UNIT 12 ASSIGNMENT 3

Alicia Tolhurst

CONTRACTUAL

Types of Contract
Format Holders (licensors, naming conventions, look and feel)
Negotiating Contracts
Non-disclosure Agreements
Commissioning Processes
Costing
Scheduling
Time Management
Risk Management
Subcontracting
Outsourcing
Working to a Brief
Penalties

TYPES OF CONTRACT
Contracts are agreements between two people, creating an enforceable obligation to do, or refrain from doing a
particular thing. The purpose of a contract is to establish the agreement that the parties have made and to fix their
rights and duties in accordance with that agreement. The courts must enforce a valid contract as it is made, unless there
are grounds that bar its enforcement.
Contracts under Seal
Traditionally, a contract was only an enforceable legal document if it had been stamped with a seal. The seal
represented that the parties intended the agreement to entail legal consequences. No legal benefit or detriment to any
party was required, as the seal was a symbol of the solemn acceptance of the legal effect and consequences of the
agreement. In the past, all contracts were required to be under seal in order to be valid, but the seal has lost some or all
of its effect by statute in many jurisdictions.
Express Contracts
The parties, in an express contract, state the terms at the time of its formation in writing or orally and there is a definite
written or oral offer that is accepted by the person the offer is made for in a way that explicitly demonstrates consent to
its terms.
Implied Contracts
A true implied contract consists of obligations arising from a mutual agreement and intent to promise, which have not
been expressed in words. Implied contracts are as binding as express contracts. An implied contract depends on
substance for its existence; therefore, for an implied contract to arise, there must be some act or conduct of a party, in
order for them to be bound.
Adhesion Contracts
Adhesion contracts are those that are drafted by the party who has the greater bargaining advantage, providing the
weaker party with only the opportunity to adhere to (i.e., to accept) the contract or to reject it. (These types of contract
are often described by the saying "Take it or leave it.") They are frequently employed because most businesses could not
transact business if it were necessary to negotiate all of the terms of every contract.

NEGOTIATING CONTRACTS

Negotiating contracts is the process of give and take the parties go through
to reach an agreement.
In a typical contract negotiation, each party compromises on some issues
in order to get what they want. Although there are always lots of details to
work out, most contract negotiations boil down to two essential factors:
risks and revenues.
One key to the outcome of contract negotiation is the relative bargaining
positions of the parties. A party with vastly superior bargaining power -- for
example, a landlord operating during a housing shortage or an employer
that is hiring during a recession -- doesn't have to negotiate. Instead, these
heavy hitters often present a contract and tell the weaker party to "take it
or leave it."

NON-DISCLOSURE AGREEMENTS

A non-disclosure agreement (NDA) is a legal contract between

at least two parties that outlines confidential material,
knowledge, or information that the parties wish to share with
one another for certain purposed, but wish to restrict access to
or by third parties. A non-disclosure agreement is a contract
through which the parties a confidential relationship between
the parties to protect any type of confidential and proprietary
information or trade secrets.
It is also possible for an employee to sign an NDA or NDA-like
agreement with an employer. In fact, some employment
agreements will include a clause restricting employees' use
and dissemination of company-owned confidential information.

COMMISSIONING PROCESSES

Commissioning is the process public bodies use to assess the needs of

people in the area, design the services to meet those needs and select an
appropriate service to meet those needs.
In practice, the commissioning process comprises the integrated
application of a set of engineering techniques and procedures to check,
inspect and test every operational component of the project, from
individual functions, such as instruments and equipment, up to complex
amalgamations such as modules, subsystems and systems.
Commissioning activities, in the broader sense, are applicable to all phases
of the project, from the basic and detailed design, procurement,
construction and assembly, until the final handover of the unit to the
owner, including sometimes an assisted operation phase.

REGULATORY ISSUES

Access
Consumer Choice
Freedom of Information
Censorship
Ownership
Taste and Decency
Regulatory Requirements
Compliance
Copyright
Trademarks
Intellectual Property
Accessibility
Implications of Franchising
Licensors
Health and Safety Policy
Legal
Requirements, eg privacy law, copyright law, Employment Equality (Age) Regulations 2006
Standards, eg Worldwide Web Consortium (W3C) accessibility standards
Regulatory Bodies, eg Office of Communication (Ofcom), Trading Standards, Press Complaints Commission (PCC), Advertising Standards Authority (ASA), regulation by internet
service providers
Self-Regulation

FREEDOM OF INFORMATION

The Freedom of Information Act 2000 provides public access to information held by
public access to information held by public authorities. There are two ways it does
this. The first way is that public authorities are obliged to publish certain information
about their activities, and the other way is members of the public are entitled to
request information from public authorities.
The Act covers any recorded information that is held by a public authority in England,
Wales and Northern Ireland, and by UK-wide public authorities based in Scotland.
Public authorities include government departments, local authorities, the NHS, state
schools and police forces. However, the Act does not necessarily cover every
organisation that receives public money. For example, it does not cover some charities
that receive grants and certain private sector organisations that perform public
functions.
Recorded information includes printed documents, computer files, letters, emails,
photographs, and sound or video recordings.

CENSORSHIP

Censorship is the suppression of speech, public communication or other

information which may be considered objectionable, harmful, sensitive politically
incorrect or inconvenient as determined by governments, media outlets,
authorities or other groups or institutions.
Censorship in the United Kingdom has a long history with variously stringent and
lax laws in place at different times.
British citizens have a negative right to freedom of expression under the common
law. In 1998, the United Kingdom incorporated the European Convention, and the
guarantee of freedom of expression it contains in Article 10, into its domestic law
under the Human Rights Act. However, there is a broad sweep of exceptions
including threatening, abusive or insulting words or behaviour intending or
likely to cause harassment, alarm or distress or cause a breach of the
peace.

TASTE AND DECENCY

Media that is broadcasted must be appropriate for the target audience, nothing
should be shared with the public which could in any way bring the broadcaster into
disrepute. Strong language can give rise to widespread offence, the use of strong
language in text can be far more offensive than a fleeting expression on radio or
television. The use of certain four letter words will not be acceptable. In case of
difficulty the appropriate Head of Department and/or Editorial Policy must be
consulted.
Transmissions should not include anything which offends against good taste or
decency or is likely to encourage or incite to crime or to lead to disorder or to be
offensive to public feeling. Licensees should take note of the guidance contained in
Section 1 of the ITC Programme Code, in particular that relating to the use of bad
language and bad taste in humour. In accordance with the ITCs Family Viewing
Policy, normally no editorial material which is unsuitable for children should be
transmitted before 9.00 pm. Separate rules apply to advertising.

COPYRIGHT LAW

The Copyright law originally came from the United Kingdom from a concept of common law; the
Statute of Anne 1709. This was the first statute to provide for copyright regulated by the
government and courts, rather than by private parties. It then became statutory with the passing of
the Copyright Act 1911.
The Copyright designs and patents act (1988) was introduced for two main reasons: making sure
that people were rewarded for their hard work and also to give the creator a form of protection from
getting their work stolen. Before this act was introduced there was very little that creators could do,
in a legal sense, if someone else decided to steal their work and claim it as their own. The law gives
creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and
typographical arrangement of published editions rights to control the ways in which their material
may be used.
Currently in the UK one does not have to register or apply since the laws of copyright are
automatically enforced. Copyright lasts for a lifetime and then 70 additional year after the creator's
death. After this period of time has come to pass, then the copyright is usually passed down to the
creator's 'heirs' or beneficiaries. Often, the copyright does not only lie with the 'creator' alone, but
somebody else.

TRADEMARKS

A trademark, trade mark, or trade-mark is a recognizable sign,

design, or expression which identifies products or services of a
particular source from those of others, although trademarks used
to identify services are usually called service marks. The
trademark owner can be an individual, business organization, or
any legal entity. A trademark may be located on a package, a
label, a voucher, or on the product itself. For the sake of
corporate identity, trademarks are being displayed on company
buildings

INTELLECTUAL PROPERTY

Intellectual property rights are the rights, which are given to given to people over
the creations of their minds. They usually give the creator an exclusive right over the
use of his/her creation for a certain period of time.
These rights are customarily divided into two main areas: Copyright and rights
related to copyright and industrial property.
Copyright ad rights related to copyright means that the rights of authors of literary
and artistic works (for example, books and other writings, musical compositions,
paintings, sculptures, computer programs and films) are protected by copyright, for
a minimum period of 50 years after the death if the author. The main purpose of
protection of copyright and related rights is to encourage and reward creative work.
Industrial property means that the exclusive rights given are generally subject to a
number of limitations and exceptions, aimed at fine-tuning the balance that has to
be found between the legitimate interests of right holders and of users.

PROFESSIONAL BODY

British Interactive Multimedia Association (BIMA)

British Computer Society
British Web Design and Marketing Association
UK Web Design Association
Association of Web Design Professionals
professional body codes of practice

BRITISH INTERACTIVE MULTIMEDIA

ASSOCIATION (BIMA)
The British Interactive Multimedia Association (BIMA) is
Britains digital community. Founded in 1985 and now one of
the most widely respected names in the digital industry.
BIMA exists to support and promote the British digital industry,
to share knowledge and best practice, to reward great work
and to encourage the next generation.
BIMA provides valuable ways to keep up with developments in
a fast-moving sector. BIMA provides access to market data and
intelligence through links with government departments,
professional bodies and holds regular talks and conferences on
key industry issues.

PROFESSIONAL BODY CODES OF

PRACTICE
Professional body codes of practice tells professionals what they must do in their
line of work and how they must behave so that they all work to the same high
standards.
The Code also helps people hiring or involved in the workplace to understand
how the professionals should behave towards them.
The VSC was established in 1989 as a non-profit making body set-up to develop
and oversee a Code of Practice. It is designed to promote high standards within
the video industry. The Code of Practice incorporates the Code of Practice Rules
which are a mixture of the law, proper business practices and common sense. It
established a Code of Practice designed to promote high standards within the
video industry and to ensure that pre-recorded videos and DVDs are provided to
the public in a responsible manner. The Code has subsequently been expanded
to promote high standards within the computer games industry.

ETHICAL

Policies and procedures

Ethical requirements
Social issues and sensitivities
Representation of gender
Representation of religious beliefs
Emerging social concerns and expectations
Cultural issues and language

ETHICAL REQUIREMENTS

Within different jobs in the media there are different levels of restrictions. For example, a
comedy show and a news show will have very different levels of restrictions since modern day
comedy can be found insulting towards some people, whereas a news show will have much
higher levels of restrictions in which are ore heavily enforced.

If anything shared is found offensive can result in the company being sued and being made to
pay out money in compensation. Ways a company can avoid this are:

Obtaining permission from the primary owner of a picture, video or sound clip before being
able to use it. Without someone's written permission, one must not use any part of someone
else's work.

Avoiding slander. One shouldn't make a verbal statement about an individual which could be
viewed as insulting, abusive or done in a way to damage somebody's reputation.

One shouldn't make a written statement about any one individual which could be viewed as
insulting, abusive or done in a way to damage their reputation, this is called Libel.

One should be aware of the way they represent and describe the content and the characters
in their work, since it should be unbiased and accurate (to an extent). This applies to race
(black, white, asian, etc.), gender (male, female, other), sexuality (homosexual,
heterosexual, other), disability (able bodied and otherwise), nationality (British or
otherwise), class (working, middle or upper), regionalism(north and south), age (young and
old), religion (Christian, Muslim, Hindu, etc.)

REPRESENTATION OF GENDER

Despite the fact that men are the most frequent protagonists in
all forms of media, people sometimes have trouble defining
what exactly makes a man.
The portrayal and acceptance of men by the media as socially
powerful and physically violent serve to reinforce assumptions
about how men and boys should act in society, how they
should treat each other, as well as how they should treat
women and children.
The media infantilize women, portraying them as
child-like, innocent and vulnerable. Being vulnerable is
often closely linked to being a potential victim of
violence.

SOCIAL ISSUES AND SENSITIVITIES

Social issues and sensitivities in media can be anything from body image, gender
representation, diversity and violence.
In a world where pervasive media images fuel unrealistic expectations about how
we should look and dissatisfaction if we fail to make the grade it is vitally
important that both girls and boys be taught the media literacy skills they need to
critically engage with media representations of male and female bodies.
Representations of violence are not new. In fact, violence has been a key part of
media since the birth of literature: Ancient Greek poetry and drama frequently
portrayed murder, suicide and self-mutilation, many of Shakespeares
plays revel in violence, torture, maiming, rape, revenge and
psychological terror, and some of the most popular books of the
19th century were penny dreadfuls that delivered blood, gore and
other shocks to the lowest common denominator.

REPRESENTATION OF RELIGIOUS
BELIEFS
When it comes to the media, religious communities have a representation
problem. When we open a newspaper or turn on the television, we are unlikely
to hear any reference to religion unless it is in reference to a crisis, a scandal,
or a misguided fanatic promoting conflict or violence in the name of religion.
It is problematic when crisis stories about religion so utterly dominate that
they end up creating a series of stereotypes, effectively misrepresenting
billions of people and their religious beliefs. It leads to distrust and suspicion
between communities, and those tensions are most harmful to the lives of
those least able to affect the way their beliefs are portrayed.
Around 84% of the worlds population is religiously
affiliated, according to a 2012 Pew Research Centre
survey.

POLICIES AND PROCEDURES

Policies and procedures provide the framework within which an organisation

operates. They define what an organisation does and how they do it. Clear
policies and procedures support effective decision making and delegation
because they provide guidelines on what people can and cannot do, what
decisions they can make and what activities are appropriate.
A clear policy framework means there will be fewer misunderstandings or
debates about what to do in particular situations and there will transparency
and consistency in the way they operate as an organisation and make
decisions.
The policies and procedures an organisation needs will depend on a number
of factors such as the type of work you do and the size of your organisation

SOURCES

http://
www.kaiciid.org/news-events/news/media-representations-religiou
s-beliefs-are-skewed-ugly
http://mediasmarts.ca/digital-media-literacy/media-issues
http://www2.warwick.ac.uk/fac/sci/wmg/about/
https://en.wikipedia.org/wiki/Social_issue
https://en.wikipedia.org/wiki/Professional_ethics
http://www.bima.co.uk/about-bima/index.asp