8.3b) Employment & Legal Issues in Film and TV

Health & Safety Act 1974

This is where the employer has to protect their employees from any harm they could face on the job. They could face a malfunctions with the props or something wrong with the set design that could end up harming someone, people getting harmed on set can happen multiple times in the film and TV industry, such as equipment could drop on someone, or people could fall from high places, such as camera operators might fall from filming cranes or helicopters, also some areas where a camera operator is told to film might be dangerous, as their could possibly be falling rocks, or toxic plants in the area that might harm the employee and could harm the camera in the process. An example from a document is a quote that says "These cover a wide range of subjects, including control of asbestos at work, diving, escape and rescue from mines, ionizing radiation and working at height." With this act, this would help protect the employees from bad designing in the pros and/or set designs, the employee should feel safe at all times, even though there might be some danger in the process.An example from a document is a  This is relevant to TV and film because any sort of accidents could happen to the cast or crew in the production. This affects the employee because if they get injured, they will be unable to work and this could put their job at risk, but by following this rule they know that they will be safe from harm in the workplace as their employer will try to protect them at all times. This affects the employer as well because they could potentially get sued by the employee, and the employer could lose money, and with this act, some employees, might not want to film in certain locations, since they might think its too dangerous to film in, and by following this act, the employer has to respect their choices, and it could seem unfortunate as they might need to pick another place to film. The employers will be more careful with their employees, by doing this, they will gain the employees trust, and will be seen as a better person by other people since they will know that the employer cares if their health and safety, this helps the employer gets their employees trust and that means that they can work together more better, and that would lead to the work improving.

Employers Liability 

Employers liability is when the employer have the responsibility over the employees health and safety during the work hours, this is done a lot in the film and TV industry as the employers try their best to take care of their employees or face a lawsuit. Employers have to give a minimum of compensation if employee is ill or injured. An example from the document is a quote which says "Employers are responsible for the health and safety of their employees while they are at work. Your employees may be injured at work or they, or your former employees, may become ill as a result of their work while in your employment."  In the film and TV industry you can see this act being done through the productions because jobs such as set designers and camera operators are usually entitled to this act. When an employee gets injured, they will get compensation, this compensation could seem convenient to the employee as they will still earn money, even when they get injured. Employees are allowed to have the right to clam a lawsuit against their employer, when they get injured since the employer is following this rule, the employee still gets injured, which leads to a lawsuit being made between the two. Every single employee, will have insurance for employers liability, and nobody will  be left out when they get injured, and will still get compensation from their employer.

Equality act 2010

The equality act is when the employers have to treat everyone in the workplace fair, and the same as one another no matter what type of person they are, and it is when employees and employers go against discrimination . This covers Race, sexual orientation, disability, religion or belief, transsexual etc. This is done in the TV and film industry, in news stations as most news reporters seen are often female news reporters, rather than male news reporters. An example from a document is a quote which says " The equality act is now being done in some news stations, as before they used to discriminate female news reporters in news stations, but now in news stations" Now in some news stations, both genders are starting to be treated equally.The employees will always be able to feel respected by others, since if everyone is treated equally, they will all respect one another, especially by the employer, this will make the employee feel more comfortable around their workplace, and the employer cant fire the employee for racial reasons, as they need an actual reason to fire someone rather than a reason that is biased. Even though this act must be done at all times, the employer might not always follow the act, and discriminate some employees, this will make the employee feel like the are not treated right, and will feel unsafe and unappreciated in the work place. By treating someone with respect, the employer gets respect back from their employees, this helps gain relationships with the employees, by gaining their respect they get to know more about them, this would lead to more work getting done, because if everyone feels joyful in the work environment, more work will be done and in a good manor. 

Equal opportunities 

Equal opportunities is when everyone is payed the same amount and given promotions regarding who they are. They are able to access promotions and the same amount and the same amount of pay if they are doing the same job. In the TV and film industry, everyone is given equal opportunities such as in film studios, everybody is given an equal chance to have promotions, no matter what gender,race,ethnicity, etc they are. An example of this in the film and TV industry would be a runner because even though their job is not as high ranked as others, they still get respected and still have an opportunity to get a better job. Being a runner is a very good job for an employee that wants to get into the film and TV industry, because they still can get a good job while not facing prejudice people, and not being judged by others while making contacts with people within the industry so they can find a job. With equal opportunities, every employee will be able to achieve the job that they want, the same as others, and will not be denied for biased reasons. Because of the fact that they treat people of all kinds, fairly, people around the world would want a job at that workplace, which would leave less jobs for the employees who live near the workplace to get a job, since other people keep applying for jobs, it will make it more unlikely for them to get one. Since there will be so many people asking for jobs, it can be frustrating for the employer, as they have to keep track on all these employees, that want jobs, as there might be too many to handle. By giving everyone an equal opportunity to get a promotion, the employer will get some employees, that will look up to them, which would make the employees want to work more, this makes the employer more confident, if there are employees that will work more, that leads to more money being made for the employer. By paying all the employees a fixed amount of money, the employer will always know how much money they lose, and wont be confused if they lose more than expected. 

Employee rights

Employee rights is when every single employee in the workplace is promised that they get certain things, such as not being discriminated by others, holiday maternity, paternity pay, etc. Employees get the rights to access more from others but sometimes it is not always guaranteed. with this act in mind, it helps people stop things, such as filming others in the workplace, as they are known to have their own boundaries, and this act helps prevents discrimination in the workplace. The employer has to promise their employees something and keep that promise, so they cant back out on a deal after they made it. In studios, the employees are promised employee rights as they are promised to get things just as maternity/paternity pay, this helps all employees and employers, as it is will make the employee feel like they can trust their employer, because he/she keeps promises, they will know that they are someone that they can trust, by doing this it makes the employees more comfortable in the work place, and if both the employee and the employer trust one another, this will make both of them confident when doing the work.Even though this can be very convenient for employees, it is not always guaranteed, so sometimes they don't get the certain things that they want, which could seem unfair for some employees.By using this act, the employer will always have some employee wanting something from them, and asking for certain things, which could get annoying for the employer. 

Trade Union

A trade union is something that is  made up of people in a work force to want to protect and make the workplace a better environment to be in. They talk about employees pay and conditions and discuss major changes in the workplace. An example from a document is a quote which says "trade unions try to develop close working relationships with employers. This can sometimes take the form of a partnership agreement between the employer and the trade union which identifies their common interests and objectives."  An example of a trade union would be BECTU who are a trade union by the UK, who are the entertainment trade union, and do quite a number of things, such as negotiating with employees, and help give advice to them.

Intellectual Property  

An intellectual property is where someone has the ability to legally protect their ideas and inventions from other people who might want to use it for their own purposes. The people that use this method will have their own financial benefit. This includes Patents, copyright and trademarks. An example from a document is a quote which says IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create." These are used in film studios such as Dream Works, as they copyright their films, so nobody can steal them for their own use

Copyright

Copyright is one of the types of Intellectual properties that someone can place on their ideas or inventions. This prevents people from stealing others ideas, while having a copyright on it, by doing that, they will face a penalty for their actions.  An example from a document is a quote which says "There is no need in the UK to register copyright.  When an idea is committed to paper or another fixed form, it can be protected by copyright.  It is the expression of the idea that is protected and not the idea itself.  People cannot be stopped from borrowing an idea or producing something similar but can be stopped from copying." Copyright is often used in film studios such as Warner Brothers studios

Trademarks

A trademark is  another type of intellectual property. Trademarks are used through a brand name with a  logo, and the trademark symbol being in the corner in small print. By using a trademark symbol, It helps protect it from people trying to claim your idea. An example from a document is a quote which says "A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods" Some producers put trademarks on their films, so nobody can claim the ideas for their own, which is very similar to copyright, but with a symbol. in studios such as ITV use the trademark symbol to protect their products.

Other forms of intellectual property 

these are other types of intellectual properties. it is when the government is set their own right on a product for a specific amount of time. By doing this it would not allow other people from making, using or selling an item that has a patent on it "a government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention." These are used by film and TV show producers, so they can make sure nobody will take their ideas for their own use.

Passing off 

Passing off is when somebody steals someones else's idea and claims it for their own, an example from a document is a quote which says " Passing off serves to protect the 'goodwill' i.e. the reputation attached to existing goods or services. Where a party uses a mark, get-up or trade dress similar to an existing product resulting in confusion as to origin among consumers then that party may be liable to a claim of passing off where this is likely to cause damage to the rights holder." This act  is done by film producers, but has also lead to people being sued, due to ideas being stolen.

Patents

 A patent is basically another kind of intellectual property. This is where the government set a license of their own, on a product for a certain amount of time. This would make sure that others will not be making, using or selling an item that has a patent on it. an example from a document is a quote which says "A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention . An invention is a solution to a specific technological problem and is a product or a process. Patents are a form of intellectual property" Patents are used in tv producers, such as ITV, so that they can protect an idea or product, from being copied by another person.

Race Relations Act 1975 

The race relations act is a law that made it illegal to treat someone different from other people in the workplace, mainly because of the skin color or racial background, by doing this law, the employer protects their employees from discrimination by their race or nationality. This act is done in multiple types of workplaces, such as in offices, studios, etc, In the film and TV industry, discrimination about race, often happens in news stations, as there are a lot of news stations that discriminate some news reporters and other people by their race, a big example would be "FOX NEWS" as they constantly discriminate people by their race. gives them a better name if they treat all races the same. 

Broadcasting Act 1990

The Broadcasting act  is meant to deregulate, causing channels to appear such as channel 5 and ITV. Independent companies would hire the cast and crew for a production. They would do 25% of the production. An example from a document is a quote which says "The Broadcasting Act 1990 is a law of the British parliament, often regarded by both its supporters and its critics as a quintessential example of Thatcherism." This act has been done by the BBC so they can hire more cast and crew for their production.

Obscene Publications Act 1959

Obscene Publications Act is to protect the people watching TV from anything inappropriate, like swearing or pornography. An example from a document is a quote which says "The Act created a new offence for publishing obscene material, repealing the common law offence of obscene libel  which was previously used, and also allows Justices of the Peace  to issue warrants allowing the police to seize such materials"  this act is used by the BBFC as they make sure what kinds of TV and Films are supposed to be watched by a certain type of person, and states them related to their content.

British Board of Film Classification (BBFC)

The British Board of Film Classification is an organisation that is not owned by the government that rate films into seven different categories such as, U,PG,12,15,18 and more, they do this because they make sure what types of films should be watched by a certain type of person, such as how films rated U or PG can be watched by children, but films that are rated 18 can only be watched by adults. In cinemas you will see films with categories on them rated by the BBFC, which means if you are under the age limit, that the rating means, you cant watch the movie. In the film and TV industry DVDs are all rated by the BBFC, as you will always see a symbol by the BBFC on every DVD. 

OFCOM

OFCOM which means Office of Communications is a communications regulator. They regulate mobile phones , TV, postal services and telecoms. an example from a document is a quote which says "Ofcom has wide-ranging powers across the television, radio, telecoms and postal sectors. It has a statutory duty to represent the interests of citizens and consumers by promoting competition and protecting the public from harmful or offensive material." OFCOM licences TV programs and radio programs in the UK  and the producers must follow the rules, or will have to face their program being taken down. 

8.3a) Contractual & Ethical issues

Full time contract 


Full time contacts is known as a type of career, it also pays you every hour, these types of jobs are typically better paid than normal jobs, as you get more money. A type of job that contains a full time contract is an accountant and an example of a job that relates to the film and TV industry, would be a news reporter or a camera operator, who are given full time contracts, so they can help produce something for the TV and film industry, the reason why they would have full time contracts, is that they are needed all the time by their employers, and are expected to work there for a wide amount of time, because if they are making a film or a TV show, they need to be there at all times, so that the TV show or film would be finished quicker and they have to do their part in making it. People who have full time contracts, they are allowed to have sick leaves whenever they feel ill, and they are allowed job security, which makes them sure that they have a job, and can do the job that they want, such as a news reporter, and get the job when they ask for it. Employees who have full time contracts are promised maternity and paternity leave, which is when either a man or woman has a baby, they are allowed to leave to deal with the baby. With full time contracts, the employer can access help from people whenever they need it, but there is a lot of disadvantages for the employer, such as they need to pay people even when they are not there, which means that you are wasting your money, when you would rather want to pay people when they are actually there. Employers have trouble getting rid of employees with full time contracts, as the contract lasts for a wide amount of time, they have to wait till that contract ends, till they can actually fire them, which will take a very long time, this can be very frustrating for the employer, as there might be very bad employees, that don't work well, but the employer has to wait till there contract finishes till they can fire them.

Part time contract

Part time contracts is when employees are on a flexible shift pattern, that runs throughout the weeks, where they can be able to check in and out, they work for a limited amount of less than 30 hours a week. An example of a job that is related to TV  and uses a part time contract, is a runner which is a job where people have to run around, taking care of things, such as, making/serving drinks and do whatever they are told, they get experience of what it is like in the media industry, as they work less than 30 hours a week, they are not needed all the time. By being a runner they get to know more about the TV and Film industry and could end up later be getting a better job in the TV and Film industry, such as being a camera operator or even being a director. By getting a part time contract, the employee wont have much work to do, which means you will need to get multiple jobs to earn the right amount of money. The employee has a lot of advantages when it comes to part time contracts, such as, they pay for the amount of work needed, which is not a lot of money, and this means that the employer will have more money when they get their employees. With having employees that have part time contracts, they are there whenever you need them to do something for you, which can be very convenient for the employer.

Fixed term contract

A fixed term contract is a type of contract that has a fixed length of time, such as a contract starting and ending on a certain date and time. An example of a job that related to the TV and film industry is that editors work for a fixed term contract and the work will be able to fit around their personal life, which is very useful for them. Everybody in the film industry has a fixed term contract, such as the producer, actor, animator, etc. The reason why they all work on a fixed term contract is because they are all working on the same project, so it would make sense that they all have the same kind of contract. This could be very useful as you could simply just get someone when you actually need them, and you can hire people for a fixed amount of time. This is the main reason why employers do this, as it can be very convenient and saves money. Fixed term contracts can be very useful for the employee as they could take time off whenever they want to, this would let them be able to work in different places, giving them a variety of choices of jobs. If one person doesn't finish a certain job that they were hired to do by the end of their contract, this will make the product unfinished and wouldn't be good for the employer as they might need to hire another person to complete the job. This could be very confusing because they wouldn't be as familiar with the product as the previous worker.

Agency work

Agency work is when you have people that find work for you , it is where you work for 3 months,
and are entitled to no payed holidays, and no holidays at all. Admin jobs and finance jobs are examples of jobs that do agency work, mainly because they are jobs that are media specific jobs, and they have jobs somewhere that are found for them to work for. The employees always have someone that is looking for a job for them, which is very convenient, but also, they do not get the same amount of benefits as other workers, which can seem a bit unfair to the employee, the employee also will get a lot of experience of what it is like in the media industry, as they will have help from people to guide them and they will know more about what it is like, so that they can improve. The employer does not need to worry about recruitment as they are able to always get someone when they need them, by simply just calling them,  they can also get rid of people and fire them, whenever they want, which makes it seem like they are more in control.

Contract confidentially

Contract confidentially is when you sign a are told that you have to keep things secret, you are told not to leak out secrets to a film or TV show such a spoilers, and everyone in the film and TV industry is related to this, and has to never tell secrets. The employees have tp not tell secrets, so that people cant copy the film before it is out, and protect the property, which will make the company more successful. All the employer needs to do is keep the secret for a while, and they need to be able to be very trustworthy, so the employer needs to be careful on who they chose to give this important information to, since if the information about the film or TV show leeks, the whole film or TV show would be ruined for the viewers, and they will probably not watch it, if they already know the details. If the information does leek, the employer is allowed to arrest the person that leaked the information, but sometimes you are not always sure on who released it, and even if you do, that does not change anything, as the information is already leaked, and they will lose money with all the people not watching.

Contract exclusivity

Contract exclusivity is when an employee will have to agree to not work, for any similar companies that are like the company that you already worked for. Examples of jobs that are related to contract exclusivity would be every person in the film industry, they are are all have to sign a contract that will make them agree that they wont work for any similar companies. People in the film industry have to stick to the contract, so they cant leak out any type of important information that is from a certain company, to another company that is similar, that would lead to the previous company losing money, if they do tell people secrets and details about a company that they signed a contract to, they will face a lawsuit, and would possibly go to prison. The employees that sign these types of contracts have 90 days of work, but when those 90 days are over, even if they don't resign with the company, they cant tell anything to anyone about that company or they will face a lawsuit, and also they can only work for one company at a time, which it says on the contracts. Employees can be hard to recruit, since you cant really trust anyone with specific information about your company, which can be trouble for the employer, as they might not get that many employees to work for them, or if they do employ someone that leaks information, other companies will get more money, and their company will lose money.

Codes of practice

Codes of practice is a type of document that says the law that the government use for the employer, while hiring an employment. An example of this would be from 2.8-2.9 where it says that the company should make the adjustment to make the workplace fit employees with disability. They do this because, by doing this everyone that is in the workplace is protected from discrimination, and wont have to face it while working, it also lets the employees have their own rights, so they can feel respected by others. The employees have a lot of advantages when it comes to codes of practice such as, they get more freedom to do what they want, which means they wont face discrimination from others, and also they all have an equal opportunity to achieve the same things, but the thing is that not everyone sticks to this rule, as it is not guaranteed, and some people could still discriminate you.

Agency polices and procedures

Agency polices and procedures is a physical copy by a company when they outline the institution code of ethics. On the BBC policy it says on the sixth paragraph, that they do not know a lot about the ethics of the industry. Some employees tend to not trust the BBC as they have their own policy, and the employee might not agree with that policy. The ethical policy might not be up to standards for the government,  which means that the employees may not trust the BBC industry, which is a  problem for the BBC since if the employees don't trust the BBC, that means that they wont work for them, which

will lead to the BBC having a lack of new employees and lose money.

Emerging social concerns and expectations

Emerging social concerns and expectations is when peoples issues change, and employees have to take consideration into other peoples gender, disability, racial background etc. the act 1.27 says the changes in the law about discrimination to other people. By using this in the workplace, the employees wont have to fear from discrimination for their beliefs, race, gender, etc., and as disabilities, racial backgrounds and genders, seem important to the majority of people in workplaces in ethical, most people will follow this rule to not discriminate, and everyone will have to know about the ethical change that is made by the government.

Representation

 Representation means what involves someone's nationality, social background, race, religion, and others of the employees, which is seen by the governments code of practice. These aspects about the employee, are employee are appreciated and respected by the employer when they hire new employees, and could possibly need someone to take a roll such as a camera operator, so they could make a film. When the employee's aspects are respected by everyone in the workplace, they will feel safe from being discriminated  by others, and they wont be judged, because everybody will respect all the aspects about them, as the would do for others.  By having everybody respect one another, everyone in the workplace will feel equal to one another, which makes the workplace a more positive place to be.  Since the workplace will seem a calm and friendly place to be for employees, more and more employees would want to work for the employer, so the employer gets a lot of employees to work for them, which does two things, gets more work done, and earns more money. By hiring people of a range of different ethnicity, the employer will be respected by others, which gives them a better name, and also will let the company expand with people around the world, as they would want to work for the company as well, if there is a range of people working there already, they would want to feel respected too.