UNIT 8 : UNDERSTANDING THE TELEVIS ION AND F ILM

INDUSTRIES A S S I G N M E N T 3

CONTRACTUAL, LEGAL AND ETHICAL OBLIGATIONS•Contracts: types of contract; confidentiality; exclusivity •Employment legislation: health and safety; equal opportunities; Employment Equality (Age) Regulations 2006; employer’s liability; employee rights; belonging to a trade union; intellectual property: copyright; trademarks; other forms of intellectual property; passing off •Ethical: codes of practice; policies and procedures; emerging social concerns and expectations; representation, eg individuals, groups, religions, issues •Legal: Race Relations Act 1976 (and later amendments); Broadcasting Act 1990 (and later amendments); Obscene Publications Act 1959 (and later amendments); British Board of Film Classification (BBFC); Ofcom

GRADING CRITERIA

• P3 - describe contractual, legal and ethical obligations in the television and film industries, with some appropriate use of subject terminology

– For a PASS you need to give definitions of everything covered in this PowerPoint/the guidance notes• M3 - explain contractual, legal and ethical obligations in the television and film industries with

reference to detailed illustrative examples and with generally correct use of subject terminology– For a MERIT you need to give definitions and use relevant examples

• D3 - comprehensively explain contractual, legal and ethical obligations in the television and film industries with reference to elucidated examples and consistently using subject terminology correctly

– For a DISTINCTION you need to give definitions, relevant examples and either secondary sources of information or positives and negatives

A) CONTRACT TYPES

• Confidential– the details referred to within the agreed contract are not to be revealed to a third party

(the first and second parties are those who signed the contract)– What might be an example of this?– What is a possible advantage and disadvantage to this?

• Exclusive– the services referred to within the agreed contract are restricted to both parties e.g. ‘A’

is the sole supplier of a service to ‘B’, ‘C’ is the sole representative of a client to ‘D’.– What might be an example of this?– What is a possible advantage and disadvantage to this?

B) EMPLOYMENT LEGISLATION:

• Health and Safety – employers must provide safe working conditions and must provide relevant training.

Employees must use safe working practices.– Can you find any H&S legislation linked to TV & Film?– What is a possible advantage and disadvantage to this?

• Equal Opportunities – no discrimination on any grounds including age, sex, marital status, colour, race,

political or religious beliefs, disability, sexual orientation.– Can you find any Equal Opportunities legislation linked to TV & Film?– What is a possible advantage and disadvantage to this?

B) EMPLOYMENT LEGISLATION:• Trade Unions

– represent the working conditions of employees. Employees have the right to be a member of a trade union.

– Can you find any Trade Unions in the TV & Film industries?– What is a possible advantage and disadvantage to this?

• Copyright– gives the creator of an original work ownership over it. Permission is required before the

creator’s work is used and a payment is often made.– Can you find any examples of copyright law and any examples of how this has been used in a

case to do with the TV & Film industries?– What is a possible advantage and disadvantage to this?

C) ETHICAL ISSUES:

• Representation– relates to how people or social groups are shown in the media. Negative representations can

result in controversy if they are stereotypical or are not backed up by evidence.– Can you find any instances of how representation has been an issue in the TV & Film industries?– What is a possible advantage and disadvantage to this?

• Invasion of Privacy– whilst it is acceptable to investigate a person’s public life, a person’s private life should not be

disrupted.– Can you find any instances of how invasion of privacy has been an issue in the TV & Film

industries?– What is a possible advantage and disadvantage to this?

D) LEGAL ISSUES:

• Race Relations Act 1976 (and later amendments)– Under the Race Relations Act 1976 (RRA) people are protected against discrimination on racial

grounds.  Racial grounds are defined as colour, race, nationality, or ethnic or national origins.  It covers employment, education, housing, advertising, and the provision of goods and services.  Since it was amended in 2001(Race Relations (Amendment) Act 2000) it covers discrimination in all public bodies.

– What elements of the Race Relations Act can be applied to the TV & Film industry?– What is a possible advantage and disadvantage to this?

• Broadcasting Act 1990 (and later amendments)– The Broadcasting Act 1990 established a new framework for the regulation of independent television

and radio services, and the satellite and cable television under the act– What are the main changes that the Broadcasting Act made to the UK TV industry– What are the possible advantages and disadvantages of these changes?

D) LEGAL ISSUES:

• Obscene Publications Act 1959 (and later amendments);– The Obscene Publications Act 1959 applies to television and covers material which is obscene, whether it is in a

person's possession or it is published or broadcast. The definition of obscene is "likely to deprave and corrupt" the audience for which it is intended and includes not only sexually explicit material but material relating to violence and drug taking.

– What impact does the Obscene Publications Act have on the UK TV industry?– What are the possible advantages and disadvantages of this Act for the public and TV producers?

• OFCOM (Office of Communication) – regulates the telecommunications industries. As such it provides guidelines and enforces decisions regarding the

content of all television programmes in terms of quality and acceptability. If a broadcaster ignores OFCOM’s decisions the broadcaster can have their license taken away. OFCOM also deals with complaints about broadcasters.

– Can you find an example of OFCOM being involved in the TV industry?– What is a possible advantage and disadvantage to this?

D) LEGAL ISSUES:

• BBFC (British Board of Film Classification– regulates the film industry but it has no legal power to ban a film or impose cuts to a film.

The BBFC gives age classifications to films.– Can you find an example of BBFC being involved in the TV industry?– What is a possible advantage and disadvantage to this?

• VSC (Video Standards Council)– regulates the video games and DVD industries. It provides age classifications for videos/DVDs

and video games. The classifications are mainly concerned with sex, violence and swearing.– Can you find an example of VSC being involved in the Film industry?– What is a possible advantage and disadvantage to this?