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.