This document provides information on contractual, legal, and ethical obligations in the TV and film industry. It discusses the different types of contracts involved in pre-production, casting, locations, and post-production. It also covers confidentiality agreements, exclusivity contracts, employment legislation regarding health and safety, equal opportunities, and employees' rights. Intellectual property such as copyright, trademarks, and passing off are defined. Ethical codes of practice and emerging social concerns are addressed. Finally, the document discusses various UK laws including the Race Relations Act 1976, Broadcast Act 1990, Obscene Publications Act 1959, and the roles of the British Board of Film Classification and Ofcom.

1. LO 3 Understand Contractual,
Legal and Ethical obligations in
the TV & Film Industry

2. Useful sites
• file:///C:/Users/csecular/Downloads/low-pay-no-pay-2010-1-.pdf
• http://tallismedia.weebly.com/level-3-unit-8.html

3. Try to define the following terms with the
person next to you- 2 minutes to discuss!
• Contractual
• Legal
• Ethical

4. Detailed but no waffle!
You must discuss
contractual, legal and
ethical issues in BOTH TV
and Film
Give actual case studies
from real Films and TV
shows that have faced
these issues
Assessment Criteria

5. Types of Contracts
Pre-production:
This is the time frame in which the project is in its developmental stages. This is when casting, script writing,
getting rights, etc. all take place. Contracts here are usually about gaining rights to music, and having actors
and actresses sign up for roles.
Casting:
This is getting a crew together for filming. Many actors and actresses sign contracts where they play a character
for a certain period of time, like signing a contract for 15 episodes of a show, at which point when they leave
the show, they can renew the contract, or the writers will write up they died off screen or something along
those lines.
Locations:
Gaining the rights to film in certain locations. If the creators of the show/film what to film in a crowded train
station, they will need rights to film there or they may suffer heavy fines.
Post-production:
When the editing process begins. This requires editors and such to add in the music, special effects and etc.…

6. Confidentiality
Confidentiality is a agreement between parties to keep ideas for a new project under keep. This is too prevent others from
taking ideas, but in order for such an agreement to occur, the ideas produced must be proven to be worth keeping a secret in
the first place. This is referred to as a non-disclosure agreement, and must be signed before writing scripts and filming begins
as to guarantee the secrets will be safe during development.

7. Case study
• http://www.mirror.co.uk/tv/tv-news/star-wars-force-awakens-stunt-
5860720 summarise the recent confidentiality contract for Star Wars
The filming for the new Star Wars film is under tight wraps as even the actors had escorts ensure they don’t discover secret
rooms and if an alarm goes off, everyone dons hooded robes. You can only get in after signing a 20 page confidentially
agreement, even the stunt double for Adam Driver, Toth Gyuala, has no idea what happens in the film despite the fact he's
worked on it for half a year. The actors have code names and are constantly asked by security guards for confirmation of their
identity and were not allowed to take scripts home with them.

8. Exclusivity Contracts
Say you want to make a film based on a popular book series, you can purchase the rights to produce the movie
in the future if you can successfully convince the other party you can make it work. This applies to films and TV
shows, such as Game of Thrones, but actors have their own contracts based upon this.
Actors sign contracts and are bounded by them until they expire or under special circumstances. For example,
an actor might sign up to play a character for 3 films, and as such they must play that character until the
contract expires, then once it expires the actor can then decide if they’re done with the project or renew the
contract.

9. Case Study
• http://www.theguardian.com/media/2014/jan/30/bskyb-five-year-
deal-exclusive-rights-hbo-tv-catalogue

10. Employment legislation:
Health and Safety
Health and safety is a right given to all employees that ensures their well being.
“The Health and Safety at Work etc Act 1974 (also referred to as HSWA, the HSW Act, the 1974 Act or
HASAWA) is the primary piece of legislation covering occupational health and safety in Great Britain. The
Health and Safety Executive, with local authorities (and other enforcing authorities) is responsible for enforcing
the Act and a number of other Acts and Statutory Instruments relevant to the working environment.”
Taken from http://www.hse.gov.uk/legislation/hswa.htm
If crew members do not feel that they are in a safe environment, they most likely will not sign a contract to
work on the project, this is especially true for stunt doubles, as they won’t do the stunts unless theres very
little risk of severe injury or death.

11. Equal Opportunities
Protected characteristics is information such as age, gender, and others that requires you to not take these into
major consideration when hiring, for example, you can’t turn down an 19 year old who wants a management
job for the sole reason that everyone they’ll manage is older. This means you can’t use stuff such as gender and
age as excuses for not giving them the job they applied for.
This means that no matter the age, race ,gender, or religion, everyone who applied for the jobs only have their
skills to go off, giving everyone an equal opportunity.

12. Employment equality (age)regulations 2006
• It is unlawful to discriminate, harass or victimise job applicants,
employees or trainees on the grounds of age (young or old).
• Direct discrimination occurs where the employer treats a job
applicant / employee / trainee less favourably than he treats or would
treat other persons unless he can objectively justify that treatment. It
includes discrimination based on apparent age whether or not that is
in fact the correct age.
http://www.compactlaw.co.uk/free-legal-articles/age-
discrimination.html

13. Exemplar Quotes

14. Meryl Streep has spoken out against the ageism and
sexism she has encountered in the film industry.
The Oscar-winning actress was speaking at the London
opening of her new film, Doubt.
Asked whether she had come up against discrimination in
her career, she said: 'Yes, of course there is ageism in the
film industry. There's discrimination in every profession.
http://www.dailymail.co.uk/tvshowbiz/article-1120302/There-
IS-ageism-film-industry-Veteran-star-Meryl-Streep-doubt-
it.html

15. Employers Liability
This is somewhat like health and safety, but deals more with letting a young person (considered
under 18) know more about the risks, and often lays out a risk assessment in case things do not go
according to plan, such as there being heavy downpour at a filming location and it makes the
location dangerous by flooding lakes or rivers, a backup plan would be filming a different scene at
an alternate location, or holding out on filming until its declared safe.

16. Employee rights
Employee rights deals with the previously aforementioned health and safety and employee liability.
All members of the crew should get breaks and nourishment, if they fall ill and cannot make it to the
set, you cannot dock their pay or fire them just for something out of their control. The general jist of
it is that all employees are to be treated with respect and care, and if something bothers them, try
your best to make a compromise.

17. Belonging to a trade union
A trade union is a group of employees who discuss many things such any concerns
they may have about the employer, and keeping their interests at heart.

18. Intellectual Property
• Go to http://www.wipo.int/ip-
outreach/en/ipday/2014/ip_and_film.html and summarise the key
facts about IP in film
• This should show a variety of types of intellectual property as it is
mentioned twice in the brief!

19. Copyright
• Give a definition
• Case Study: Copyright on YouTube and Flickr
Use YouTube and Flickr as examples of copyright - how Flickr automatically gives you copyright to your images but how the “Instagram Act” may mean if someone shares
your photo and doesn’t reference you as the ‘author’ you may lose your copyright protection. And how on YouTube members of the general public find themselves infringing
copyright regularly:
EFF’s guide to YouTube removals due to (amongst other things) copyright infringement:
https://www.eff.org/issues/intellectual-property/guide-to-youtube-removals
YouTube’s advice on “How copyright claims may affect your video”:
http://support.google.com/youtube/bin/answer.py?hl=en&answer=2818443
More YouTube copyright:
http://www.worldlawdirect.com/forum/copyright-trademark-patent/55012-youtube-notification-email-video-removed-copyright-infringement.html
Video advising how to stop your video being removed:
http://www.youtube.com/watch?v=8PBKs1ws2S8
Flickr and Copyright:
http://blog.flickr.net/en/2011/05/13/at-flickr-your-photos-are-always-yours/
The “Instagram Act”:
http://www.newstatesman.com/technology/2013/04/instagram-act-under-fire-treatment-copyrighted-works

20. Trademarks
• Give a definition
• Use YouTube’s trademark as an example - look at the “Guidelines to
using YouTube’s trademark” below to help you:
https://developers.google.com/youtube/branding

21. Passing Off
• “a misrepresentation made by one party which damages the goodwill
of another party. In most cases this will be achieved by one party
passing off the other party’s goods or services as those of their own.”
http://www.inbrief.co.uk/intellectual-property/passing-off.htm
• http://www.simkins.com/news/jsbbrandissuesfilmandtv/ go to the
link and summarise what passing off in TV and Film looks like

22. Ethical: codes of practice
• https://en.wikipedia.org/wiki/Ethical_code go here and make a
summary in your own words
• https://www.gov.uk/government/uploads/system/uploads/attach
ment_data/file/350320/T25_CoP_workers_film__tv_01-2014.pdf
read and summarise

23. policies and procedures
• http://www.bbc.co.uk/corporate2/insidethebbc/howwework/policies
andguidelines have a look at BBC’s policies and write a report of your
findings

24. emerging social concerns and expectations
• http://standards.creativeskillset.org/standards/animation/714_ensur
e_compliance_with_legal_regulatory_ethical_social_requirements
read the required standards for managers of creative industries in
terms of their emerging concerns and expectations

25. representation e.g. individuals, groups, religions,
issues
• Ethnicity Case study:
http://www.theguardian.com/film/2014/aug/05/hollywood-fails-to-
represent-ethnic-diversity-study-usc
• Regional case study:
• http://www.bbc.co.uk/aboutthebbc/insidethebbc/whoweare/publicp
urposes/communities.html

26. Legal: race relations act 1976 (and later
amendments)
• http://www.legislation.gov.uk/ukpga/1976/74/contents go to the
webpage and make a summary of your findings
• http://www.dailymail.co.uk/news/article-511981/BBC-race-law-row-
advert-zany-Asian.html case study opportunity

27. broadcast act 1990 (and later amendments),
• http://www.screenonline.org.uk/tv/id/1107541/ summarise your
findings

28. obscene publications act 1959 (and later
amendments)
• http://www.channel4.com/producers-handbook/media-law/other-
laws-affecting-broadcasting/obscene-publications-act-1959
summarise your findings

29. British Board of Film Classification (BBFC)
• http://www.bbfc.co.uk/about-bbfc make a summary of what BBFC do

30. Ofcom
• http://www.ofcom.org.uk/about/ make a summary of the job of
Ofcom