Unit 1&2 Research - Mon 14th Oct 2019

Monday 14^th October 2019

Legislation and the creative industries.

This is potentially a huge area, so let's start with some specifics:

·       Intellectual Property

·       Copyright

·       Trademarks

·       What are talent releases?

·       What are location releases?

·       What are the rules about filming and performing in public in the UK?

·       How might child labour laws impact the creative industries?

·       What is public liability insurance?

·       What is GDPR?

·       What is the Competition Act 1998?

·       What is the Enterprise Act 2002?

Intellectual Property.

Intellectual property is protected by law by patents, copyright and trademarks, which enable people to earn the recognition or financial benefit from what they invent or create.

-          World intellectual property organisation, (2019), What is Intellectual property?, https://www.wipo.int/about-ip/en/, [14/10/2019]

Copyright.

The Copyright, designs and patents Act 1988 is the current UK copyright law. The copyright law gives the creators of literary, dramatic, musical and artistic pieces of work the control of the ways in which it is used. Copyright rights cover; broadcast and public performance, copying, adapting, issuing and renting and lending copies to the public.

-          The UK copyright service, (2019), UK Copyright Law: a Summary, https://www.copyrightservice.co.uk/copyright/uk_law_summary, [14/10/2019]

Trademarks.

Trademarks are a badge of origin. They help tell apart the goods and services of one business to the other. A trade mark can come in many forms, such as; words, slogans, names, logos, shapes, colours, sounds and materials.

-          Business & IP centre, (2019), What is a trademark?, https://www.bl.uk/business-and-ip-centre/articles/what-is-a-trade-mark, [14/10/2019]

What are talent releases?

A talent release is a form that has to be completed by actors and any extra for the filmmaker. The filmmaker need the talent releases to get permission to distribute and sell your video/film. A talent release is used anytime there is someone in front of a camera. A distributer will always ask for copies of the talent releases so it easier to get them don’t before filming rather than after.

-          Premium Beat, (2015), Free talent release form for film and video productions, https://www.premiumbeat.com/blog/free-talent-release-form-film-video-productions/, [14/10/2019]

What are location releases?

A location release form is a form that is used to protect both the property owner and the production company from any confusion and problems that could arise. A location release form outline the location being used, the dates of use, an insurance agreement and an acknowledgement of liability.

-          Premium Beat, (2015), Free location release form for film and video productions, https://www.premiumbeat.com/blog/free-download-location-release-form/, [14/10/2019]

What are the rules about filming and performing in public in the UK?

For both armature movie makes and professional there aren’t any laws that can prevent you from filming in a public space. However, ff they are causing unnecessary obstruction then the police might ask a few questions about what you are doing but they have no power to stop you from filming or doing photography in a public place. If a police officer does question you regarding your filming or photography then it is best to explain calmly and politely what you are doing. By doing this the police are likely to let you continue. If you are rude about it though, they will probably ask you to stop and go somewhere else.

-          IAC, (2019), To film or not to film – In public, https://www.theiac.org.uk/resourcesnew/filming-in-public/filming-in-public.html, (14/10/2019)

How might child labour laws impact the creative industries?

Most people say that working with children and animals are one of the hardest things to do in film and if you can avoid it at al costs, but sometimes it can’t be helped. Working with children is so much more paperwork than working with adults because of all the laws and regulations that need to be followed in order to ensure that the children are exploited. Fist of all when working with children under the age of 18 within a tv or film production it is imperative that a Child Working License is obtained. It includes details about the production and the child’s role within the production and their working hours. Only then will a Child Working License be issued to allow the child to work on the set of the production. The majority of the crew members that will have contact with the child/ren will also have to be DBS checked. This ensures that everyone working on set is safe and can therefore work with children. Production managers also have to ensure that the set number of hours a child can be on set is followed and that the recommended time for rest breaks and meal times are followed. Thes regulation vary depending on the age of the child. For example a child aged between 5 and 8 can be on set for up to 8 hours, on camera for up to 3 hours. Can be called no earlier that 07:00 and must wrap before 23:00. Children on set must also be accompanied by a parent or guardian, if one isn’t available then a chaperone with be provided by production. If a production means that a child misses a set amount of school days then a tutor must also be hired by the production to ensure the child remains on track with their schoolwork. A chaperone that is familiar with the tv and film industry are great for children because they know exactly what to expect on set and are therefore able to answer any questions the child may have. There are also a few other small thing that must be done when working with children on tv and film productions.

-          OMNI, (2019), A guide to working with children, https://omni-productions.co.uk/blog/guide-working-children/, (14/10/2019)

What is public liability insurance?

Public liability insurance covers the cost of claims made by members of the public for incidents that occur in connection with a businesses activities. Claims included are; personal injury, loss of or damage to property and death.

-          ABI, (2019), Public liability insurance, https://www.abi.org.uk/products-and-issues/choosing-the-right-insurance/business-insurance/liability-insurance/public-liability-insurance/, [14/10/2019]

What is GDPR?

GDPR stands for General Data Protection Regulation. It is the regulations set in place to protect peoples data while it is in the hand of businesses across Europe. The regulations set out the parameters for what a business is allowed to use an individual’s data for.

There are seven principals of the GDPR. They are:

§  Lawfulness, Fairness and Transparency – Obtain the data on a lawful basis, leave the individual fully informed and keep your word.

§  Purpose limitation – Be Specific

§  Data minimization – Collect the minimum data you need.

§  Accuracy – Store accurate date data.

§  Storage Limitations – Retain the data for a necessary limited period and then erase.

§  Integrity and Confidentiality – Keep it secure.

§  Accountability – Record and prove compliance. Ensure policies.

-          Wired, (2019), What is GDPR? The summary guide to GDPR compliance in the UK, https://www.wired.co.uk/article/what-is-gdpr-uk-eu-legislation-compliance-summary-fines-2018, [14/10/2019]

-          Amara, (2019), 7 principals of the GDPR and what they mean, https://www.amara-marketing.com/travel-blog/7-principles-of-the-gdpr-and-what-they-mean, [14/10/2019]

What is the Competition Act 1998?

The Competition Act of 1998 forbids any agreements, business practice or conduct which has the possibility of a damaging effect on competition in the United Kingdom.

-          Office of rail and road, (2019), Competition Act 1998, https://orr.gov.uk/rail/promoting-competition/competition-act-1998, [14/10/2019]

What is the Enterprise Act 2002?

The Enterprise Act 2002 is an effort to enforce the competition law and crack down on the anticompetitive behaviour shown by businesses across the UK.

-          Delta Net, (2019), What is the Enterprise Act 2002?, https://www.delta-net.com/compliance/competition-law/faqs/what-is-the-enterprise-act-2002, [14/10/2019]