Vibe Productions: Understanding the creative media sector

LO2: Understand the legal and ethical constraints

LO3: Understand the regulation of the media sector

Understand the ethical and legal constraints with in the media sector
1.

In order to get the job you are required to understand the following within the media sector your have
chosen. During the interview you will be asked to hand over a written document containing information on
the following aspects of your area.

Video recording act

Copy Right law

Copyright is a legal right

created by the law of a country
that grants the creator of an
original work exclusive rights to
its use and distribution, usually
for a limited time, with the
intention of enabling the
creator to receive
compensation for their
intellectual effort.

The Video Recordings Act 1984 is an Act of the Parliament of the

United Kingdom that was passed in 1984.

It states that commercial video recordings offered for sale or for

hire within the UK must carry a classification that has been agreed
upon by an authority designated by the Home Office.

The British Board of Film Classification, which had been

instrumental in the certification of motion pictures since 1912, was
designated as the classifying authority in 1985.

Works are classified by the BBFC under an age-rated system

It is an offence under the Act to supply video works to individuals

who are under the age of the classification designated.

Works that are refused classification cannot, under the Act, be

legally sold or supplied to anyone of any age unless it is
educational, or to do with a sport, religion or music and does not
depict violence, sex or incite a criminal offence.
Why is it important within your industry

Copyright is important to creators like writers and artists as well as

those such as publishers that own rights, as it provides them with
a legal right of ownership of the work that they produce.
What is its purpose?

This means that creators of an original piece of work can have

some control over how it is used, which is not only fair but
necessary for them to make a living from their talent and efforts.
When they have the means to make a living from their work then
they can continue to invest their time, and, in the case of
publishers, their money into the production of new work.
Who does it protect?

Copyright law protects the expression of facts and ideas, not the
ideas and facts themselves. Works that have not been fixed to a
tangible medium are just ideas. Ideas are fair game for everyone
to express in their own words.

The 1976 Copyright Act generally gives the owner of copyright the
exclusive right to reproduce the copyrighted work, to prepare
derivative works, to distribute copies or phonorecords of the
copyrighted work, to perform the copyrighted work publicly, or to
display the copyrighted work publicly.
What happens if it is broken?

If you infringe on someones copyrighted work, you could receive a

polite letter or email from the author asking you to remove the
material from your website or otherwise stop use of the work.

You could get a notice demanding you cease and desist using and

distributing the copyrighted work, or you might

discover that your Internet service provider has
already removed infringing content.

You could face penalties of more than $100,000

for each infringed work.

You could go to jail. It all depends on the extent

of the infringement.
Find examples of when it has been broken and
outcome
1. Star Wars vs Battlestar Galactica

Perhaps the most notorious case of copyright is that of Battlestar

Galactica, who apparently 'borrowed' a little too much from Star
Wars.

Galactica was produced in the wake of the success of the 1977

film Star Wars. And sci-fi author Jerry Pournelle, starring on a guest
panel in This Week in Teck (episode 223), explains that 20th
Century Fox sued Universal Studios (the studio behind Battlestar
Galactica) for copyright infringement, claiming that it had stolen
34 distinct ideas from Star Wars. Among them was a character
named Skyler, a tad too close to Skywalker, and the possibility of
airing with the title "Star Worlds".
What is the Films Act?

The Cinematograph Films Act of

1927 (17 & 18 Geo. V) was an
act of the United Kingdom
Parliament designed to
stimulate the declining British
film industry. It received royal
assent on 20 December 1927,
and came into force on 1 April
1928.

It introduced a requirement for

British cinemas to show a
quota of British films, for a
duration of 10 years.

The Act's supporters believed

that this would promote the
emergence of a vertically
integrated film industry, in
which production, distribution
and exhibition infrastructure
are controlled by the same
companies.

The idea, therefore, was to try

and counter Hollywood's
perceived economic and
cultural dominance by
promoting similar business
practices among British
studios, distributors and
cinema chains.

By creating an artificial market

for British films, it was hoped
that the increased economic
activity in the production sector
would eventually lead to the
growth of a self-sustaining
industry.

The quota was initially set at

7.5% for exhibitors, which was
raised to 20% in 1935.

Why is it relevant to the film industry?

By creating an artificial market for British films, it was hoped that

the increased economic activity in the production sector would
eventually lead to the growth of a self-sustaining industry.

Importance of ethical issues

Use of language

Not use slander or racial/sexist terms in films without any irony or

self-awareness.

Equal opportunities

To hire and help employees based off of no predetermined ideals

of things such as race or gender.

Does it help or hinder the industry?

Designed to stimulate the declining British film industry. It received

royal assent on 20 December 1927, and came into force on 1 April
1928.

Encouraging diversity

To encourage diversity within the film sector and reward

companies for diversity in the workplace.

What ethical issues should be considered when

producing media in your chosen industry?

Diversity, not too forced

How are men and women represented in your
chosen industry?

Women have changed the most

More sexism towards women but has gotten

better over the years
Are they seen as strong or weak etc.?

Typically men are strong characters

Aims can be to get the girl

Girls can be seen as eyecandy

Supported with examples
10. Bella Goes Cliff-Diving The Twilight Saga: New Moon
The Scene: After spending months moping about
Edwards (Robert Pattinson) departure, Bella (Kristen
Stewart) discovers that she can see visions of him again
through thrill-seeking activities. As such, in desperation,
she ends up taking a dive off a cliff, but this causes her to
be knocked unconscious by a rock, at which point shes
resuscitated by hunky lycanthrope Jacob (Taylor Lautner).

Representation of gender

Representation of religious beliefs

How should men and women be

represented?

Does your chosen industry

represent people fairly?

2.

Why Its Sexist: It just demonstrates that Bella doesnt

have any real agency of her own, and her story is
completely defined by her relationship with men. She
idiotically risks her life in an effort to bring Edward back
(in a move that the series young, impressionable fans
would probably call romantic), and minutes later is
gassing with a shirtless werewolf dude.
Christianity in American Films
Not seen much in Western Films
I currently have no problem with the way men and women are
portrayed
One single character does not represent the whole of that gender
As long as they are not ridiculously offensive
A lot of typical stereotyping

Explain what the following bodies do and why they are important (choose the ones related to your
media sector only)

Do not just cut and paste their about us page please read it and put it into your own words.
Add links to their pages
Distinction grade learners will find cases

British Board of Film

Classification
http://www.bbfc.co.uk/

The British Board of Film

Classification is an independent,
non-governmental body which has
classified cinema films since it was
set up in 1912 and videos/ DVDs
since the Video Recordings Act was
passed in 1984.

The BBFC is a not for profit

organisation, and its fees are
adjusted only to cover its costs.
In order to preserve its
independence, the BBFC never
receives subsidies from either

Case Example
BBFC rejects THE HUMAN CENTIPEDE II (FULL SEQUENCE)
This means that it cannot be legally supplied anywhere in
the UK. The decision was taken by the Director, David
Cooke and the Presidential Team of Sir Quentin Thomas,
Alison Hastings and Gerard Lemos.
The Human Centipede II (Full Sequence) is a sequel to the
film The Human Centipede (First Sequence), which was
classified '18' uncut for cinema and DVD release by the
BBFC in 2010. Although the concept of the film was
undoubtedly tasteless and disgusting it was a relatively
traditional and conventional horror film and the Board
concluded that it was not in breach of our Guidelines at '18'.
This new work, The Human Centipede II (Full Sequence),
tells the story of a man who becomes sexually obsessed
with a DVD recording of the first film and who imagines
putting the 'centipede' idea into practice. Unlike the first

the film industry or the

government. Its income is
solely from the fees it charges
for its services, calculated by
measuring the running time of
films or DVDs submitted for
classification.

film, the sequel presents graphic images of sexual violence,

and mutilation, and the viewer is invited to witness events
of the protagonist. Whereas in the first film the 'centipede'
is presented as a revolting medical experiment, with the
focus on whether the victims will be able to escape, this
sequel presents the 'centipede' idea as the object of the
protagonist's depraved sexual fantasy.

In 1984 Parliament passed the

Video Recordings Act. This act
stated that, subject to certain
exemptions, video recordings
offered for sale or hire
commercially in the UK must be
classified by an authority
designated by the Secretary of
State.

The principal focus of The Human Centipede II (Full

Sequence) is the sexual arousal of the central character
at both the idea and the spectacle of the total
degradation, humiliation, mutilation, torture, and murder
of his naked victims.

The British Board of Film

Censors was set up in 1912 by
the film industry as an
independent body to bring a
degree of uniformity to the
classification of film nationally.

It is the Board's conclusion that the explicit presentation of

the central character's obsessive sexually violent fantasies
is in breach of its Classification Guidelines and poses a real,
as opposed to a fanciful, risk that harm is likely to be caused
to potential viewers.

Film Distributors Association,

http://www.launchingfilms.com/

Film Distributors' Association

Ltd. (FDA) is the trade body for
theatrical film distributors in
the UK - the companies that
release films for UK cinema
audiences.

FDA is a voice for UK film

distribution

We represent a distribution
stance in regular
representations to and
consultations with the BFI, the
government and other trade
organisations in the film
industry. We are also a
passionate advocate of
distributors' pivotal role in the
well-being of the whole film
economy.

British Academy of Film and

Television Arts (BAFTA),
http://www.bafta.org/

There is a strong focus throughout on the link between

sexual arousal and sexual violence and a clear association
between pain, perversity and sexual pleasure.

Case Example
http://www.wimbledonguardian.co.uk/yoursay/columns/13618944.FDA_celebrates_100_years_of_U
The FDA celebrating 100 years
This year the FDA (Film Distributors Association) celebrates
100 years of distributing feature films in the UK. Thanks
to the FDA a total of 700 feature films were distributed in
UK cinemas in 2014.
But we have to travel back to the 19th century when the
cinmatographe machine was first brought to London in
1896. The new technology was growing in popularity and
was taken to public halls and theatres, to gain a wider
audience and they started to produce short films for
projection. The films were tagged on to show hall variety
shows and the films soon became the main attraction
with their new form of entertainment through storytelling.

Originally established in London

in 1915, FDA liaises and works
with many individuals,
companies and organisations.
FDA's Council, or board,
comprising a senior
representative of each member
company, normally meets six
times a year and considers only
matters of generic interest to
film distributors.

The British Academy of Film

and Television Arts is an
independent charity that
supports, develops and
promotes the art forms of the
moving image by identifying

forced defecat
from the persp
idea

To accommodate this demand purpose built cinemas were

set up in the UK in 1910. The makers of these films along
with the distributors set up a grade association called the
Kinematograph Renters Society, in December 1915.
The Society was later changed to the Society of Film
Distributors, and today is called the Film Distributors
Association (FDA), whose President is Lord Puttnam CBE
This year the FDA is also presenting their third State of the
Art Cinema event with exhibitions set up at the Coningsby
Gallery and currently taking place at the Strand Gallery in
John Adam Street, London WC2N 6BP.

Case Example
BAFTA winners 2015
Boyhood
Best Film Richard Linklater, Cathleen Sutherland
Jack O'Connell
Rising Star Award
Julianne Moore
Best Actress in a Leading Role Still Alice

and rewarding excellence,

inspiring practitioners and
benefiting the public.

In addition to its Awards

ceremonies, BAFTA has a yearround, international
programme of learning events
and initiatives that offers
unique access to some of the
worlds most inspiring talent
through workshops,
masterclasses, scholarships,
lectures and mentoring
schemes, connecting with
audiences of all ages and
backgrounds across the UK, Los
Angeles and New York.
BAFTA relies on income from
membership subscriptions,
individual donations, trusts,
foundations and corporate
partnerships to support its
ongoing outreach work.

Eddie Redmayne
Best Actor in a Leading Role The Theory of Everything
The Theory of Everything
Best British Film Tim Bevan, James Marsh, Eric Fellner, ...
Mike Leigh
Academy Fellowship Award
J. K. Simmons
Best Actor in a Supporting Role Whiplash
The Lego Movie
Best Animated Film Chris Miller, Phil Lord
David Livingstone
Outstanding Debut by a British Writer, Director or Producer Pride
Stephen Beresford
Outstanding Debut by a British Writer, Director or Producer Pride
Richard Linklater
Best Direction Boyhood
Boogaloo and Graham
Best Short Film Michael Lennox, Brian J. Falconer, Ronan Blaney
Patricia Arquette
Best Actress in a Supporting Role Boyhood
Craig Mann
Best Sound Whiplash
Ben Wilkins
Best Sound Whiplash
Thomas Curley
Best Sound Whiplash
Mark Coulier
Best Makeup & Hair The Grand Budapest Hotel
Frances Hannon
Best Makeup & Hair The Grand Budapest Hotel
The Grand Budapest Hotel
Best Film Music Alexandre Desplat
Tom Cross
Best Editing Whiplash
Interstellar
Best Special Visual Effects Paul J. Franklin, Andrew Lockley, Scott R. Fisher, ...
Wes Anderson
Best Original Screenplay The Grand Budapest Hotel
Anthony McCarten
Best Adapted Screenplay The Theory of Everything
Citizenfour
Best Documentary Laura Poitras, Mathilde Bonnefoy, Dirk Wilutzky
Ida
Best Foreign Language Film Pawe Pawlikowski, Eric Abraham, Piotr Dzicio, ...
Anna Pinnock
Best Production Design The Grand Budapest Hotel
Adam Stockhausen

Television, Radio and

Telecommunications Office for
Communication (Ofcom)
http://www.ofcom.org.uk/

What Are They

Ofcom, or the Office

Communications, regulates
television, radio, telecoms and
postal sectors.

Why They Are Important

Ofcom promote competition

and keep the public away from
harmful and offensive material.

Advertising Standards Authority

(ASA)

The International Game

Developers Association (IGDA)

Milena Canonero
Best Costume Design The Grand Budapest Hotel
BBC Films
Outstanding British Contribution to Cinema Award

Pot Noodle Banned for being degrading to women https://www.youtube.com/watch?v=ZABfl

Skittles too sexual https://www.youtube.com/watch?v=IXdRBxeUy-c

Case Example
Alcohol Rules
The stringent rules, which apply across all media and are mandatory, place a particular
emphasis on protecting young people; alcohol ads must not be directed at people under
18 or contain anything that is likely to appeal to them by reflecting youth culture or by linking
alcohol with irresponsible behaviour, social success or sexual attractiveness.
The TV and radio advertising rules contain strict controls about the placement and content
of alcohol advertising. Alcohol ads are banned from appearing in and around programmes
commissioned for or principally targeted at audiences below the age of 18, as well as
programmes likely to appeal particularly to audiences below the age of 18.

Example of it being banned

Budge Brands Ltd t/a Premier Estates Wine A tweet and videos that appeared on the
advertiser's website promoting wine presented a woman in a degrading manner which
was likely to cause serious or widespread offence as well as linking alcohol with sexual activi

Diageo Great Britain Ltd t/a Parrot Bay A TV ad, for an alcoholic frozen cocktail drink
featured a colourful animated parrot in a tropical setting. The ad, particularly the parrot
character and its behaviour was likely to appeal strongly to children and was therefore
irresponsible.
Beverage Brands (UK) Ltd The Facebook page for the alcoholic drink, WKD showed
various ads that broke the rules because they implied alcohol could enhance confidence,
was integral to the success of a social event, or was capable of changing mood or behaviour.

The ASA and what they do are

important because without
them companies would and
could falsely advertise their
products and could badly
influence the wrong target
audience for their product.

https://www.igda.org/

Chris Hees

ASA, or the Advertising

Standards Authority, regulates
all forms of advertising across
the United Kingdom. They
apply the advertising codes,
written by the Committees of
Advertising Practice. Their main
job is to deal with and look into
complaints about adverts and
to check all forms of media to
prevent misleading, harmful or
offensive adverts from being
shown.

The Independent Games Developers

Association (IGDA),

The Bigger Picture

Best Short Animated Film Daisy Jacobs, Jennifer Majka,

Emmanuel Lubezki
Best Cinematography Birdman
Case Examples
Examples of Banned Adverts
KFC - Banned for demonstrating bad table manners https://www.youtube.com/watch?v=imIke

https://www.asa.org.uk

Best Production Design The Grand Budapest Hotel

http://scholars.igda.org/current-scholars/
2016 developers conference
Recent graduates studying to receive degrees in or related to game development
Business
Game design
Legal
Audio production
Art production

is the largest non-profit

membership organization in the
world serving all individuals
who create games.

http://www.bwdma.org/

This is a free supplier matching

service for all of your internet,
intranet or extranet
requirements. From web design
to creative services, iTV, post
production, ecommerce or
digital marketing, we will find
reputable suppliers to help.

To give more people a chance

to experience the benefit of
gaining knowledge through our
training, we now have samples
available for all of our online
courses.

The Group was formed by the

Association primarily to turn a
BWDMA concept for an
accessibility accreditation into
practical reality. The Group is
inclusive by nature and has
attracted contributions and
support from both stakeholders
and rights-holders across the
digital economy with support
from various countries around
the world. We are grateful for
the support and
encouragement of both
Microsoft (MSN) and KPMG.

This newly formed working

group is focused upon creating
initiatives to support better
usability and accessibility.

British Interactive Multimedia

Association (BIMA)

http://www.bima.co.uk

And programming
From bachelors degrees to PhD candidates

Case Example
Courses
Web Hosting
the full list is unavailable to view on their website

Mission: To advance the careers

and enhance the lives of game
developers by connecting
members with their peers,
promoting professional
development, and advocating
on issues that affect the
developer community.

British Web Design and Marketing

Association

BIMA showcases and rewards

great digital work, celebrating
excellence and raising
standards, and in doing so
inspires and supports current
and future talent.
Support and
promote the British digital
industry
Share
knowledge and best practice

Award ceremony

Grand Prix

Look at Me WCRS Winner

Agency of the year

Rufus Leonard Winner

Start-up of the year

Seenit Emily Forbes Winner

Student of the year

Countdown for Npower Joel Buckley Winner

Reward great
work

Encourage
the next generation

If you are involved in digital, you

can benefit from being a BIMA
member.

Press Complaints Commission

(PCC),
http://www.pcc.org.uk
https://www.ipso.co.uk/IPSO/ p

The Independent Press

Standards Organisation (IPSO)
is the independent regulator of
the newspaper and magazine
industry. We exist to promote
and uphold the highest
professional standards of
journalism in the UK, and to
support members of the public
in seeking redress where they
believe that the Editors' Code
of Practice has been breached.
We are able to consider
concerns about editorial
content in newspapers and
magazines, and about the
conduct of journalists.

We administer the Editors'

Code of Practice and take
active steps to ensure that
publications adhere to it. The
Editors' Code deals with issues
such as accuracy, invasion of
privacy, intrusion into grief or
shock and harassment. The full
Code can be seen here.

We handle complaints, and

conduct our own investigations
into editorial standards and
compliance. We also undertake
monitoring work, including by
requiring publications to submit
annual compliance reports.
IPSO has the power, where
necessary, to require the
publication of prominent
corrections and critical
adjudications, and may
ultimately fine publications in
cases where failings are
particularly serious and
systemic.

3.

Case Example
http://www.theguardian.com/media/greenslade/2014/sep/11/dailytelegraph-pcc
David Cameron's Daily Telegraph article broke editors' code of practice

At its final meeting a week ago, the Press Complaints Commission ruled that an article written
for the Daily Telegraph by the prime minister, David Cameron, breached the editors' code of practice.
The PCC decided that the piece, "We're building an immigration system that puts Britain first", include
an inaccuracy.

Cameron, in setting out the government's plans to impose further immigration controls, wrote
that "while most new jobs used to go to foreign workers, in the past year more than three
quarters have gone to British workers."
But Jonathan Portes, director of the National Institute of Economic and Social Research (NIESR
, complained to the PCC that Cameron's claim was factually wrong
He said the Office of National Statistics (ONS) figures from which Cameron's claim was drawn
related to net changes in employment, not "new jobs". He pointed out that the chair of the U
Statistics Authority (UKSA) had previously stated publicly that it was inaccurate to describe n
change in employment as "new jobs".

It was wrong for two reasons. First, the net change in the number of people in employment
is not the same as the numbers who move into employment; it is the difference in the flows
of people into and out of employment.
Second, the number of people in employment, and the number of jobs in the economy,
were not the same thing: an individual may have more than one job, or share a job.

Then discuss the issues that these regulatory bodies may face with regard to

Consumer choice -

Freedom of information -

Censorship
The infamous video nasty list was created in 1982 to protect against obscenity. Films on this list were banned and
distributors of said films were liable to be prosecuted (some of the films were banned before the list was made).

This list banned 74 films at one point in the mid-1980s; the list was eventually trimmed down,
and only 39 films were successfully prosecuted. Most of the films (even of the 39 successfully
prosecuted) have now been approved by the BBFC, cut or uncut (see Video Recordings Act 1984).

Taste and decency

The Interview - In June 2014, The Guardian reported that the film had "touched a nerve" within
the North Korean government, as they are "notoriously paranoid about perceived threats to their
safety."[21][22] The Korean Central News Agency (KCNA), the state news agency of North Korea, reported that
their government promised "stern" and "merciless" retaliation if the film was released. KCNA said that the release
of a film portraying the assassination of the North Korean leader would not be allowed and it would be considered
the "most blatant act of terrorism and war."[23][24] The next month, North Korea's United Nations ambassador Ja
Song-nam condemned the film, describing its production and distribution as "an act of war" and because of Kim's
assassination in the film,"the most undisguised sponsoring of terrorism".[25] The Guardian described Song-nam's
comments as "perfect publicity for the movie."[25] Later in July, KCNA wrote to U.S. President Barack Obama,
asking to have the film pulled.[26] Shortly before the planned release of the film on December 25, 2014,
screenwriter Dan Sterling told Creative Screenwriting: "I couldn't believe that the most infamous man in the world
knew about my script but most importantly, I would never want something I wrote to lead to some kind of
humanitarian disaster. I would be horrified if anyone got hurt over this."[10]
In August 2014, Sony delayed the film's release from October 10 to December 25, 2014.[27] Sony made postproduction alterations to the film to modify its portrayal of North Korea, including modifying the designs of buttons
worn by characters, originally modeled after real North Korean military buttons praising the country's leaders, and
cutting a portion of Kim Jong-un's death scene.[28]

Deadline: Week starting 14th December 2015