This document discusses several legal issues related to creating and distributing corporate and promotional programming, including:
- Copyright, which protects original creative works and ideas. Scriptwriters must avoid plagiarizing others' work.
- Bias, censorship, watersheds, libel, and plagiarism, which scriptwriters must consider to avoid legal or ethical issues when portraying people or ideas.
- The Equality Act of 2010, which prohibits discrimination based on characteristics like age, disability, gender, race, religion, sex, and sexual orientation.
- The Obscene Publications Act of 1959, which aims to protect viewers, especially children, from obscene content.
- The roles of regulatory bodies
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1. Understanding Codes, Conventions and Current Practice in Corporate
and Promotional Programming
Legal issues
1.
Copyright: This allows the creator of their own work legal rights to protect and
control where their work goes. This is especially important when you are writing a
screenplay. If a story is originally you're own idea and is stolen you are allowed to
prosecute against them if you are covered under copyright otherwise you have no
control over if you even get payed for your original idea, however most work is
copyrighted as soon as it is created. "The current copyright legislation in the UK is
the Copyright, Designs and Patents Act 1988."
Your work is usually protected for the type of work you
created, such as poets work is protected until 70 years after
their death. Usually scriptwriters use sites online such as
thescriptvault.com. The cow animation (see plagiarism for
more detail) may seem as if it is protected by copyright,
but in some cases, it isn’t the case. A case involving a short
video of a man dancing which showed him moving in
unnatural ways, an advert agency then went to use a similar idea. The man sued for
copyright but could not go through as copyright does not cover ideas, only if it was
a direct copy would it be taken into account. So therefore, no copyright infringement
was taken into account and can apply to any work a creator has done. In our
corporate video, we made sure we didn’t make a video which copied any of the
other examples of corporate videos we came across, however that is very hard to not
do similar things as simple corporate videos can usually follow the same format.
Although, we did have a original, true story to follow which made us not too worried
about copyright in general.
(https://www.bbc.co.uk/copyrightaware/what-is)
(https://en.wikipedia.org/wiki/Copyright)
Bias: Bias occurs when a story or event is portrayed, usually in the news, which
involves prejudice or inclination to sway an audience to think in one certain way. The
BBC are inclined to keep their news stories unbiased and as factual as possible
without preference for certain political party's etc, however sometimes that can be
impossible. In screenwriting, they must be careful as to how they portray certain
2. ethnicity and cultures as to not stereotype
which can cause legal and ethical implications
within the story especially within factual
portrayals. However, some bias is necessary
such as in WW2 documentaries where Hitler is
portrayed as the bad guy. In our corporate
video, we tried not to stereotype the council
as anything, but doing its job for evicting
people so tried to just tell a story unbiased.
(https://en.wikipedia.org/wiki/Media_bias)
Censorship: "the suppression or prohibition of any
parts of books, films, news etc. That are considered
obscene, politically unacceptable, or a threat to
security." In the UK we have the BBFC (British Board
of Film Classification) where they review films and
either label them with a classification such as PG,
12A, 18 etc or ask for scenes to be edited out of a
film. Each country has a different classification and
therefore some films may be banned in certain countries. Same goes for TV shows
such as Skins in America had to be remade as the scenes where of actors under the
age of 21. A script writer would have to assess whether the guidelines are followed
and/or suggest (with the director/producer) what the rating of the film would be. In
our corporate video, we made sure to keep it U rated, which was very easy as all we
had to do was get people to talk about gardening, we did not have to censor our
corporate video and did not have the BBFC reviewing it as it was not a film.
(https://en.wikipedia.org/wiki/Censorship)
Watersheds: Watershed in the UK is usually at 9pm, they protect children from adult
content such as nudity, violence or inappropriate language. 9pm watershed allows
the UK channels to play adult
programs from 9pm onwards till
5:30am. Horror films such as
Halloween or Deadpool would be
shown after watershed as it is above
a 15 rating and has graphic content.
When Script Writing for a show such
as Doctor Who, which plays before
the watershed, a writer must ensure
that they keep their content safe to
3. watch. In our corporate video, watersheds did not come into play as we were not
putting the video on TV nor did it contain inappropriate language or violent etc.
(https://www.ofcom.org.uk/tv-radio-and-on-demand/advice-for-
consumers/television/what-is-the-watershed)
Libel: Libel comes into play mostly when writing factual content, it occurs when false
information or fake news is stated in films, news or show which may damage
someone’s reputation. A script writer must walk a fine-line between it when
exposing truth about political
figures or celebrities and must
have proof to back it up to avoid
legal allegations. A corporate
relation would be for a show such
as Sherlock where a character was
supposedly based off of Jimmy
Savile due to his likeness and
crimes he had committed. ‘just like
Savile, he “sort of owns” a
hospital, which is where he carries out his atrocities, largely uninterrupted by staff
who are bullied into turning a blind eye to his disturbing behavior by a man who has
their livelihoods in the palm of his hand and is seen by millions as beyond reproach.’
The co-creators make no reference ever to Savile which is why they do not have Libel
against them, but the shadow of their similarities still loom ever the episode. In
corporate video production representing others in a negative or disrespectful way
could damage careers so when we worked with MESH we made sure to make them
seem as kind and considerate as they were, such as ‘no foul language’, no bad or
negative words were said about them as they were essentially our employer. Or even
the council who evicted people with under-standard gardens, we made sure to not
create a negative view point on them and solely focused on MESH.
( https://www.radiotimes.com/news/2017-01-12/the-shadow-of-jimmy-savile-looms-
over-sherlock-as-it-introduces-a-diabolical-and-disgusting-new-villain/ )
Plagiarism: This is when someone copies or uses someone else's work without their
consent, adding them as a source and claiming the work is your own. This can cause
lawsuits or even prison time. Script Writer much be cautious when dealing with
plagiarism and use materials or websites which help check if you have plagiarized
something. A viral cow video sparked some debate as a freelance animator created
an animation with cows dancing. And McDonalds seemed to have copied the
4. animator, this is plagiarism however due the ad being created in Argentina and the
animation being created in the UK it would be too expensive to sue McDonalds and
more complicated. We did have to think about plagiarism in our corporate video as
we had to make sure we were not copying any other corporate videos original ideas;
this was easy to combat as it was a true story.
( https://www.technollama.co.uk/viral-cow-video-copied-in-ad-campaign-but-is-it-
copyright-infringement )
2.
The Equality Act 2010 allows others to be treated equally in employment in public or
private services, ‘regardless of the protected characteristics such as age, disability,
gender reassignment, marriage and civil partnership, race, religion or belief, sex, and
sexual orientation. It is an act of Parliament of the United Kingdom and can only be
held within the UK, however there are many EU countries with a similar act. In
October, 2010 the UK decided to mix all the other different acts (such as as the Race
Relations Act 1976 and the Disability Discrimination Act 1995) and decide to mash them
into the same act, it replaces the previous legislation and helps create consistency in
order to make a fair environment and comply to the law. The Equality Act has come
into play in corporate videos when a BBC presenter states he was sacked due to the
corporation wanting more woman and diversity. This violates the code because they
are discriminating against a person due to their race, ethnicity and gender.
5. (https://www.theguardian.com/media/2016/oct/02/bbc-presenter-jon-holmes-the-now-
show-sacked / https://www.lawsociety.org.uk/support-services/advice/practice-
notes/equality-act-2010/)
3.
The Obscene Publication Act 1959 is an act set in place in the United Kingdom and
relates to Obscenity and to amend the law relating to the publication of obscene
matter; to provide for the protection of literature; and to strengthen the law
concerning pornography’. It was put into place as to protect obscene content from
younger eyes and to allow it to be supervised. It can be problematic in media due to
it being widespread online such as on YouTube, so therefore is hard to contain and
manage and also main media can be spread cross-country where Obscene Laws can
be different such as in the US a person under the ages of 18 not 16 cannot be seen
in an obscene way.
4.
The BBFC and Ofcom are both
responsible for television and film
regulation and making sure if the content
which is produced is appropriate for
viewers. Ofcom makes sure viewers are
protected from harmful or offensive
material and if anyone is being treated unfairly or having their privacy invaded in TV
and Films. BBFC helps to organise films based on classification and the age of which
viewers are able to watch certain content, they are an ‘independent, non-non-
governmental body which has clarified cinema films since it was set up in 1912 and
DVDs since the Video Recordings Act was passed in 1984’. This relates to this unit as
corporate videos don’t always have to be classified, but when they do play adverts
on TV they have to play adverts that are appropriate to the viewer so for example
‘Doctor Who’ watchers its before 9pm watershed so the adverts must be child-
friendly and under 12A. However, after the watershed adverts which are more adult
are able to be played, but they do have to be regulated by Ofcom if they are able to
be released to the public.
(https://www.gov.uk/government/organisations/ofcom )
6. Ethical issues
1.
Representation in regard to people, places and events are every important and we
need to watch what we put out into the public and how we represent everyone. We
have to consider the way we handle certain sensitive topics such as Race, Gender
and Sexuality. Stereotyping and discrimination are big things that come in to play,
there are different acts such as the Equality Act
which provide guideline for us, we all went to
the Forum for the Film Festival where they had
a panel talking about equality and diversity in
the industry. An actor called Antonio Akeel was
on the panel and talked about his experiences
with type-casting and how he has been asked to
be a Muslim Extremist and he explained that he
had no experience and could not relate to the characters as he felt it was putting his
looks and character into a box. He stated he wanted to play different roles such as a
role a white man could play and that there were no stereotypes as being the ‘villain’
in the industry.
(https://www.norwichfilmfestival.co.uk/events/2018-events/screen-equalities-diversity-and-inclusion-
panel/)
Current practices
Equipment:
• Camera (Canon 700D most likely), a good quality
camera with 720p or 1080p will impact on the
overall aesthetic of the video, a better-quality
camera, a better-quality video/film.
• Tripod (fluid head for a smoother tracking shot),
these help with the smoothness and steadying of
certain shots to make a video clearer and more
professional.
7. • Microphone (zoom and rode mic), these allow for better and clearer audio
focusing on what the actors or people in the video say. Usually a rode mic or a
boom works for directional outside audio, and a Lapel Mic allows for clearer audio
for loud areas.
• SD Card (a few just in case one has too much storage), a card of 16GB or bigger
works to keep a good amount of storage to hold your clips you have recorded.
• Batteries for the camera (spare), in case your camera runs out of charge.
Extras:
• Reflector, to emphasis a person’s features, redirecting light
towards the person ie. an interviewee or character. This can
make them look warmer on gold side of the reflector or
cooler (blue-ish) on the silver side.
• Sliders allows for a smooth left to right track or pan. Can be
used for up and down tracks/pans.
• Jibs, operates like a see-saw, a weight on one
end and a camera on the other. Allows the
camera to move in an arc like motion capturing
above eye-level footage. Usually mounted on a
tripod or support. Can be moved side to side or
up and down.
• Gimbals are used as stabilisation for cameras
and any other video equipment to make sure a
shot is not shaky. There are two versions of
stabilisation systems, mechanical and motorised.
Mechanical is weighted and motorised seems
floats in the air and stay in the same space unlike
a mechanical where you control the cameras
movements and position.
(https://en.wikipedia.org/wiki/Jib_(camera)
https://en.wikipedia.org/wiki/Gimbal#Film_and_video)
Formats and distribution:
To distribute videos, there are many different places you could go. Online is very big
at the moment so big corporations such as Youtube or Snapchat have a big effect on
what you are advertising or making public. This reaches a wide audience as is more
8. likely to be seen, but some people use ‘old-fashioned’ DVD’s or BluRay which is still
a big market for video. Amazon prime is another example of a film and video
distributors where you can buy DVDs, but also digital copies.
Common shooting methods:
• Establishing shot, a wide shot, setting up the context of a scene,
showing the relation between objects and the figures.
• Rule of thirds (interviewee on left or right side of the camera), a
guideline which is used to draw the viewers eye into the
composition instead of just peering at the centre.
• Lighting in background of interviewee, to brighten up the shot
and make the character seem brighter.
• If rule of thirds is not used then the interviewee must look directly
at the camera.
(https://en.wikipedia.org/wiki/Establishing_shot )
All corporate/ promotional videos should begin with:
A Brief should be given to the company or person you are working for, in our mesh
project we were able to ask what Julie wanted with the video and able to tell her
what our plans were, briefing her on what the video would contain and what she
needed to be added. She was very open to new ideas and ways of getting MESH’s
message across and that gave us a chance to explore our avenues.
Pre-production work needed:
• Location Release, you need a location release once you have a location as to not
avoid any legal disputes.
9. • Talent Release, anyone who appears in the film is needed to fill out a talent
release form. There are two different types of release: adult release forms for 18s
and over, and minor release forms for under 18s.
• Location Recce, this allows you to notice the space around you and what objects
are in it for you to work with on a film. If there are any extra equipment needed or
to get an idea of the shots that you are able to take.
• Risk Assessments, risk assessments let you understand the
factors which could cause accidents and helps you take the
precautions to protect not only the actors on set, but the
crew as well.
• Production Schedule, these are so you can plan out when
and where you can film, they give you preparation and
organization for when your actors and crew are free. These
are one of the most essential parts to any film/video making
process.
In our corporate video making with MESH we filled out all of the above, such as the
location was at MESH ‘home base’, the risks were if we were to trip on anything due
to it being outside with uneven flooring and the schedule was mainly one day of
filming for my team at MESH and one day of filming the students in behind the
scenes.