Sean Spencer Fact Sheet Unit 1

Legal and Ethical Issues:

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:

Copyright law prevents people from using anyone’s else's work without their permission, therefore
preventing people taking other people's work and using it for themselves. This is a civil law which
would result in a warning or a fine if you keep breaking the rule continuously. It covers everything in
the media so you don’t use other peoples’ work without their permission.

This law affects magazines because you can not use other people’s images that they have taken and
edited into your magazine and make it your own unless you get permission to do so from the owner.
Magazine companies shouldn’t steal or copy written content either because it will be someone else's
work and someone will pick that up. They must make sure all their content is original or they have
permission to use copyrighted material.

This affects FourFourTwo as it prevents them from taking things that aren't their own content such as
images or text without permission. This is a civil law which would result in a warning or a fine if you
keep breaking the rule continuously. It covers everything in the media so you don’t use other
people's work without their permission. It also covers context and images as they get the Footballer
on their magazine. It also must be all original pieces or get permission from the other companies or
individuals to use some of their work to put on there.

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 don’t discriminate against anyone in whatever product you are
publishing. The social groups that this protects is everyone listing from, Age, Transgender, Cival
Partnership or marrried, Being pregant or murtanity leave, disibility, race including colour, nationality,
ethnic or national origin, Religion, Sex and Sexual orientation and this law is in place because
everyone is equal. This is a criminal law which would result in being taken to court and maybe be
given a sentence.

The Equality Act affects magazines because it ensures that everyone is equal and that you should not
make remarks for how people look or what they identify as. They should also not discriminate
against anyone for being disabled, different race, how old they are, being pregnant or being on
maternity leave because everyone is the same and you should not joke about these things when
people are looking at your magazine. The company publishing this magazine could face a heavy fine
or prison sentence as it’s a criminal law to do such a thing like this. They should avoid discriminating
stereotypes and that everyone in the magazine should be equal and not left out.

This law will affect Four Four Two because it makes everyone feel equal in everything and not leave
anyone out. Also make sure that you don’t discriminate against anyone for what they are or how
they are as it’s disrespectful in their images and text. This could result in a heavy fine or even a prison
sentence as it’s a Criminal Law. This is also to stop stereotyping and discrimination to everyone as
you might lose viewership and lose money.

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:

Intellectual Property Law is where you have been given the right to property protection and that
helps you to stop stealing or copying your inventions, the design and look of your products, written
things, make or the names of your products or brands. The consequences of breaking this law is that
you will get a fine for doing this and go to court about it if you do it numerous times.

The Intellectual Property Law affects magazines because you are given the right to protect your
property and help you from other people stealing or copying your inventions for the way they look or
how it is written. You could sue the person doing and get money from them for doing this in a Civil
Court. This will only apply for if they have taken TradeMarks when it’s the product names, Logos and
slogans and it could take 4 months to allow for the application. The registered designs are the
appearance of a product including shape, packaging, patterns, colours and decoration that could take
a month for it to allow the application.

This law affects Four Four Two magazine because it gives them the right to protect anything if they
think someone has taken their work and used it theirs. This could involve copying your inventions
from how they look or how they are written. If you think they have, you can take them to a Civil
Court and get them sued there and from there the judge gets involved and makes their decision
whether to fine them or not and hand the money over that they made from their shoot to you. This
law is specifically relevant for the designs and layout of magazines and that FourFourTwo must make
sure that it is all original

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 purpose of the Obscene Publications Act is where you can not publish anything pornographic or
obscene. The consequences of breaking this Criminal Law is that you will get sent down to prison or
get a big fine for these consenques.

The Obscene Publications Act affects magazines so you don’t say or do anything that will harm your
magazine and that you don't harm anyone reading your magazine and might put them away from
reading the magazine again. The consequences of this are very severe as you could either get a
massive fine or get sent down to prison for your actions. You are also not allowed to produce
anything that could desprave or corrupt people who will read the magazine.

This law will affect my case study because FourFourFour won’t say anything bad that will make the
audience go away from them and effectively lose money when they stop getting the magazine. The
consequences of this are very severe as you could either get a massive fine or get sent down to
prison for your actions. You are not allowed to create anything obscene. This means where you can
not use nudity in a magazine, this is to not disturb or corrupt the reader.

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:

Trespass is a law that prevents people from going onto a property that isn’t theirs and could be fined
if you do this repetitively. It’s also when you are unjustifiable with a person upon the land in
possession of another, which means you can’t just go to someone’s place and take photos. You need
permission to do this.

The Trespass Law is where it needs to be documented if they were given permission for doing an
interview or using photos for the magazine and for them being on private property and doing this in
their house. This could lead to a fine if you don't get permission or document it because it is against
the law to use someone’s property without getting permission.

This law affects FourFourTwo magazine because people wouldn't want unauthorised photos taken on
their land and if they told you to get off the land, you could get a big fine for this and the company
reputation might be damaged. However, they will have to get permission to do interviews for the
magazine on private property and document it. This will go to civil court so it could possibly get a fine
for this. For example, for a photoshoot that FourFourTwo do and it’s on private land, they would
need to seek permission and this will need to be documented for if they are approached by any
companies.

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 you respect people's privacy and not invade this by publishing private
information. The consequences of this is that the person you are asking will not talk to you again or
could get a fine for pushing someone that they might not want to do.

The Privacy Act could affect magazine companies because they cannot reveal private information like
phone numbers and addresses or use their full names if they are under. They also need not to make
anyone not do what they choose not to do. This would result in a fine or a warning as it is a civil law
and you won’t go to prison for it.

It affects FourFourTwo because it follows the law throughout by keeping to the guidelines of keeping
everyone’s privacy safe and not using under 18s in their magazine. They will also not use anyone’s
full name if they wish not to and they will not force them to do anything they don’t want to do. They
will also need to be careful that they don’t accidentally reveal private information in images too.
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 Libel law prevents written and published false statements about someone that could be
damaging to a person's reputation. The slander law is making a false spoken statement that could
also be a damage to someone's reputation. The consequences of this is a Civil Law so you could sue
the people if they are damaging your reputation which could lead to a fine in the later days.

The Defamation Act, specifically libel, affects magazine companies because it gives you the right to
express your feelings and to speak up for your reputation and make it suitable for everyone to read
and feel comfortable whilst reading it. This could damage the company's reputation and could take it
to civil law to sue them.

The Defamation Act is important in FourFourTwo magazine because they will make sure that they
follow this Law throughout the magazine before they publish the magazine to the wider world. For a
libel statement that could ruin someone's reputation. They also need to not damage the reputation
for the individual or company because it could lead to fines. As a result, FourFourTwo must ensure
that the check all the information they’re publishing is truthful and must try to avoid negative
comments and statements about people. It affects the magazine companies because it gives you the
right to express your feelings and to speak up for your reputation.
 Ethical Issues

Ethical Issues are where they are not legal issues and that they are not linked to a law. Instead it is
linked to what is morally right and wrong and it is based on judgement and what the society thinks of
the situation. The consequences of this is that you might cause offence and harm to the audience
which will effectively lead to losing the audience. If someone spots a discriminating or something
that goes agaisnst one of the rules, they can complain to the regulatory body which from there is
investigated and analysied and it could also have a negative impact on the companies reputation.

Protecting the under 18s:

The Under 18s are classified as children in the UK and therefore some things will not be suitable to
put on the magazine such as excessive violence or sex scenes and certain obscene language. What
they will need to do is to make content suitable for everyone to read and make it appropriate for the
reader and that still makes the younger audience want to buy the magazine. Bad language will also
not be tolerated in magazines as it is not suitable to under 18s and it might get them into a lot of
trouble if they are caught reading or saying these words. This will affect the FourFourTwo magazine.
There needs to be suitable content for them like not using explicit words in big text so the under 18s
don’t copy what it is saying, or making misleading statements to one another.

Representation:

The representation is the way media products portray different social groups, places and events. It is
a construction of reality and this could be an ethical issue, if a representation of a social group was
offensive to the audience. Stereotypes are particular representations that are often limited, basic
and negative.
Magazines need to be aware of the representations they’re creating in their images and text to avoid
negative representations that might offend the audience or being ethically wrong.

A representational issue for FourFourTwo is if they represented women’s football particularly

negatively and relied on stereotypes in images or text or statements like “Football isn’t for girls” or
“It’s a man’s game”. These stereotypical phrases will affect the company and the girls playing
reputation because there will be momentous amount of reports from the people and effectively
could lead girls out of the sport as they wouldn’t want to be playing in this toxic environment.

Production methods:

The production methods are when you are interviewing young children or vulnerable people 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 the record information, they would be required to get permission from
their parents to be used in a magazine, from me from pictures, to using their name, to writing for
them.
Content:

You need to be careful about what you are putting on a magazine such as images 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
because people will stop buying their products and they will lose a lot of money from that because
they are giving out false information. 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 could cause harm for
the company and the person committing it. There is also an offence for the FourFourTwo magazines
because you can not use a picture of a player naked on your magazine as it is deemed inappropriate
and not suitable for this magazine as the target audience starts at young people,