Alex Kelly Fact Sheet Unit 01

Legal and Ethical

Copyright, Designs and Patents Act 1988

The law gives the creators of literary, dramatic, musical, artistic works, sound
recordings, broadcasts, films and typographical arrangement of published editions,
rights to control the ways in which their material may be used.

The rights cover: broadcast and public performance, copying, adapting, issuing, renting
and lending copies to the public.

This is a CIVIL law not a CRIMINAL law.

This means it is not a criminal offence to break the law, which could result in a fine or
jail sentence.

Instead, the person who owns the copyright has to sue the person they believe has
broken the law. The case is then heard in a civil court and if the person is found guilty
of breaking copyright law then they will have to pay damages to the owner of the
copyright. The amount of damages is set by the court.

 
Types of work protected
Literary  
Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets,
newsletters and articles etc.
Dramatic  
Plays, dance etc.
Musical  
Recordings and score.
Artistic  
Photography, painting, sculptures, architecture, technical drawings/diagrams, maps,
logos.
Typographical arrangement of published editions
Magazines, periodicals, etc.
Sound recording
May be recordings of other copyright works, e.g. musical and literary.
Film  
Video footage, films, broadcasts and cable programmes.
The Copyright (Computer Programs) Regulations 1992 extended the rules covering
literary works to include computer programs.
Duration of copyright
For literary, dramatic, musical or artistic works: 70 years from the end of the
calendar year in which the last remaining author of the work dies.
If the author is unknown, copyright will last for 70 years from end of the calendar year
in which the work was created, although if it is made available to the public during that
time, by publication, authorised performance, broadcast, exhibition etc, then the
duration will be 70 years from the end of the year that the work was first made
available.
Sound Recordings: 50 years from the end of the calendar year in which the work was
created or, if the work is released within that time, 70 years from the end of the
calendar year in which the work was first released.
Films: 70 years from the end of the calendar year in which the last principal director,
author or composer dies.
If the work is of unknown authorship: 70 years from end of the calendar year of
creation, or if made available to the public in that time, 70 years from the end of the
year the film was first made available.
Typographical arrangement of published editions: 25 years from the end of the
calendar year in which the work was first published.
Broadcasts and cable programmes: 50 years from the end of the calendar year in
which the broadcast was made.

Application:
Copyright law allows the creators of the work right to control how their work is
being used. The purpose is to protect the original work, which includes video
games, songs, film, tv, sound recordings, radio, magazines, newspapers, books,
graphic novels and comic books from being copied illegally. If you are found
guilty of copyright infringement you would get fined.
In relation to magazines - articles, photographs, logos, and colour schemes, they
need to ask for permission of the copyright holders, if they want to use
material that they didn’t produce.

In Total Film magazine they would need to ask for permission to show or use
anything that is copyrighted from the copyright holder to use content that is
not theirs.

Equality Act 2010

This law legally protects people from discrimination in the workplace and in wider
society.
It is against the law to discriminate against anyone because of:
⮚ Age
 ⮚ Being or becoming a transsexual person
⮚ Being married or in a civil partnership
⮚ Being pregnant or on maternity leave
⮚ Disability
⮚ Race including colour, nationality, ethnic or national origin
⮚ Religion/belief or lack of religion/belief
⮚ Sex
⮚ Sexual orientation

This is a CRIMINAL law.

Therefore anyone who is considered to be breaking the law could be arrested. It would
result in a criminal trial which if found guilty could result in a fine or jail sentence.

Application:
The Equality Act is there to ensure that no one is being offensive and that
everybody is being treated equally. The purpose is that no one is being
discriminated against certain protected characteristics such as
age,gender,race,Religion,sexuallity or any one's ethnicity.

Within magazines, the producers must make sure that they don't discriminate
against anyone or thing as their magazine would get shut down and fined. This
applies to Total film as well as they do or show anything that would offend
anyone or anything and to make sure that no one is represented in a negative
way in the images and text.

Intellectual property
What intellectual property is
Having the right type of intellectual property protection helps you to stop people
stealing or copying:
⮚ the names of your products or brands
⮚ your inventions
⮚ the design or look of your products
⮚ things you write, make or produce

Copyright, patents, designs and trademarks are all types of intellectual property
protection. You get some types of protection automatically, others you have to apply
for.

You own intellectual property if you:

 ⮚ created it (and it meets the requirements for copyright, a patent or a design
⮚ bought intellectual property rights from the creator or a previous owner
⮚ have a brand that could be a trade mark e.g. a well known product name

If you believe anyone has stolen or copied your property you would sue them in civil
court.

Types of protection
The type of protection you can get depends on what you’ve created. You get some types
of protection automatically, others you have to apply for.

Automatic protection

Protection you have to apply for

Type of protection Examples of intellectual property Time to allow for application
Trade marks Product names, logos, jingles 4 months
Appearance of a product including,
Registered designs shape, packaging, patterns, colours, 1 month
decoration
Inventions and products, eg machines
Patents Around 5 years
and machine parts, tools, medicines

Application:

Intellectual Property is where you own the names of a product, brand or

inventions. This means people can’t use the name of a brand or your own work
designed product things you write, make or produce and your inventions without
your permission. You could get sued and fined if found guilty of the offence

The name of the magazine is intellectual property and everything they write is
intellectual property and the house style is the intellectual property of the
magazine. Within magazines, the producers must make sure that they don't
steal anyone's house style and brand name and use anyone's brand unlawfully.
This also applies to Total Film because the house style and design is theirs and
they don't want anyone using it.
Obscene Publications Act 1959
For the purposes of this Act an article shall be deemed to be obscene if its effect or
(where the article comprises two or more distinct items) the effect of any one of its
items is, if taken as a whole, such as to tend to deprave and corrupt persons who are
likely, having regard to all relevant circumstances, to read, see or hear the matter
contained or embodied in it.

In this Act ‘article’ means any description of an article containing or embodying matter
to be read or looked at or both, any sound record and any film or other record of a
picture or pictures.

This is a criminal law.

Application:
The Obscene Publications Act 1959 is made to protect the audience from so
called offensive material like sex, violence, drugs, swearing and discrimination.
You can go to prison for a long time, or you could be fined. Within magazines,
the producers must make sure that they don't do anything obscene within the
articles and photographs. This also applies to Total Film because they need to
make sure that they don't talk about or show anything obscene in their
magazine for example, avoiding images with nudity of sexual content.

Trespass
This is a civil law.
Trespass to land consists of any unjustifiable intrusion by a person upon the land in
possession of another.
Civil trespass is actionable in the courts.

Application:
Trespass is the civil law that you aren't allowed to go on to private property
without the owner's consent and this is in place so that people have their
privacy. You can get sued by the owners of the private land. Within magazines,
the producers must make sure that they don't take pictures on anyone's private
property without permission. This also applies to Total Film because they need
to make sure that they don't trespass on private property when taking pictures
or doing interviews or have permission to be on the property.
Privacy
The introduction of the Human Rights Act 1998 incorporated into English law the
European Convention on Human Rights.

Article 8.1 of the ECHR provides an explicit right to respect for a private life:
Article 8 protects your right to respect for your private life, your family life, your
home and your correspondence (letters, telephone calls and emails, for example).
 
Privacy Law is a law which deals with the use of people’s personal information and
making sure they aren't intruded upon. These laws make sure people can't have their
information wrongly used without permission.

The effect this has on radio:

This means that they can't tell the listeners people’s full names or any private details
they don't want revealed. For example if a viewer calls in but they don't want their
name to be revealed then they can't say it.

The effect this has on television:

This is also basically the same as radio, they can't use people’s full names without their
consent. This also means that if they take footage of someone they need to get that
person’s permission before they air it on television.

Anyone who believes their right has been broken can make a civil claim in the courts
against those they believe have invaded their privacy.

When applying the legal principles the court will balance the claimant's right to privacy
against the right to freedom of expression.

If the claimant is proved to be correct this could result in an injunction banning

publication of information; damages; and return or destruction of the material gained
from the intrusion.

Application:
The Privacy law is where you need permission from someone to divulge personal
information. You can't say private information may harm the intrusion of a
private life to protect people from getting their information leaked. Within
magazines, the producers must make sure that they don't leak anyone's
personal information like house phone number or home address. This also applies
to Total Film because they don't want to leak any actor's address or phone
number that they interview so that they don't get annoyed.
Defamation Act 2013
This Act reformed defamation law on issues of the right to freedom of expression and
the protection of reputation. It also comprised a response to perceptions that the law
as it stood was giving rise to libel tourism and other inappropriate claims.

The Act changed existing criteria for a successful claim, by requiring claimants to show
actual or probable serious harm (which, in the case of for-profit bodies, is restricted
to serious financial loss), before suing for defamation in England or Wales.

It also enhanced existing defences, by introducing a defence for website operators

hosting user-generated content (provided they comply with a procedure to enable the
complainant to resolve disputes directly with the author of the material concerned or
otherwise remove it), and introducing new statutory defences of truth, honest opinion,
and "publication on a matter of public interest“.

LIBEL
A written, published false statement that is damaging to a person's reputation.

SLANDER
Making a false spoken statement damaging to a person's reputation.

Defamation is a civil law and so you would need to sue someone who you believe has
damaged your reputation.

Application:
Defamation is the law that prevents people from saying anything that would
damage a person's reputation from a false statement. This protects people's
reputation from getting ruined and damaged. “Slander is spoken, libel is
written.” Within magazines, the producers must make sure that they don't ruin
anyone's image with information that is not true. It would be libel because it’s
print and not slander because it’s not spoken. This also applies to Total Film
because they need to make sure that they don't damage a person's reputation
and dont get sued.
Ethical Issues

Ethical issues are not required by law to be followed instead more as a guideline.
It is what society decides right from wrong. You could lose readers and your
reputation could be affected and you could get complaints to the regulatory
bodies which means you would get banned.

Protecting the under 18’s

Making sure that there is nothing suitable for people under 18 respecting them
and giving them anonymity, also protecting them from being harmed and
offended, and making sure that they have consent from their guardian for
interviews and photographs. Within magazines, the producers must make sure
that they don't show anything unsuitable for younger audiences. This also
applies to Total Film because they might talk about a film that is an 18 so they
need to make sure that they don't have any images that are graphic.

Representation:
Representation is about how people and places are portrayed in media products.
Representation is also concerned with stereotypes, this is where people and
places are reduced to a few characteristics that are often negative. For
instance if a football magazine is derogatory towards women and made fun of
them for playing football.because you can offend someone and the magazine
could be seen as prejudiced. Total Film magazine would need to not show any
This means that Total Film would appease every one.

Production methods:
Interviewing children and people in vulnerable positions is an ethical issue
because it could harm the children or the people that are in vulnerable positions.
Producers need to make sure they don’t interview people that are in vulnerable
positions and children. Total Film magazine would need to make sure that they
do not interview people who are vulnerable and if interviewing children, they
have an adult with them.
Using non-visible microphones this is an issue because you could capture
information that people do not mean or want to be shared and then this could be
manipulated and edited the wrong way. Producers need to not have hidden
microphones and need to ask permission when using them. Total Film magazine
articles need to have had permission before they are recorded or published and
anyone being interviewed needs to give their permission.
Using information that is off the record is an issue because it could be
something that is personal and something that they do not want to be shared
with others. Producers need to make sure that they do not put off the record
information into their magazines. Total Film magazine needs to make sure that
they do not use information that has been given off the record.
Presenting an individual or their views as being representative of an entire
group or people is an issue because it is misrepresentation of people’s opinions
and views. Producers need to make it clear whose views they are using and make
it clear that it is not an opinion of everyone. Total Film magazine needs to
ensure that it makes clear whose reviews and opinions they are. There is an
interview with Billy Crystal, the interviewer asked for consent and put in the
true answers to the questions that were asked of him.

Content:
Images and text must be appropriate for the audience because it can disturb
viewers or be inappropriate for the magazine’s target audience. Producers need
to make sure that everything that they use in the magazine is appropriate for
the viewer. Total Film magazine needs to ensure it does not include any violent
images from films.
Saying that information that is false is true and accurate, this is an issue
because you could be led to believe that information is correct when it is not.
Producers need to make sure they do not include any false information in the
magazine because this can harm the audience or offend them. Total Film
magazine needs to make sure they do their research and check all of the
information they are using is correct.
Content that disgraces and offends the viewer is an issue because it could
offend and upset people. Producers need to make sure they check if the
information will upset people, so the information needs to be correct and
appropriate. Total Film magazine needs to make sure that it does not offend any
of the viewers and make sure all information is suitable for the target audience.
Anything that can offend someone is an issue because content could be harmful
and hurt people's feelings. Producers need to make sure that they are aware of
what could offend someone or something. Total Film magazine needs to make
sure that none of the content is offensive and none of the imagery used is
offensive.
Swaying public opinion, this is an issue because it could change people’s own
views. Producers need to make sure that what is included in the magazine is not
biassed and does not sway people’s opinions. Total Film magazine needs to make
sure they do sway opinions on things.