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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