Contractual, legal and ethical


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Contractual, legal and ethical

  1. 1. CONTRACTUALA contract of employment is between a employer and the employee in whichthey both set out their employment terms of right, responsibilities and duties.There are different kind of contract employment such as long term, short termand fixed term. However in the media industry there usually use a differentcontract aswell as a contract they are known as confidentiality and exclusivity.Confidentiality contract is the companys privacy protection. For example anactor or anyone who is involved in films/tv company that know of their storylines or know any privity information in the company have to disclose it from thepublic so they dont give it away. If it is let out by a certain person, they are eitherfired or fined or both. Also the injured party that the information was from hascause to claim a breach of contract and can seek injunctive and monetarydamages. Exclusivity contract is where two more companies come to a dealwhere one of the companies is helping another out so by buying exclusive from aseller. In a tv and film case, im going to use the example of LOVEFiLM signs multi- year exclusive contract deal with sony, this type of deal was so that sonypictures could stream off LOVEFiLM for there own films such as the socialnetwork and salt so that it has streaming rights which is known as secondsubscription pay TV window. LOVEFiLM also have deals with entertainmentone, which has rights for films such as twilight saga. This type of deal is allowingother companies to stream off LOVEFiLM as they have the movies that everyoneenjoys.EMPLOYMENT LEGISLATIONEmployment legislation refers to all types of employment measures such ashealth and safety, equal opportunities, employers liability, employee rights, tradeunions and copyright. Starting with health and safety, the most important healthand safety responsibilities comes down to the employer involved and who are incontrol of the premises and facilities. The health and safety roles in film and tvindustry come down to the investor/client, producer, production company,contractor, designer, supplier, facilities company or studio. The equalopportunities act is to ensure that the employer doesn’t discriminate theemployees grounds of statuses of private life. These things include:Sex, pregnancy status, physical or mental impairment, race, religion, age, industrial activity (eg,belonging to a union etc), lawful sexual activity/sexual orientation (who you sleep with), physicalfeatures, martial, parental or career status, breastfeeding, gender identity, association with aperson identified with one of these grounds.If any of the above is broken then the angry parties have to file for a compliantthe EEOC and present evidence of the offense. This is a civil proceeding sotherefore it is not a criminal proceeding. The employers liability act compulsoryinsurance, deal with the health and safety of an employee in a result claimcompensation, this act ensures you have the minimum level of insurance to coverthe claim. Employers’ liability insurance will enable you to meet the cost ofcompensation for your employees’ injuries or illness whether they are caused onor off site.Public liability insurance is different. It covers you for claims made
  2. 2. against you by members of the public or other businesses, but not for claims byemployees. While public liability insurance is generally voluntary, employers’liability insurance is compulsory. You can be fined if you do not hold a currentemployers’ liability insurance policy, which complies with the law. Theemployee’s right all consist of pay, minimum wage, employment conditionscontract, time off and holidays, flexible working and working hours, sickness andcompany takeover, these are the employment right acts rules in whichcompanies have to ably from. The trade unions purposes are to protect andimprove peoples pay and conditions of employment. They also campaign forlaws and policies, which will benefit working people.Trade unions exist becausean individual worker has very little power to influence decisions that are madeabout his or her job. By joining together with other workers, there is morechance of having a voice and influence.All sorts of jobs and industries arecovered by trade unions. Some unions represent people who do a particular jobor work in a specific industry - for example, the National Union of Journalists(NUJ), as its name suggests, represents journalists, and the Union for FinanceStaff (UNIFI) is made up of people who do different jobs in the financialsector.Other unions include a mixture of people in different jobs and sectors. Thebiggest unions in Britain - the GMB, UNISON and the Transport and GeneralWorkers Union (TGWU) represent people working in a range of differentoccupations and industries in the public and private sectors. Often this isbecause unions have merged with other unions so that they can increase theirmembership and their influence. Copyright act, this law gives out creators ofliterary, dramatic, musical, artistic works, sound recordings, broadcasts, filmsand typographical arrangement of published editions, rights to control the waysin which their material may be used.The rights cover; broadcast and publicperformance, copying, adapting, issuing, renting and lending copies to thepublic.In many cases, the creator will also have the right to be identified as theauthor and to object to distortions of the individuals work.ETHICALEthical obligations are about the issues that industries embark on such asmorality exploitation, sensationalism, offensive material and privacy, howeverare not usually enforced on by the law. The BCAP code, this code come into forceon 1 September 2010. It replaces the four previous separate BCAP Codes forbroadcast advertising. It entitles to all advertisements this includes teleshopping,content on self-promotional television channels, television text and interactivetelevision advertisements. There are 11 codes of the BCAP there consist ofcompliance, unacceptable product and services, harm and offence, children,medicine, treatments, health claims and nutrition, finance and investment. If anyof these are broken or intact the CAP are able to inclose on the advertisementand sue the company depending on how far the rule has been broken.
  3. 3. POLICYPolicy is very high in the film and TV industries. For example the BBC policy arehigh on the policy for advertising, children protection, decency and the TVwatershed. The BBC broadcast its own shows, and therefore when it comes toadvertising they do not permit to carry advertisement or sponsorship on itspublic services. This keeps them independent of commercial interests andensures that they can be run instead to serve the general public interest. Thechild protection on the BBC, they work with many children every year and withChild Protection Policy it ensures staff to support the BBCs commitment tosafeguarding the welfare of children and young people under the age of 18. TheBBC are very strict on the decency and tv watershed and have strict guidelines tofor dealing with issues of taste, sexual matters, violence and strong language.REPRESENTATIONThe BBC is constitutionally established by a Royal Charter. An accompanyingAgreement recognizes its editorial independence and sets out its publicobligations in detail.The BBC Royal Charter says that they must represent avariety of cultural, religious and other backgrounds: representing the UK, itsnations, regions and communities, the Trust must seek to ensure that the BBCreflects and strengthens cultural identities through original content at local,regional and national level, on occasion bringing audiences together for sharedexperiences; and promotes awareness of different cultures and alternativeviewpoints, through content that reflects the lives of different people anddifferent communities within the UK. This represent can consist the BBC oneshow ‘songs of praise’ as its telling us to bring people from different culturestogether and to experience there culture and to know how to deal with peoplehaving different cultures.LEGALThe Broadcasting act is a law of the British parliament. The aim of the Act is toreform the entire structure of British broadcasting; British television, inparticular. An effect his Act was that, in the letter of the law, the television orradio companies rather than the regulator became the broadcasters, as had beenthe case in the early (1955-1964) era of the Independent Television Authoritywhen it had fewer regulatory powers than it would later assume. In television,the Act allowed for the creation of a fifth analogue terrestrial television channelin the UK, which turned out to be Channel 5, and the growth of multichannelsatellite television. It also stipulated that the BBC, which had previouslyproduced the vast majority of its television programming in-house, was nowobliged to source at least 25% of its output from independent productioncompanies.The act has sometimes been described, both as praise and ascriticism, as a key enabling force for Rupert Murdochs ambitions in Britain.