Legal and Ethical

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Legal and Ethical Issues

Copyright, Designs and Patents act of 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.

APPLICATION
I will not break this law because I will not use copyrighted material. For example I will not use
somebody else's sound recordings in the advertisement and the radio show.

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
Application
I will follow this law by not discriminating against anyone about their age and race ect. As this short
film is viewable by all members of the public as long as parental guidance is used for younger
audiences.

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
I will not break this law as I will be using my own materials for my Short-film as it will be scripted by
me and recorded by me.

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
I will not break this law by not using explicit language in my Short-film as I will be following the
classification published by the BBFC and our short-film will be rated PG.

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
I will not break this law as I will ask for permission to record my short-film in the classroom and the
Hallway and the college as whole.

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.
Application
This law will not be broken as In the short-film there will be no information given on someone's
personal life as the characters are fictional.

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.
Application
This law does not apply as I am using fictional people for my short-film. This will not affect my
reputation as the people used are fictional and libel wont be used as i am not making any false
statements especially about someone to damage their reputation in the short-film.

Ethical constraints
Ethical constraints are linked to what is morally right and wrong, however, it is not a legal
issue which means there is no criminal court involved. Ethical constraints are heavily linked
to social standards as social standards are basic morals of what is right to say or do and
what is wrong to say and do. If ethical lines are crossed by a person or corporation it can
lead to people being offended and could cause harm as well as controversy. Ethical
constraints are associated with media products, media products have to have social
standards and not cause offence, harm or controversy. If a media product crosses the
ethical line it can have big impacts on the company, this can be a bad reputation/ publicity
and they could lose their audience. Complaints can also be submitted to regulatory bodies
for film production.

Our short film will follow all ethical issues in society. This will be done as it can cause harm
and stress to the audience creating controversy and hate. To protect the audience and the
general public as whole, our short film will not include content that is upsetting to watch,
this makes it suitable for everyone. To specifically include we will be protecting under
eighteen who are starring in the film so they do not play any role that is not suitable for
their age and to not make them uncomfortable, this in return protects under eighteen
viewers from watching distressing and unsettling content. Our short film will also not
discriminate against any particular group reflecting race,gender,age ect. This will stop any
harm and offence against anyone.

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