Matthew McMillan Fact Sheet Unit 1

LEGAL AND ETHICAL CONSTRAINTS

Copyright, Designs and Patents Act 1988
The law gives the 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.

The rights cover: broadcast and public performance, copying, adapting, issuing, renting and lending
copies to the public.

This is a CIVIL law not a CRIMINAL law.

This means it is not a criminal offence to break the law, which could result in a fine or jail sentence.

Instead, the person who owns the copyright has to sue the person they believe has broken the law.
The case is then heard in a civil court and if the person is found guilty of breaking copyright law then
they will have to pay damages to the owner of the copyright. The amount of damages is set by the
court.
 
Types of work protected
Literary  
Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters
and articles etc.
Dramatic  
Plays, dance etc.
Musical  
Recordings and score.
Artistic  
Photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos.
Typographical arrangement of published editions
Magazines, periodicals, etc.
Sound recording
May be recordings of other copyright works, e.g. musical and literary.
Film  
Video footage, films, broadcasts and cable programmes.
The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to
include computer programs.

Duration of copyright
For literary, dramatic, musical or artistic works: 70 years from the end of the calendar year in which
the last remaining author of the work dies.
If the author is unknown, copyright will last for 70 years from end of the calendar year in which the
work was created, although if it is made available to the public during that time, by publication,
authorised performance, broadcast, exhibition etc, then the duration will be 70 years from the end of
the year that the work was first made available.
Sound Recordings: 50 years from the end of the calendar year in which the work was created or, if
the work is released within that time, 70 years from the end of the calendar year in which the work
was first released.
Films: 70 years from the end of the calendar year in which the last principal director, author or
composer dies.
If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made
available to the public in that time, 70 years from the end of the year the film was first made
available.
Typographical arrangement of published editions: 25 years from the end of the calendar year in
which the work was first published.
Broadcasts and cable programmes: 50 years from the end of the calendar year in which the
broadcast was made.

Application:

The Copyright, Designs and Patents Act exists to prevent the use of someone else's dance, music
and song lyrics being used without permission. It also covers literacy, dramatic, musical, artistic,
sound recordings, film and typographical arrangement of published editions. The person who
wants to take something has to get permission from the person or company who originally created
what it was a person was trying to use. If that person doesn't get permission to use it then the
person who created it can sue that other person as it is rightfully theirs. The copyrights act covers
when people make a song, a dance, peoples lyrics, instrumental and brand name but it also covers
literacy, dramatic, musical, artistic, sound recordings, film and typographical arrangement of
published editions. The consequence of breaking this law would be that the person who originally
created the work could sue you in a civil court.

This law will affect how a magazine is made because a magazine company has to make sure they
get the permission for photos and all written content that they use for that issue of the magazine
as if they do not get that permission then the company or person can sue that magazine company
as they would need their permission to use work. A magazine company would also have to get that
permission documented.
The Copyright, Design and Patents Act is important to Empire magazine because the magazine
company will have to get permission from the film company so that Empire is able to use their
photographs for their issues and they will most often be provided with promotional stills. Empire
would also need to get a document from the company as if they didn't the company would be able
to sue them in a civil court. However, photos are usually sent with an approval of usage for
promotional material. Aside from this they would have to ensure that all other content such as
written stuff and images are all original.

Equality Act 2010

This law legally protects people from discrimination in the workplace and in wider society.
It is against the law to discriminate against anyone because of:
⮚ Age

⮚ Being or becoming a transsexual person

⮚ Being married or in a civil partnership

⮚ Being pregnant or on maternity leave

⮚ Disability
 ⮚ Race including colour, nationality, ethnic or national origin

⮚ Religion/belief or lack of religion/belief

⮚ Sex

⮚ Sexual orientation

This is a CRIMINAL law.

Therefore anyone who is considered to be breaking the law could be arrested. It would result in a
criminal trial which if found guilty could result in a fine or jail sentence.

Application:

The Equality Act is where you cannot discriminate against anyone's gender, race, disability, sex,
age, being pregnant, being married or in a civil partnership, sex and sexual oritentation, religion
and people becoming transsexual because everyone in the world should be treated as equal no
matter who they are. If someone was discriminating then that person can be taken to court and
get a possible sentence as it is a criminal law. The Equality Act protects people's age, people
becoming transsexual, being married or in a civil parnetship, being pregnant, disbility, race,
religion, sex and sexual orientation. The consequence of breaking this law would be a possible jail
sentence as it is classed as criminal law.

The Equality Act could affect a magazine because the producers of these magazines will have to
check thoroughly that the writers and the images of the magazine issue have not discriminated
against anybody no matter their race, disibility, sex, age, sexual orientation, religion, being
pregnant, being married or in a civil partnership or becoming transsexual. This is important for
magazine companies to follow this law as it is classed as a criminal law so that could not only
damage the reputation of the company but in serious cases could also lead to people getting a jail
sentence.
The Equality Act is important to Empire magazine because they will need to thoroughly check
through what the writers have written in the articles and the images as they should not be adding
any discrimination against anybody becoming transsexual, being pregnant, being married or a civil
partnership, sex, age, race, disibilty, religion and sexual orientation. If Empire were to break this
then the people responsible would possibly get a jail sentence because it is seen as a criminal law.

Intellectual property
What intellectual property is
Having the right type of intellectual property protection helps you to stop people stealing or copying:
⮚ the names of your products or brands

⮚ your inventions

⮚ the design or look of your products

⮚ things you write, make or produce

Copyright, patents, designs and trademarks are all types of intellectual property protection. You get
some types of protection automatically, others you have to apply for.

You own intellectual property if you:

 ⮚ created it (and it meets the requirements for copyright, a patent or a design

⮚ bought intellectual property rights from the creator or a previous owner

⮚ have a brand that could be a trade mark e.g. a well known product name

If you believe anyone has stolen or copied your property you would sue them in civil court.

Types of protection
The type of protection you can get depends on what you’ve created. You get some types of
protection automatically, others you have to apply for.

Automatic protection

Protection you have to apply for

Type of protection Examples of intellectual property Time to allow for application
Trade marks Product names, logos, jingles 4 months
Appearance of a product including, shape,
Registered designs 1 month
packaging, patterns, colours, decoration
Inventions and products, eg machines and
Patents Around 5 years
machine parts, tools, medicines

Application:

The Intellectual Property Act so that a person cannot steal or copy your inventions, ideas, design or
look of your product and the things you write, make and produce. This law protects people who
have created products and it protects their ideas from being stolen or copied. It covers the design
of a product, what you write and the name of the product or brand. The consequence is that you
would be taken to a civil court and possibly sued.

The Intellectual Property Act could affect a magazine company because the producers of the
magazine issue will have to make sure that their issue hasn’t copied or stolen ideas, designs or the
things that the writers write in that issue.
If someone or another rival magazine company thought that their ideas were being copied then
they would be able to take that company to court and possibly sue them for it.

The Intellectual Property Act is important to my Empire magazine because they would need to
make sure that their issue hasn't copied another rival companies ideas, design or the things that
are written in another issue as if the writers of Empire magazine were to do this then whoever
Empire copied or stole it from could sue them in a civil court.

Obscene Publications Act 1959

For the purposes of this Act an article shall be deemed to be obscene if its effect or (where the
article comprises two or more distinct items) the effect of any one of its items is, if taken as a whole,
such as to tend to deprave and corrupt persons who are likely, having regard to all relevant
circumstances, to read, see or hear the matter contained or embodied in it.

In this Act ‘article’ means any description of an article containing or embodying matter to be read or
looked at or both, any sound record and any film or other record of a picture or pictures.

This is a criminal law.

Application:

The Obscene Publications Act is where a person cannot show any obscene imagery or language to
the inappropriate audience. If someone did break this law then it is seen as a criminal law so they
would possibly get a jail sentence.

The Obscene Publications Act affects a magazine company as the producers of the magazine will
need to be careful with the language and imagery that they use as if it is inappropriate for the
target audience then the people who let that publish to the world can get a possible jail sentence
as it is deemed as a criminal law.
The Obscene Publications Act is important for Empire magazine because they would have to make
sure that they do not use any obscene imagery or language, for example: not using images from a
film that contain nudity or sex and also censoring bad language as it would be deemed
inappropriate for their target audience. If Empire broke this law then because it is deemed as a
criminal law then the people responsible would get a possible jail sentence.

Trespass
This is a civil law.
Trespass to land consists of any unjustifiable intrusion by a person upon the land in possession of
another.
Civil trespass is actionable in the courts.

Application:

The Trespass law is where you cannot go on land or property that you do not own and if you do
then whoever's land it is can sue them in a civil law.

The Trespass law could affect a magazine company because if the magazine company were to do
an interview or get photos on private land or property that is owned by someone then they will
have to get the permission of the land owner and would also have to get that documented so they
don’t get sued by the landowner.

The Trespass law is important to Empire magazine as for the photos on the magazine or doing
interviews for their magazine if that was on private land or land owned by someone then they
would have to get permission from that land owner and get it documented.
This is so that in a civil court but once that has been completed then Empire can take photos or
interview people on that land.

Privacy
The introduction of the Human Rights Act 1998 incorporated into English law the European
Convention on Human Rights.
Article 8.1 of the ECHR provides an explicit right to respect for a private life:
Article 8 protects your right to respect for your private life, your family life, your home and your
correspondence (letters, telephone calls and emails, for example).
 
Privacy Law is a law which deals with the use of people’s personal information and making sure they
aren't intruded upon. These laws make sure people can't have their information wrongly used
without permission.

The effect this has on radio:

This means that they can't tell the listeners people’s full names or any private details they don't want
revealed. For example if a viewer calls in but they don't want their name to be revealed then they
can't say it.

The effect this has on television:

This is also basically the same as radio, they can't use people’s full names without their consent. This
also means that if they take footage of someone they need to get that person’s permission before
they air it on television.

Anyone who believes their right has been broken can make a civil claim in the courts against those
they believe have invaded their privacy.

When applying the legal principles the court will balance the claimant's right to privacy against the
right to freedom of expression.

If the claimant is proved to be correct this could result in an injunction banning publication of
information; damages; and return or destruction of the material gained from the intrusion.

Application:
The Privacy Act is where people in general are not allowed to tell their audience other people’s full
name, house number or any personal details about them as it could put that person's life at risk. If
this law was broken then that person can sue them in a civil court.

The Privacy Act could affect a magazine company because if the company of that magazine do an
interview with a person and the writers of that issue include private information then they can
take them to a civil court and sue them.

The Privacy Act is important to my Empire magazine because if they were to interview a person for
a section of their magazine and the writers of the article were to release information such as
where they live, full name or address then that would possibly put that person's life at risk and
they would be able to sue Empire in a civil court.

Defamation Act 2013

This Act reformed defamation law on issues of the right to freedom of expression and the protection
of reputation. It also comprised a response to perceptions that the law as it stood was giving rise to
libel tourism and other inappropriate claims.

The Act changed existing criteria for a successful claim, by requiring claimants to show actual or
probable serious harm (which, in the case of for-profit bodies, is restricted to serious financial loss),
before suing for defamation in England or Wales.
It also enhanced existing defences, by introducing a defence for website operators hosting
user-generated content (provided they comply with a procedure to enable the complainant to
resolve disputes directly with the author of the material concerned or otherwise remove it), and
introducing new statutory defences of truth, honest opinion, and "publication on a matter of public
interest“.

LIBEL
A written, published false statement that is damaging to a person's reputation.

SLANDER
Making a false spoken statement damaging to a person's reputation.

Defamation is a civil law and so you would need to sue someone who you believe has damaged your
reputation.

Application:

The defamation of character has two different ways in which this law can be broken. The first is
libel, which is where someone needs to have written a statement which damages someone's
reputation. The second one is slander, which is where someone makes a false spoken statement
which would also damage a person's reputation. If someone broke this law then that person who
has been damaged can take them to a civil court and sue them. I will be looking at the first form of
defamation in libel as that will be more relevant to me.
The Defamation Act could affect a magazine company because if the writers of that magazine
company were to write libel statements about someone or a company then if they thought it
damaged their reputation or the companies reputation then they could take them to a civil court
and sue them.

The Defamation Act is important to my Empire magazine as they will have to take a thorough look
through their magazine before publishing to avoid committing libel. If they have any libel
statements about a person for the issue of the magazine then if that person or company think that
the statements are damaging their reputation and inaccurate then they would be able to take
Empire to a civil court and sue them. If Empire were to interview an actor and they were to make a
statement that is false about somebody then Empire would need to find out if this statement was
true as it could damage that actor's reputation. So therefore, they must ensure that they avoid
negative statements that harm an individual or companies reputation and they need to ensure all
their information is accurate.

Ethical issues
Ethical issues are based on the judgement of the people and what they think is morally right and
wrong. Ethical and legal issues are completely different because with legal issues you are able to
get taken to prison with a sentence or you can be sued in a civil court. Whereas, with ethical issues
it is not deemed as a criminal or civil offence but it is the judgement of the people. If an ethical line
is crossed the consequences can be that they lose their audience, could have a negative impact on
their reputation and the audience could also complain to the regulatory body, which is then
investigated.

Protecting the under 18s

The protection of the under 18s is crucial for any type of media company because in the UK they
are classed as children by law. As a result, media companies need to ensure that what they put in
their products is suitable for a younger audience to see. For example, a magazine company needs
to ensure that what they publish to an audience is also suitable for a younger audience to see
unless there is an age restriction of that magazine. This is so that the younger audience doesn't get
exposed to explicit content and wouldn't be appropriate for their age group.

The protection of the under 18s can impact a magazine company as the producer would need to
ensure that the content and also the photographs of the magazine are suitable for a younger
audience as they could possibly get them from a store or online. The magazine company will need
to make sure that there is no explicit content such as bad language and they will also need to check
photographs such as nudity are not used in the magazine as it is not suitable for the younger
audience.

This would impact my case study as Empire magazine because they would need to ensure that the
content and photographs that they would use in their newest issue would be suitable for a
younger audience. An example would be that Empire magazine would have to check that the
content of their issue such as interviews or stuff they write would need to be suitable for a
younger audience and not use bad language. Another example would be that they would also
need to ensure that the photographs they use for the different movies in the magazine do not
contain any explicit content in them and that they are PG and also suitable for the younger
audience.

Representation
Representation of the media is how the media deals with portraying social groups like gender, age,
ethnicity, national and regional identity, social issues and events to an audience. Representation is
also how the media portray types of people or communities.

A representational issue for Empire magazine would be if they represented people with a disability
negatively and chose to stereotype them saying “you can't do this because of your disability”. This
stereotypical phrase will affect the company and the people's reputation as actors because there
would be a lot of reports from the people and effectively could lead to disbaled people not
wanting to act as it creates a toxic environment. A way that media companies can avoid this is by
not stereotyping or typecasting against people and a way they can avoid doing this is by making
sure what the publishers type in their issues and check them through before release.
Production Methods
The production methods are when you are interviewing young children or vulnerable children to
ensure they don't make fun of their vulnerability because they are equal to everyone else. Also,
presenting an individual or their views as being representative of an entire group of people as your
leader and that you will stick up for them by no means necessary. There is also a use of hidden
microphones and the use of recorded information. They should also not be biassed. Stereotype is a
specific type of representation and it is usually reducing people to a few defining characteristics.
Often, people using stereotypes are using them in a negative manor and as a result of using or
relying on them in a magazine image or text it is an ethical issue and could cause harm to the
audience.

A productional method issue for Empire magazine could be that they are shouldnt interview a
young or vulnerable child and they should also make sure that Empire doesn't make fun of their
vulnerability because they should been seen as equal to everyone else. Also, Empire should not be
biassed towards any topic in their articles as that would be seen as wrong. For example, Empire
could not use an article that states “all men are great actors”, this would be seen as biassed
towards the male gender and would be harmful to the women actors as they would feel as if they
aren't as good as men. A way to avoid this would be that they should thoroughly check their issue
before releasing it and making sure the writers have not been biassed or discriminated against
anyone.

Content
You need to be careful about what you are putting on your magazines such as the images you use
and text because it might come off as offensive to some people for whatever images or text that
you produce onto the magazine. Also, giving out false information might also lead to the
reputation of the company being damaged as people will stop buying their products which could
also end up in that company losing a lot of money. Also, if you influence people to do something
because it said it in your magazine, you could be influencing people to do something wrong and it
could cause harm for the company and it could also lead to a lawsuit potentially and also the
person doing the harm action would be harmed if the stunt or trick in the magazine was dangerous
then that could be putting that person's life at risk. This could lead to a loss of audience and a loss
of money for the company.