8.3b) Employment & Legal issues in Film and TV

Health and Safety 

The employer must carry out health and safety checks as part of their job so that their employees are not in danger. An example would be ; being able to use equipment safety before hand. The opportunity the employee will have is that they will be able use equipment safely. The threat that the employee can face is if this isn't done to the correct standard, the employee could get hurt. The good thing for the employer is that if there was an accident they will be protected as long as they have done the health and safety checks. However the employer can be sued if they have not followed the health and safety rules.

Equal Opportunities

People should have the same opportunities without discrimination. The employer must ensure that every employee has equal chance of getting a better role. The opportunity the employee will have is that every single one of them will be able to be promoted. However not every single employee will get promoted. The good thing for the employer is that they are in charge of who can get promoted. The threats that the employer might face is that employee might leave the role because they feel that are not being treated equally compared to the other employees.

Equality Act 2010

They are the rules from the law that the employer gets telling them how they must work with their employee. The opportunity that the employee will have is that they will be able to know that the employer will treat them fairly. However the employee might feel that he or she is not be treated fairly frequently this will therefore make the employee decide to leave the job. The good thing for the employer is that they cover themselves as long as they follow the rules. However if they do not follow the rules they can be prosecuted or fined.

Employer's Liability

If an employee is injured at work, the employer has to pay compensation to the employee. They are covered for this by paying insurance. If an employer does not pay this insurance they can face a fine of up to £2,500 for each day they do not have this insurance. The good thing for the employee is that they will know that the employer will pay them compensation if they were to get injured. However the employee might lose money because the employer had not paid the insurance. The good thing for the employer is that they cover themselves as long as they follow the rule.

Employee Rights

A statutory right is outlined by the government which shows the employee what they are entitled to by the law. An example of a statutory right is having a written contract within 2 months of when they start their employment. Some of the things you would see in this contract are details of holiday pay, maternity and paternity pay. A contractual right is made by the company that you work for which tells you your rights which are exclusive to that job. The good thing for the employee is that they will know what they are entitled to. The bad thing for the employee is that they might not like to do something that is in their contract. The bad thing for the employer is that they have to pay the maternity pay for someone that isn't at work. The good thing for the employer is that their employees will be happy because they will be treated fairly.

Belonging to a Trade Union

A trade union is a group an employee can join so that if anything happens to them at work the trade union can help them to resolve it. A trade union in the media industry is BECTU. The good thing for the employee is that they can get helped if they have union.The bad thing for the employee is that they can not get helped if they do not have a trade union.

Intellectual Property

It is to stop someone from someone from stealing your own idea/property. The protection of your creative property.the good thing for the employee is that they will know what they are that their property is safe.The bad thing for the employee is that they is they do not have this their idea could be copied easily. the good thing for the employer is that nobody will be able to copy their ideas.

Copyright/Trademarks

copyright
§  Allows people to own the things they create.
§  To stop other people from copying/reproducing your product.
Trademarks
§  Trademarking is to do with the logos and slogans, Images and texts
§  Companies are trade marked
§  Products are copyrighted

Other Forms of Intellectual Property

Design Rights
Rights to the appearance of a product.
Patents: rights granted to government to stop people from steal/sell your idea for a certain amount of time.

Passing Off

It means when a person copies an idea and claim that it is his/hers idea. The good thing for the employee is that they will know that the once they are allowed use someone else idea they can claim it is his or hers. The bad thing for the employee is that they might not like that someone else copied their idea. The are not really good thing for the employer because they will have to choose which was is his or hers idea.

Race Relations Act 1976:

This act is to try and prevent discrimination on the grounds of race. This Act covers discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions. This act now comes under The Equality Act 2010

Broadcasting Act 1990:

This act’s aim was to reform the structure of British Television. It led to the Independent Broadcasting Authority being closed and it was then replaced with the Independent Television Commission and Radio Authority which are now both replaced by OFCOM. This also led to the creation of Channel 5. Also that at least 25% of the BBC’s Broadcasting is outputted by independent companies.

Obscene Publications Act 1959:

This act was to stop the publication of obscene matter; to provide for the protection of literature; and to strengthen the law concerning pornography.  The act is to stop anything too explicit being shown on TV or radio. The act was amended in 1964 to help strengthen the laws surrounding the act. the good thing for the employee is that nobody will be able to see pornography. however some people may put up pornography. The good thing for the employer is that they will know that the employee will follow the rules

BBFC:

The BBFC are the company who regulate film and video from the UK. They have legal powers to control the specific age ratings for a video or film. Sometimes, they may even reject works if they think it is inappropriate. They make these age rating decisions through public discussion and their own guidelines which are updated every four years. Their aim is to ensure that children do not see any inappropriate material in films and videos. Before someone watches a film they can see the age rating for it and decide whether they will still watch it or not. There are 7 ratings that the BBFC give; U, PG, 12A, 12, 15, 18, R18. The good thing for the employee is that they will be

OFCOM:

OFCOM stands for Office for Communication. They are the company who regulate the TV, radio, video on demand sectors, fixed line telecoms, mobiles, postal services, plus the airwaves over which operate in the UK. They make sure that the people get the best communications and make sure that they do not get scammed.  They mainly work under the Communications Act 2003. OFCOM is funded by grant-in-aid from the government and other fees. OFCOM do not regulate newspapers and magazines.

8.3a) Contractual and Ethical Issues

Contractual issues in Film and TV employment

Full time contract

An average full time job is 35-40 hours. It is a contract that tells the employee how much money they get at the end of the month or week and also what they are entitled to in their job role. It is considered as a career because the employee can get a promotion and work their way up. There are some examples of Film and TV sectors that have full time contracts: Administrative, Financial and also Management. These fit with the definition because every one of the examples is a full time job which means that they need people full time for each project. The opportunities that the employees will get is the  job security but this makes it harder for the employer to get rid of them. The other opportunity that the employee will get is benefits for sick pay. They are also entitled to maternity and paternity leave. The opportunities that the employer get is that they are guaranteed to have full time staff. It makes life easier for the staff because it is a routine where the staff do not get changed regularly. However it costs more money to pay for permanent staff than temporary staff.   

Part time contract

An part time job under 30 hours. It is a contract that tells the employee how much money they get at the end of the week and also what they are entitled to in their job role. It is considered as a career because the employee can get a promotion and work their way up. An example of Film and TV sectors that have full time contract part time contract is: Runner. This example fit with the definition because the runner are not needed everyday and all of the time, it is just certain amount hours. The opportunities that the employee will get is that they can get some experience. Also the good thing is that the part time employee will get the same benefits as a full time employee on their contract. However the employee will get payed little and that they tend to go frequently in and out of the job. The good thing for the employer is that they only pay the runner when they are needed. Also the good thing is that they always have somebody there to serve them. Also the employer will not have to pay much to the runner. 

Fixed term contract

It is a contract which allows the employee to see when they start the job and when they end the job. This is down to the completion of work or a specific date when the contract ends. Every job role in the film industry, such as the Director, Producer or Editor, does this. The reason why everyone in the industry has a contract is because the film will not continue forever because every film has to end one day. The reason why this sector will need to use this working pattern is because the sector will need to hire them for a certain amount of time. For the employee, the good thing is that they get to understand clearly on what their requirements are for their job and that it is flexible. Also the good thing is that the employee  can try lots of places to work so therefore the employee has lots of variety of places to go to. However the employees are not guaranteed to do a specific job role so therefore you would have to wait or try and apply for another one. The employer is in control of these employees and they can get rid of the employees if the institution think that the employee is not competent or for other reasons such as the institution not needing them anymore. 

Agency employment 

They are the people who test their clients abilities and they are also the people who do help you to find a job. There are some examples of Film and TV sectors that have full time contracts: Administrative and Financial. The reason why these fit with the definition is because they have nothing to do with media specific, all they do is find a job for their client. the good for the employee is that their agency take of their workload such as doing such as doing their interview and also get them the job. The employee can get lots of experience for the job they get by the agencies. However the agency will take out a percentage out of their salary. The good thing for the employer is that they can always get someone. Also the agency does hiring for you. Also they can get rid of their client whenever. However they can get poor candidates.

Contract confidentiality

It is a contract which shows a clause within the contract. This tells the candidate to not tell the plot of the story and not reveal any secret. One example would be simply everybody from the film company. This is because they do not want anybody to spread out information. This will therefore protect their idea and their properties. The problem that employee might face is that they have to keep their secret for long time and that they are not used to it. The good thing for the is that they can protect their content. However the institution can lose money if information is leaked and that some people are not trustworthy.

Contract exclusivity

It means when the clients are only working with one company for a period of time because of their contract they have with them. This is mainly to do with people who have signed contract with a film company. the reason is because their are none compete clause, this is because they want their employee to be focus. this means that the has to keep their secret. The threat that the employee would get is that they would not get money for a while. The good thing for the institution is that they can prevent leaks and that the people are focus. the problem is is that it is hard to recruit.

Ethical issues in film and TV employment.

Codes of practice

It is when the government makes law so that the employee are treated fairly. They are rules for the employee of how they must work with their employee. An example of an act is from equality act 2010. As it tells us how the employer must with work with us. the good thing for the employee is that they know that they won't outside the contract. the bad thing is that the employer might force you to go outside your contract. The good thing for the employer is that everyone is getting equal opportunities and they are happy. the bad thing is that they have to be careful of making the right decision and also be careful of what they say.

Agencies policies and procedures

It is people who work with the agencies. An example would be from the BBC act. this is because they show a list of procedures that is exclusively towards their job. the good thing for the employee is that they know that they won't outside the contract. The good thing for the employer is that everyone is getting equal opportunities and they are happy. The bad thing is that they have to be careful of making the right decision and also be careful of what they say.

Emerging social concern and expectation

Things that the country care about. thing that has changed for a group of people. An example would be from the equality act as they say that "fat people should not be discriminated". the good thing for the employee is that they will know that they are guaranteed to get a job. The bad thing is that the employee might still get discriminated anyway. The good thing for the employer is that everyone is getting equal opportunities and they are happy. The bad thing is that they have to be careful of making the right decision and also be careful of what they say.

Representation

It is to do with people that has different background to another. From the equality act it tells us that people should not discriminate each other because of their background. The good thing for the employee is that they will feel safe. However they still might get discriminated because of their background. The good thing for the employer is that everyone is getting equal opportunities and they are happy. The bad thing is that they have to be careful of making the right decision and also be careful of what they say.

8.4) Developing Technologies

Digital

It is a television that send lot of data in a instant. this includes more service for the audience to watch it. there are some example of technologies that does that which is Sky and virgin. The reason why these fits with the definition is because these technologies it allows you to watch lots of programs.the good thing for the audience is that they offer lots more channels, better quality of image, higher quality of sounds. however the bad thing is that there are lots of repeat and that older people may be intimidated by it. the good thing for the institution is that they they can offer more channels and that that can change things a lot. the bad thing is that they will need to create more content.

satellite

it is  a something that sends communication to the TV through there their cable that is from space. there are some example of technologies that does that which is Sky and free sat. The reason why these fits with the definition is because these technologies it allows you to watch through satellite .the good thing for the audience is that it offers literally lots of channels. also it offer more data to come through  and that you do not have to pay for the subscription fee for it. however it is very hard to install. the good thing for the institution is that they can allow smaller company to join in how it cost lots of money to install and that it is hard to install.

cable tv

it is a cable that comes underground  and splits with each other to send communication to different household. there are some example of technologies that does that which is virgin media  BT and talk talk. he reason why these fits with the definition is because these technologies offers things for the tv. the good thing for the audience is that it is far more reliable. however the bad thing is that it can be expensive, lot of repeat. pay largely for the things that you would not use. the good thing for the institution is that they can get a lot more money but however  it cost a lot of money.

interactive

it is a channel that allow to watch additional content from that same channel. there are some example of technologies that does that which are bbc new, bt sport, shopping channel. the reason why these fits with the definition is because it allows you to watch more content. the good thing for the audience is that they do not have to pay extra. it allows niche audience to interact and that it always give you a choice to watch however the bad thing is that it can really take its time. the good thing for the institution is that they can expand their services. however the thing is that it cost lots of money the bbc are thinking of getting rid of the red button and that the only big brand use it.

internet

things that are shown on the internet.there are some example of technologies that does that which are wwe network and also Netflix. the reason why these fits with the definition is because it allows you to buy things monthly. the good thing for the audience is that it is on demand and that it is portable. it will allow you to see variety of shows however not many people now about it. poor internet connection. the good thing for the institution  is that they get nore view. also that they can cancel anyting anytime and that they don't worry too myuch about their rating shows that is being shown. however some people stream it for free so therefore they get less views.

High definition

It is either a film or a TV program has a lot more concentrated images to look at. there are some example of technologies that does that which is Sky 1, BBC, Fox. The reason why these fits with the definition is because these technologies have concentrated images. By having high definition, it allows the audience to see better images, the sound quality is better than the normal sound that you would usually hear. The HD will adapt to the TV well. However some people think having HD is kind of rubbish because it is something that you can watch without HD. Also not everyone knows how HD works and that some HD channels cost money. for the the institution it allows them to increase there revenue. the branding will look really good on them and also that the employer can show off about the product. it also allows them to market themselves. however during the production the money can cost a lot more money. its a incomplete service.

streaming content

means that the audience are concerned about live streaming content. there are some example of technologies that does that which are parascope ,twitch and NBA pass. he reason why these fits with the definition is because these technologies have live streaming.he people who uses live streaming content are able to become more engage because the audience feels that they are part of it and that it allows the audience to interact with each other live. It also allows the audience to share it live so you don't have to pay for it. It is portable but they need internet. Also not many people will have the signal to watch it. the good thing for the institution is that it allows them to interact live . the broadcaster will get the message across of live videos. you can share links live.it is so much cheaper and that it allows them to see the mediate account of audience that is watching it.

demand

On demand. they let the user to see things for certain amount of time. there are some example of technologies that does that which is Sky on demand and bbc i player. The reason why these fits with the definition is because these technologies have things on demand. The good thing for the audience is that it allows you to watch it anywhere. It also allows you to use different devices and it generally allows the audience to watch thing on it. However the bad thing is that it has additional cost and that it needs certain technology to use demand technologies. the good thing for the institution is that it allows them to expand their service and that it is always a way of getting more money. the bad thing is that they not everyone has it.

digital recorder

It is a physical hardware that records shows. There are some example of technologies that does that which is Sky plus hd and also virgin. The reason why these fits with the definition is because these technologies records shows. The good thing for the audience is that it allows you to watch it anywhere. you can fast forwards about things and that there is always an instant replay. the good thing is that it is easy to use. however the bad thing is that there are spoilers on the internet and that it is not a perfect system holder. the good thing for the institution is that they can get more money through by it and that institution can watch it anywhere. the bad thing for the institution is that they cannot watch everything in one system.

pay per view

pay per view is something that you could watch live on the TV. An example of technologies that does that which is the box office. The reason why it fits with the definition is because these technologies allows people to watch pay per view. The good thing for the audience is that it allows you to watch it live. also you get replay on demand. however the bad thing is that paper per view cost a lot of money because it is very rare. also you must have shy box to be able to watch it.also there is no refund if the paper per view is totally rubbish. the good thing for the institution is that they can get more money through by it. the good thing is also they can watch it again and that also they can advertise a lot . they don't include exclusive production.