rights regarding intellectual property and
being diverse. “At the start of every campaign we consult with our members
through the Pact Council. After all the data and information has been collected
it gives the consulters a strong sense of the potential opportunities which
would flow from a legislative change.” (PACT 2, 14/11/13) PACT supporters
receive several benefits such as being able to learn new skills, their
guaranteed better working conditions and such as holidays and better health and
safety. Also their more likely a better pay. PACT supporters can pay annually
that ranges from £2.000 to £35/000 or they pay monthly that ranges from £1.30
to £22.50.
In the TV/film industry legal obligations/constraints
are laws that Media employers must follow in TV/film industry to protect the
public from certain content. Some legal obligations employers should be aware
of are the Race Relation Act 1976 and amendments and the Broadcasting Act 1990
and amendments.
The Race Relations Act 1976 and amendments are laws
that help to prevent discrimination based on race, colour and nationality. An
example of the BBC disobeying this law would be if they advertised some content
within their franchise that only appealed to a particular ethnicity they wanted.
This would be an act of discrimination to the other minority of people. Race
Relations Act 1976 (and later amendments) is a law in the TV/film industry that
ensures individuals with a different race or background are protected. This act
has specified discrimination as being direct, indirect and victimisation no
matter how it’s used. The protection from this act helps affected individuals
with different races or backgrounds to feel comfortable working in the TV/film
industry. In 2000 this act was later changed to require all higher authorities
in the TV/film industry to promote racial equality. Eventually racial equality
was useful in all aspects of employments issues like; recruitment, training,
promotion and dismissal. However another amendment was introduced in 2003 the
European Union Race Regulation to ensure that the Race Relations Act covered
all areas in Europe.
The Broadcasting Act 1990 and amendments are
specified laws regarding what is illegal and legal to be shown on TV in the UK.
An example of this act being disobeyed would be if an adult themed show was
broadcasted on a children’s TV channel show. This act was decided by the pay
per view viewing and the TV licensing to help protect children from being shown
pornography or illegal gambling on television.
The Broadcasting Act 1996 firstly introduced the
‘digital terrestrial’ which was later established in 1990. The further the act
was amended; meant media owners and individuals working for the digital
terrestrial broadcasting sector were protected because of useful advice given
regarding media ownership. The Broadcasting Act 1996 also covers the license
fee that customers are given the priority to watch listed channels for extra
fees. The act also deals with copyright issues and the rights regarding the BBC
through their liability and property issues and their roles.
The British Board of Film Classification (BBFC)”an
independent, non-governmental body which has classified cinema films since 1912.”
(BBFC 1, 14/11/13) As a regulatory body the BBFC have many roles to uphold such
as preventing any damage being shown to viewers’ especially young children.
They also decide to allow adults e.g. parents a choice of programmes to watch.
The BBFC “respond
to and reflect changing social attitudes towards media content through
proactive public consultation and research.” (BBFC 2, 14/11/13) Every film shown in cinemas has to
be classified because the BBFC regulate films being exhibited in the UK. It’s a
controversial issue because of ratings of audiences. They don’t employ anyone
under 18 and the opportunities they have are very limited. The examiners have
to do a detailed essay explaining why films should be 15 or 18. “In order to
protect children from unsuitable and even harmful content in films and videos the
BBFC examines and age rates films and videos before they are released. They
look at issues such as discrimination, drugs, horror, dangerous and easily
imitable behaviour, language, nudity, sex, and violence when they make
decisions.” (BBFC 3, 02/12/13) This work is carried out because of
consideration of context and the tone regarding the potential audience. Decisions
on the age rating of DVDs and Blu-rays are occasionally stricter than at the
cinema because there is a higher risk of underage viewing at the home. Every
film regulated by the BBFC has one of these ratings such as; U, PG (parental
guidance), 12, 15 and 18.
U (Universal) that
is suitable for all. ‘U’ films should be suitable for four year olds and up
because these films should have a positive moral storyline that does not have
any reference to and to any violence, threat or horror. PG (Parental Guidance)
is a general viewing although some shown scenes may have some unsuitable scenes
for a young child. An unaccompanied child of any age aged around eight or older may watch a ‘PG’ film.
This should not disturb a child but if it does parents have the responsibility
to consider whether the content has certain scenes that have the possibilities
to upset younger or more sensitive children. 12A/12 films are suitable for 12
years and over. Films classified at these categories can upset children under
12 or contain certain content that has the possibilities that may concern
parents regarding the unsuitable themes shown. The ‘12A’ category exists only for
cinema films so this means that no one younger than 12 may see a ‘12A’ film in
a cinema unless they are accompanied by an adult. However depending on the
parent they may allow their child under 12 to view the film. Also films
classified by BBFC ‘12A’ are not recommended for a child below 12 to view. 15
films are only suitable for 15 years and over so that means no one younger than
15 may see a ‘15’ film in a cinema with themes including; drugs,
horror, imitable behaviour, language, nudity, sex, violence. People younger than 18 may not see an ‘18’
film in a cinema because of the provocative and explicit behaviour that may be
shown. Two examples of case study films the BBFC classified for regulation was
‘Kidulthood’ (2006) and ‘Adulthood (2008)’. The rating for ‘Kidulthood’ is a 15 uncut drama-based film
that explores the social experience of being an inner city teenager in London.
There are scenes of bullying, drugs, sexual activity and fighting presented. “These
issues became key classification issues for the film when examiners considered
the most appropriate age rating. The film was seen by a second team of
examiners, to confirm the first team’s view of the film. The film was not
suitable for lower categories such as (U, PG, 12A) as it contained very strong
expletives, some strong images of violence, a strong scene of oral sex and a
couple of scenes of drug use.” (BBFC 4, 02/12/13) ‘Adulthood’ is the sequel drama of ‘Kidulthood’. BBFC Guidelines
at 15 allow strong violence that is provided as long as it does not 'dwell on
the infliction of pain or injury'. The various attacks and beatings that occur
are not detailed and the weapons used are seen as dangerous rather than
attractive. An example would be a scene when “a drug dealer punishes a man by
burning him with a heated hair iron – the man’s pain is evident but we see no
detail of the assault. The film was rated 15 with the BBFC insight that has a
warning of very strong language, strong violence, sex references and drug use”.
(BBFC 5, 02/12/13)
Ofcom follow the
rules of the Communications Act 2003 because they are a communication regulator
that regulates TV. Ofcom follows the Act and it says that Ofcom’s main role is
to develop their viewers’ interests and Ofcom ensure people are protected from
TV shows that may contain harmful or inappropriate content. They also make sure
people aren’t treated unjustly and there’s a range of high quality different TV
programmes being shown to appeal to a more niche market. Some examples I know
of Ofcom regulating the BBC is that on the programme ‘Eastenders’, there was an episode shown that sparked a lot of
controversy regarding a gang attack on the Queen Vic pub. Although ‘EastEnders’ is not aimed specifically
for children, the show does attract children/teenager audiences so any portrayal
of violence is required to be considered carefully. This episode made Ofcom
receive 78 complaints, when it was broadcasted in November 2007 because of
unhappy audiences of the violent cruel acting. In one part of the scene there
was a pregnant woman going into premature labour after being knocked over during
a fight. Ofcom stated that the violent content and its duration had exceeded
many viewers' expectations for a drama that is likely to be watched by children
because the show is only an hour and a half before the watershed on BBC One. Over
several episodes the BBC said there had been a gradual build-up to this
menacing storyline so there was warning of this content of the programme in an
announcement before the episode aired for viewers. “Ofcom said the soap showed sustained,
violence, intimidation and menace that are inappropriate for a pre-watershed
audience. The episode breached guidelines on pre-watershed violence and on the
protection of children from inappropriate scheduling.” (BBC 2, 02/12/13)
In the TV/film industry ethical
obligations/constraints are social laws that effect people. So broadcasting
companies have to ensure that they appeal to all audiences regarding the issues
of; representation of gender, age, ethnicity, race, and appropriateness to
audience. Also they have to make sure they follow their policies and codes of
practice.
Media companies have to ensure that all genders and
all ages are accepted respectfully and people don’t feel intimidated for being
a certain way. Although there are many different cultures and race all
individuals need to be treated equally because everyone has the same rights.
When certain events are shown on TV it has to not offend the audience in any
way. The BBC’s code of practice is agreed with Ofcom. “Their code of practice
sets out their principles as trustees because they are committed to the highest
standards of integrity, impartiality and objectivity. BBC promise to be open,
responsive and accountable to licence fee payers.” (BBC 3, 17/11/13)
The BBC Codes
of Practice covers many things such as commissioning guidelines, payment for
programmes, development, equal opportunities and annual reviews.
.The BBC have commissioning guidelines for
independent companies just as well as majority of them. It’s their responsibility
to ensure that producers have clear information for their proposals. The BBC
will publish commissioning guidelines that sets out how the procedure should be
so the BBC can commission programmes within independent producers. “Then the guidelines
will be reviewed in consultation with the Producer's Alliance for Cinema and
Television (PACT).” (BBC 5, 03/12/13) Payment for Programmes covers how
appropriate the BBC can be considered as a contribution to fund their
programmes, which can be found on the BBC Terms of trade. Development is where
the BBC receives a programme proposal which is required to be agreed to be
continued into further development such as finance from the BBC then the BBC
will: have an exclusive period whether to decide on to commission the programme
or not. Also they could have an exclusive option into developing the programme
during this time. Equal Opportunities/Ethical Standards is what independent
producers follow to show that they understand the Equal Opportunities Act
regarding the BBC television. This is very important for the BBC to follow
because everyone, no matter their religion or race has equal rights. The BBC
expect all independent producers to follow all ethical policies and standards
of confidentially, fairness and integrity. Annual Review is when the BBC sends
an annual report to Ofcom (a regulatory body) which reviews many things such as
the amount of the license fee being taken in, the release policy and the amount
of complaints that has occurred that year. This is important for Ofcom to
review all the complaints from audiences to ensure that the BBC stick to
following their duties and roles. Ofcom are important because it is their role
to make sure audiences don’t feel negatively about representations from shows.
Within their company these are codes of practice
employees must follow because they cover key legal, financial and business
regulations. Policies and Procedures help define the right and wrong in a
specified organisation because they’re rules are too important to not be
followed. It is crucial that all employees follow these policies and procedures
so that there is no conflict between employers and employees. So that business
runs smoothly.
Media representation is when media producers make
certain ethical judgements that affect the way how audiences portray the media.
The way how the media industry is portrayed to us, is by the Producers e.g. age
and gender. This includes how certain individuals, groups, religions, issues,
objects or even cultural identities are portrayed to the audience. Broadcasters
have to make sure that they represent all ethnicities and cultures because of
equality policies and the public are paying for the license fee. The public The
BBC have to ensure that they represent all ethnicities and races on their
programmes featured on their show because it’s the license payers that help
contribute the funding for the BBC. BBC want to entertain, inform and educate
their audience, so that means all their programmes must have characters that
relate to people. Programmes like ‘EastEnders’ is a very diverse different aged
show because there’s a few black people e.g. ‘Dexter’ played by Khali Best.
Also there’s a few Asian people such as ‘Masood Gani’ played by Nitin Ganatra. Although
EastEnder’s aim to target a younger audience they still include older actors
such as Dot played by June Brown. They want to entice all ages so the BBC
explore certain storylines that would affect the older generation.
Bibliography
Advice guide: http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm#Rights_at_work,
(Accessed on 11/11/13)
BBC 3: http://www.bbc.co.uk/bbctrust/who_we_are/trustees/code_of_practice.html,
(Accessed on 17/11/13)
BBFC 3: http://www.bbfc.co.uk/what-classification/how-does-classification-work,
(Accessed on 02/12/13)
BBC 4: http://www.bbc.co.uk/commissioning/tv/how-we-work/business-requirements/code-of-practice.shtml,
(Accessed on 02/12/13)
BBC 5: http://www.bbc.co.uk/commissioning/tv/how-we-work/business-requirements/code-of-practice.shtml,
(Accessed on 03/12/13)
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