Limitations and obligations report
In this report I am going to be talking about contractual,
legal, employment legalisation and ethical obligation where I will be
explaining each one
Contracts
Contracts: is a contact agreement between two different
parties and what this means is that both parties will have to follow the contract
agreement and exchange something that they agreed on in order to receive, an
example of this would be a contract between an actor and a film studio, their
contract would be £10,000 to pay for the actor to work for 6 months as well as
being able to use their identity to show to others, in exchange the actor will
receive £10,000 and will need to give time to the studio to perform his/her services
for the film studios film.
Why have one?
In a contractual
agreement you would be given a working pattern which explains when you have to
work and how much you will be paid, this agreement is used to make sure the
agreement doesn’t get broken by either party.
Confidentiality
When contracts are signed between an employee and an employer
they must be confidential as if the contract gets broken the person that broke
the contract could face legal consequences. Contracts must be confidential to
keep an employee’s private information and details safe and is not allowed to
be viewed or shown to anyone publicly without their consent. A confidential
contract can also help keep film industry markets safe is in a contract they
could state you must not leak any endings or film plot to the public before the
film is released, if the plot or ending gets link this could damage profits and
the success rate of the film and makes the film less enjoyable for the public
with no surprises and could cause you to face legal consequence actions by the
film studio as you have broken the confidential contract.
Legal obligation
Legal obligations: Legal obligation is a duty which is then
enforced by a court law and what this means is you will need to follow the
court law agreement otherwise harsh consequences can be put into place and you
would be breaking the law, so therefore you must carry out and do exactly what
the court law states. For example if a film studio had a legal obligation
against them to pay their camera crew wages that has been promise which has not
yet been paid, the film studio must immediately pay them as they would be breaking
the law and if they still didn’t pay them the amount of money due the film
studio would be taken to court or the trade union would get involved and make
the film studio pay the camera crew.
Laws and procedures
Laws and procedures must be obeyed and followed by everyone
in the company, for example ITV cannot be viewed by the public if the company
does not use any procedures, policies or obey any laws and acts. A commonly
known act which they must follow is the Race Relation Act 1976, this act was
put in place to help prevent discrimination in a work place and this act
prevents discrimination of skin colour, ethnicity, race, religions/beliefs and nationality.
The 1976 act helps protect employees from being mistreated and is there to stop
people from getting bullied because of a their race, the 2000 Race Relation Amendment
act is the later amendments for the 1976 act which forces the company to
provide the public authority with their procedures and policy’s to be reviewed
and could be edited to help race promotion equality occur along with to
terminate discrimination within the film company. For example in a film and
television industry they must consider unlawful discrimination and must do what
it takes to prevent any kind of racial discrimination from happening within the
company.
One of the other acts that made a big impact on film industries was the Broadcasting Act 1990 which was created for employers to obey along with the later amendments, the 1990 act had a huge impact on ITV as this act had restrictions for ownership of the ITV franchise meaning the ITV had to put their franchises up for sale and will only be awarded partly by financial grounds, it also required ITV regional to give 25% of the ITV production to independent producers. The ITV network centre also demanded that the programs from the franchise holders are to be released on ITV national network. The television commission was used to regulate every television service inside UK, with an anomaly of the BBC, and then there was a loss in sales on Chanel 5 and ITV advertisement. After the amendment that was created in 1996, Channel 5 was the last analogue channel created before the digital explosion happened and before this happened analogue channels were always programming on at the same time pattern on every day and every week.
Continuing adhering and following a set of laws act this is where the regulatory bodies come into place, the regulatory bodies examine broadcasts and determine wherever or not they can be aired or screened, Ofcom and the BBFC are two of the most well-known regulatory bodies. The BBFC receives funding from film industries and is a non-governmental organisation. The BBFC is responsible for censoring any explicit or inappropriate films and broadcasts that may cause distress to people as well as being responsible for the national classification of films and broadcasts within UK. The BBFC and Ofcom are expected to stop/classify any films, DVD and even video games from being released due to the content of the video game not meeting the requirements, the BBFC have the right to classify any films, DVD and video games due to the 2010 act and can only be accessed by an age certificate to prove your age is appropriate. The BBFC main task is to keep children safe and help protect them from viewing content which could have an impact on how they act in life. The BBFC certificate ages are U, PG, 12A, 15 and 18. Ofcom on the other hand Ofcom is the communication regulator, Ofcom job is to regulate radios, TV, mobiles, airwaves, postal services and fixed line telecoms. Ofcom duties are to protect people within UK to help stop any scams or sharp practices while allowing competition to grow and is also there to make sure we get the very best from Ofcom communication services. Ofcom work around the communication act 2003 which clearly states all the roles in which Ofcom must do and they must stick to it without adding or subtracting any duties from the communication act 2003. A few of Ofcom duties are to interest citizens of UK, making sure the service has 100% effort in all the tasks they do and lastly they must also help enforce the law. Ofcom receive income from fees of regulating broadcasting and communication networks, as well as a grant given by the government.
One of the other acts that made a big impact on film industries was the Broadcasting Act 1990 which was created for employers to obey along with the later amendments, the 1990 act had a huge impact on ITV as this act had restrictions for ownership of the ITV franchise meaning the ITV had to put their franchises up for sale and will only be awarded partly by financial grounds, it also required ITV regional to give 25% of the ITV production to independent producers. The ITV network centre also demanded that the programs from the franchise holders are to be released on ITV national network. The television commission was used to regulate every television service inside UK, with an anomaly of the BBC, and then there was a loss in sales on Chanel 5 and ITV advertisement. After the amendment that was created in 1996, Channel 5 was the last analogue channel created before the digital explosion happened and before this happened analogue channels were always programming on at the same time pattern on every day and every week.
Continuing adhering and following a set of laws act this is where the regulatory bodies come into place, the regulatory bodies examine broadcasts and determine wherever or not they can be aired or screened, Ofcom and the BBFC are two of the most well-known regulatory bodies. The BBFC receives funding from film industries and is a non-governmental organisation. The BBFC is responsible for censoring any explicit or inappropriate films and broadcasts that may cause distress to people as well as being responsible for the national classification of films and broadcasts within UK. The BBFC and Ofcom are expected to stop/classify any films, DVD and even video games from being released due to the content of the video game not meeting the requirements, the BBFC have the right to classify any films, DVD and video games due to the 2010 act and can only be accessed by an age certificate to prove your age is appropriate. The BBFC main task is to keep children safe and help protect them from viewing content which could have an impact on how they act in life. The BBFC certificate ages are U, PG, 12A, 15 and 18. Ofcom on the other hand Ofcom is the communication regulator, Ofcom job is to regulate radios, TV, mobiles, airwaves, postal services and fixed line telecoms. Ofcom duties are to protect people within UK to help stop any scams or sharp practices while allowing competition to grow and is also there to make sure we get the very best from Ofcom communication services. Ofcom work around the communication act 2003 which clearly states all the roles in which Ofcom must do and they must stick to it without adding or subtracting any duties from the communication act 2003. A few of Ofcom duties are to interest citizens of UK, making sure the service has 100% effort in all the tasks they do and lastly they must also help enforce the law. Ofcom receive income from fees of regulating broadcasting and communication networks, as well as a grant given by the government.
Ethical obligation
Ethical obligations: Ethical obligation is when someone has
to do a specific task while think about what’s ethical and what’s un-ethical,
this could include feelings, religion, laws ect, for example if a person was
filming a scene with people in the back ground and they do not have permission
to feature them in the film, the ethical obligation would be to ask them for
permission to use their identity or blur the background out to protect their
identity.
Codes of practice
Codes of practice can cause legal trouble for producers if
they are not followed and therefore must be obeyed, an example of a film that
had to face legal issues because they didn’t follow the codes of practice was a
film called Gangster Squad, in this film the producers didn’t send out any
notification to the police about using a fake weapon which then the police took
legal actions against them. Every producer must understand ethical obligation along
with beliefs and culture of people around the world, and therefore must make
sure their content doesn’t offend anyone’s gender, age, ethnicity and race. One
major issue that most people get offended by is stereotypes and racism as it
can have an impact on how people perform around someone from a different ethnic
group. Stereotypes is when someone makes an assumption of someone with no
evidence to back it up and this could offence to ethnic minority groups. If codes
of practice never existed there would be loads of programs that could offend
people as there would be no guidelines or rules to follow. The BBC must always
be aware of what they show on TV especially in the television programs, an
example of a television programme is EastEnders where they must make sure the
characters and scenes are depicted as suitable for the audience so the BBC
won’t receive any complaints, the BBC also aims to produce shows which every
ethnic group can relate to in order to bring in a wide range of audiences as
well as making it suitable for everyone. The BBC also makes sure that their
company provides equal opportunities for everyone, for example a man named
Ricky Singh was employed as an assistant for the BBC and he is disabled. The
BBC codes of practice are set to one of the highest standards of integration,
objectivity and impartiality which people rely on. Lastly the BBC also has a
set of guidelines which must be attended to and they are the BBC primary
rights, commercial exploitation, audience interaction, multiplatform, programme
prices, ethical standards and opportunities, annual review, editorial control,
indicative tariffs, development, dispute resolution, business affairs and
finally payment for programmes.
Employment
Employment legislation: The employment legalization is a law
that must be obeyed by employers and regulates a relationship between the
employer and employee. In the employment legalization this covers rights for
employees and this includes children and young persons (under 18), contract of
employment, disciplinary, disabilities, dismissals, discriminating at work,
employment law UK, employment tribunal, equality act 2010, fixed term
employment, flexible working hours, industrial action, maternity leave,
national minimum wage 2016/17, pension, wages, workers vs self-employed,
working time regulations and written statement of employment. All of these come
under employment legalization and are used to protect the employee from work
abuse and equality for the employee and the employer.
Health and safety
The Health and Safety at work act 1974 was put in place to
help support the employees, the health and safety act covers jobs that could
potentially include any risks that could have an effect on an individual for
jobs such as lifting, electricity and computer. The health and safety act was
created to secure the health and safety requirements of all employees. An
example of this act is if a film studio was in production and an employee got
hurt during a film shoot this would have a major impact on the film studio
company who have failed to meet the health and safety requirements and could
have legal obligations against them and could be sued.
Equal opportunities and equality
The equal opportunity act was put in to action to provide
equal opportunity for everyone and the equality act was put into place to
prevent discrimination in the work facility. Equal opportunity and equality
help give employees a fair chance on receiving promotions within the work facility.
These acts covers various ethnic groups, gender, race, part time/fix term
contracts, disabilities, nationality, age and many more, for example if someone
was on a part time contract they would be eligible to a promotion just like
someone who is on a fixed term contract, if a company doesn’t oblige these
rules they are then breaking the law and can be sued as well as given a bad
reputation.
Employee rights
The employee rights act gives power to the employees and
allows employees to have requests for a flexible working pattern and time and
an equal minimum pay rate. The employee rights act can also cover being allowed
to join a trade union, the trade union job is to resolve any conflict or
arguments in the work place between the employer and employee and help them
both come to an agreement that they both must follow, the trade union could
also come up with a new style of management for the employer to help ease
stress on the employees and the employees must take more responsibilities for
their actions. If the company doesn’t provide its employees with rights then
they could face harsh consequences with the trade union. For example if an
employee wasn’t being paid the minimum wage they could visit the BECTU website
(the BECTU website is a trade union that gives rights for people working in the
media industry where they can allocate their minimum wage pay rate) and contact
them for support to get in touch with their manager to pay the employee the
correct minimum wage, if the manager refuses this could lead to very strict
legal issues.
Intellectual property
The intellectual property Law protects things such as copy right,
this law has been put in place to prevent anyone using/stealing credit of
someone else’s work, for example trade mark copy right gives ownership to the
creator of the trade mark and can prevent anyone else from using it. People who
don’t have ownership of the trade mark can ask for a copy right to be able to
use it since they have permission. If intellectual property is used and a
person uses the intellectual property without the creators permission the
creator is allegeable to sue the person who has used the intellectual property
without permission. Copy right could also occur between countries for example
the shop Iceland Is currently in court for using the country Iceland name as
their trade mark and could cause the shop Iceland to change their name. The
copy right law was also put in place to protect a brand image so its market
reputation is also protected from anyone who wants to steal the intellectual
property.
Conclusion
In conclusion I fully understand and explained contracts,
employment legalisation, ethical codes of practice and legal broadcasting. I
have completed my research on the topics and have a great understanding
knowledge of legal obligations.
Limitations and Obligations
Research for my report
Contractual obligations:
Legal obligations:
Ethical obligations:
Legal:
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