Sophie Paterson

Legal and ethical considerations, codes of practice and regulations

The copyright designs and patents act was first established in 1988. It was
introduced to ensure that the work that has been created is protected as well as
to make sure that the creators are rewarded. It gives the creator including those
of literacy, musical, dramatic and artistic the choice on how their work is used.
This could be adapting, broadcasting or copying. Before this act was legally set
into place, there was little the creator could do if their work was stolen. Whereas
copyright protects intellectual property e.g. books, plays and software, patent is often made
to assist inventors and provides the patent holder the “right to exclude others from making,
using, offering for sale, or selling the invention.” With 10% of someone’s work may be
copied without infringing on copyright.

The duration of copy right depends on the type of work that has been created. For example,
literary, dramatic, musical or artistic work last the life time of the creator plus seventy years
after their death. After this time, copyright is usually passed down to their ‘heirs’.
Regarding the name or title, copyright laws do not apply as that may be used in
unrelated instances. However, other legalisations e.g. trademark, may cover this
meaning it is still protected. Work on the internet is also a subject to copyright,
designs and patent act unless the site is listed as royalty free.
When it comes to software, once you purchase a package a license has also been purchased
which allows you to use the software legally. This means that the company have stated you
do not own the software but are allowed to use it anyway. However, it may be illegal to
download the software on multiple computers as when you purchase the software you are
only purchasing a single licence. In certain cases, companies will sell multiple licences which
can be used on numerous amount of computers.
Ethical considerations
Ethical considerations must be taken when working in any part of the
multimedia product. Restrictions will apply to what can be said as well as
what you’re allowed to do. This is set into place to ensure the audience
are not affected by any negative comments. Depending on the media
role, different restrictions will be placed. For example, more heavy enforcements will be set
into place on the television than there would be on the internet.
When working within the media area there are rules of which you must abide by when
creating a product. This helps to protect individuals from racism, homophobia, sexism etc as
this can cause problems and offend many people. If someone finds something offensive on
for example a tv channel where more restrictions apply they may be able to sue the
company for money. There are some rules to avoid this and they are;
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• You are not allowed to use an image, video or sound clip of someone you have not asked
for permission to do in advance. This may need to be written in words. This is named
slander.
• You cannot speak about someone in a way that may be abusive or offensive that could
ruin their reputation. This is called libel.
• You are not allowed to use someone else’s work or even parts of their work without their
written permission as this is a copyright law.

When creating my product, three laws should be taken into consideration, one of them
being the privacy law. These are those in which deal with regulating, storing and using
identifiable information of an individual. This means permission should be granted before
the use of an image/text is used with an individual’s information.
Decency laws should also be taken into thought. These laws are put into place to make it an
offence to do any act of lewed, obscene or act of ‘disgusting’ nature in public. This act
should be kept in mind when including any videos as any wrong acts that are suggested as
one of the videos may but the audience in danger.
Another law includes libel law. This is when an expressed print, sign or image exposes an
individual to harm in their profession or cause public hatred or ridicule. To avoid this when
creating the product, I will take precautions such as being aware of what it is
I’m saying as well as making sure it is based on pure facts.

The product must also have confidentiality of information. This is when

neither party shares any information or data until there has been an
agreement.

The product must remain unbiased and accurate in how you represent and describe the
content and characters. This applies to:

1. Race (black, white, Asian etc.)

2. Gender (male, female etc.)
3. Sexuality (homosexual, heterosexual etc.)
4. Disability
5. Nationality
6. Regionalism
7. Age
I will ensure that all these acts are complied with, as it is essential I take these are taken into
consideration. This means that I cannot suggest that one of these groups is inferior to the
other, otherwise I will be in breach of this rule and my production may be withdrawer.
To guarantee I will follow these rules and regulations, the images and videos I choose to use
from the internet will be royalty free or I will have permission to use them. The content I will
use will also be appropriate for the target audience and I will ensure that there is no biased
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or prejudice opinion in the information I have collected. The logo will also be designed by
myself as this further avoids any copyright laws.
Codes of practice and regulations
OFCOM
Ofcom is a communications regulator set in the uk, that regulates
different forms of media including; TV, radio, and videos on demand
etc. Ofcom are set out to make sure that people in the uk get the most
from there communication services, whilst being safeguarded from
scams.

Advertising standards authority (ASA)

The role of the ASA includes regulating the content of advertisements,
ales promotions, and direct marketing in the uk. Thy do this by enquiring
any complaints that are made about them, and decide if it fits into the
advert standard code.

British interactive media association

The British interactive media association, who were formed in
1985, is a business that represent the digital industry in the UK.
They state that their mission is to innovation and excellence
across the digital industry.

Clearance
Copyright clearance is the act of getting permission to use certain content that has been
copy written. It is usually done by writing a letter to the holder of the copyright precisely
outlining the material they would like to use and what their intentions are with the material.
The person requesting clearance must ensure that they are precise with what they are
requesting as it may result in them getting ignored if not. This is because the holder must be
aware of what exactly their work is being used for and where it will be. If the holder doesn’t
reply, their work cannot be used and other sources may have to be used instead. The holder
of the copyright can also come to an agreement in terms of how their material is used. This
allows the holder to say yes but change it to their terms.
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Classification of videos

BBFC- The British Board of Film Classification

The BBFC is an independent body which has been classifying video/DVDs since 1984 and
later cinema films in 1992. They aim to make customers aware about content such as music
videos, which are found on vivo and YouTube, who are currently working in partnership with
the BBFC to ensure that unsuitable videos contain an age rating so
that they un assessable to anyone 12 and under.
The Video Recordings Act requires that video releases not exempt
(music, documentary, non-fiction, video games, etc.) under the Act had to be classified,
making it illegal to supply any recording that had not been certified. Certificates could
restrict release to any age of 18 or under, or to only licensed sex-shops. The government
currently designate the BBFC as the authority for certifying video releases. As the law
requires the certificate to be displayed on the packaging and media labels of the video
recording, in practice only UK releases can be legally sold or hired in the UK, even if a foreign
release had identical content.
The Vevo website contains the BBFC rating symbols for the first few seconds of the music
video. However, once the courser has been moved the rating will re appear in the corner. A
symbol can also be pressed so that the rating appears.

Once an artist has released a music video in the UK, the record label of the artist will submit
the video to the BBFC where they would at least expect at rating at 12. The BBFC will then
analyse the video and assign it an age rating. They will consider any references of drugs, se,
nudity, and any dangerous/threatening behaviour etc.

When making the decision of the age ratings, the BBCF must ensure that their standards
meet with the publics expectations. In order to do this, the BBCF will carry out public
consultations every four to five years to find out the opinions of the public on their current
age ratings. Depending on the public’s response, the BBFC will alter their ratings to meet the
publics expectations.
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There are different age ratings the BBFC will give a video including;
Universal- Universal also known as U is suitable for all user to listen to.
PG- Parent guidance is the general viewing for everyone but some
scenes may be unsuitable for children.
12A/12- these videos are suitable for people ages 12 and over.
However, if accompanied by an adult6, people under the age of 12 may
see a 12a film.
15- A fifteen rated film is suitable for anyone 15 and over.
18- a film rated 18 is suitable for adults only.
R18- an R 18 is a restricted 18 film. They are only to be shown by a
specially licensed cinema.