Legal and Ethical Issues

In the Media Industry2C+2D

A constant is a limitation or a restriction to something or preventing something from happening in the Media Industry. This

includes certain limitations, laws and restriction. In relation to this, for my brief, I've been assigned to create a promotional

video for LaSwap's Sixth Form to show LaSwap in a positive light. This will be aimed at Young People and parents who are deciding which college/sixth form to join. As I'm going to construct a video that is for educational purposes I have to take several things into account. For this form of video I need to think about the legal and

ethical issues and what's appropriate to show for my target audience.

Legal Constraints

Intellectual property is a term that covers things such as copyright, circuit layout rights, patents, trademarks, designs, plant breeders’ rights and confidentiality and trade secrets. For example many of these terms cover copyright against

registered logos, literacy, music, film, multimedia and computer programmes.

Checking Intellectual Property Rights

Privacy is an important part in the media industry generally, so for a promotional or corporate video, they’re just as vital. Producers must make sure that they do not interfere with people's personal lives and not to broadcast any material that the persons do not approve of. For instance, in this video we were shown in class. It’s about a man who asks needy people if they believe in god, (all replied with ‘Yes’)

then giving them money whilst saying ‘God sent me for you’. This example, despite displays a generous cause, could have potential issues with Privacy.

The people that were featured in this video may of not asked to be filmed. As it’s a sensitive area they may not of wanted the whole world to see and feel

sympathy.

Privacy

Another example of a video where Privacy issues could arise is Frontier Airlines. Even though the

personnel in the corporate video seem fine being interviewed. They may of not actually given

consent for the footage to be uploaded on the social media platform but only to be interviewed.

https://www.youtube.com/watch?v=1DjuUln6xZs&safe=active

Privacy

The film industry must make sure that they don’t mislead their audiences. They must also make sure that they don’t alter or change any facts as this will undermine the

audience's trust in their content.

For instance, with Fly Emirates’ promotional video it featured footage of inside their planes with luxuries such as own Television with over 1000 channels, entertainment

platform, beds, notably, the range of countries they fly to. With all these luxuries looking enticing the company needs to ensure that the target audience are not

mislead with false promises, especially with promoting the countries they fly to. Reason being, that their customers have an expectation that was implied by their promotional video. Fly Emirates want consumers to choose them over any other

airline, If the features that make them more appealing than others aren’t actually true they can get bad publicity and ultimately lose out on profit.

https://www.youtube.com/watch?v=tUVA3iAdgZE

Accuracy

When filming my promotional video I need to ensure that no branded logos aren't featured in my video, as it can be falsely advertising. For

instance, if there were a can of Coke in the shot I should blur out the image as I don't have the rights to the product, as well as set the wrong

ethos of healthy diets in schools. Also, a product's branding can link with their trademark

and what makes them recognised to their market.

Design Rights

For my Promotional video, all the facts and statistics I found were not

misleading. Due to the fact that, I gathered the facts off the LaSwap’s

official website. With regards to representation, I wanted to follow the

assignment properly and highlight LaSwap’s diverse community, I did this by filming students from different races, genders and backgrounds. This is so, the viewers can see how LaSwap truly is, with the wholesome community filled

with diversity and vibrancy.

Representation and Truth

Before you can legally sell, publish or distribute someone else’s Copyrighted work, you must obtain the permission of the

copyright owner. This rule applies even if you are only using extracts or samples from the work. If I wanted to use material I didn't have the rights for my promotional video, I'd have to gain permission from the publisher. The sooner I request permission, the better. The publisher may need time to contact the owner or

arrange licensing agreements, and there is no guarantee that permission will be granted. Not to mention, the fact that you may have to pay for the rights especially if intended to showcase their

material.

Obtaining Permissions

The Race Relation Act is a regulation that was established in 1976 by the Parliament of The

United Kingdom in order to prevent discrimination of a person's’ race. The Race Relation Act (RRA) covers discrimination in

employment based on an employer's’ nationality, ethnicity, skin colour and country of origin.

Race Relations Act

Obscene Publication act is a law that makes it an offence to publish any content whose effect will

'deprave and corrupt' those who read see or hear the content. This could consist of images or

extreme sexual activity such as rape, torture, full nudity, bestiality or necrophilia. This also could

include drugs and obscene violence. This relates to TV as it’s an offence to broadcast anything

that breaches these regulations, this could offend and possibly disturb an audience.

Obscene Publications Act 1959

Ethical Constraints aren't necessary illegal matters, but they are just as important. These constraints

mean that you are working within accepted norms of society and you have to behave what is considered in

the right way without offending anyone. This is covered by self regulating industry codes and it's up to the producer of whatever media production you're

doing to make a proper judgment call. So for my instance, for my promotional video I have to consider

my target audience and what sort of things they'd expect a Sixth Form to deliver.

Ethical Constraints

For the promotional video I will create I need to ensure I don't use any copyrighted

material such as music, novels, poems, computer programmes, choreography, film footage, paintings broadcasts etc. If I were

to feature any material as such I would need to obtain the rights from the owner to

prevent the possibility of being sued.

Copyright

In more recent years, to the rise of illegally downloading content, copyright

issues have been a rising problem especially in the media industry.

Promotional videos like to make their videos as appealing to their target

audience as possible to manifest their message. Music is an important

component when making a video memorable and entertaining. With

Liberty Global’s promotional video they started it off with The XX - Intro, they

would’ve had to pay the right to feature this song in their promotional video.

Copyright

● By Ofcom’s regulations, producers have a responsibility to protect children and young people from unsuitable content as well as their rights of freedom of expression and freedom to

receive information.

Harm and Offense

● With fairness, groups and individuals should usually be appropriately informed about the

planned nature of context of their contributors when they are asked to take part in certain

content and give their consent, unless there is an editorial justification for proceeding without

their consent.

Fairness

Representation often refers to the construction in any medium of aspects of reality such as people, places, objects, events, cultural identities and other abstract concepts. Such representations may

be in speech or writing as well as still or moving picture. When representing a person, media text often focuses on;

● Age

● Gender● Race/Ethnicity● Financial Status● Job● Culture/nationality

cepts. Such representations may be in speech or writing as well as still or moving pictures.

Representation

● In regards to media, if a reporter when working on a certain story will have to make sure that he/she

isn’t bias or one sided towards that story. They must also gather both sides of the argument, for and against that story in order to gain a fair sided report. For example religion. A reporter can’t be one sided, as they must approach it with an open mind and not take sides. Taking a certain side can

cause offense.

Ethics

Thanks for Watching

By Canel Osman 13MMC