1. Contracts within TV& Film Alex Diplock

2. Bibliography I got my information from these websites; http://media3.bournemouth.ac.uk/profstudies/3medialaw/02acts.html http://uk.practicallaw.com/4-107-6577 http://stakeholders.ofcom.org.uk/broadcasting/guidance/programme- guidance/bguidance/ http://stakeholders.ofcom.org.uk/broadcasting/guidance/programme- guidance/bguidance/ http://www.channel4.com/producers-handbook/media-law/other-laws-affecting- broadcasting/obscene-publications-act-1959 http://www.channel4.com/producers-handbook/media-law/other-laws-affecting- broadcasting/obscene-publications-act-1959 http://en.wikipedia.org/wiki/Obscene_Publications_Act_1959 http://www.legislation.gov.uk/ukpga/Eliz2/7-8/66/section/1 http://en.wikipedia.org/wiki/Race_Relations_Act_1976 http://www.legislation.gov.uk/ukpga/1976/74 https://www.gov.uk/how-to-register-a-trade-mark https://www.gov.uk/intellectual-property/trade-marks http://www.legislation.gov.uk/ukpga/1988/48/section/1 https://www.bectu.org.uk/about http://bwglaw.co.uk/library/employment-law/employee-rights/employment-rights- act-1996 http://bwglaw.co.uk/library/employment-law/employee-rights/employment-rights- act-1996 http://www.flexibility.co.uk/flexwork/general/age-discrimination-2006.htm https://brackenstockley.wordpress.com/2012/10/25/media-law-confidentiality/

3. Types of contracts The media industry is constantly changing and can be fairly flexible. This means that contract workers are more flexible than any traditional job. The most common contracts within the media industry are; Full-time, permanent Part-time, permanent Fixed-term and freelance Shift work Office hours Irregular and anti-social Salaried On completion

4. Confidentiality This contract is based upon the principle that a person who had been given information whether it be with a script of who is cast within the TV/film that they should not take unfair advantage of it. The main reason a confidentiality contract is to be used in injunction with the preventing a breach of confidence banning the publication of confidential information. A media organisation to which a business commercials secrets are leaks could be successfully sued if it publishes these, unless it has a defense. There are three elements to a breach of confidence: the information must have ‘the necessary quality of confidence’; the information must have been imparted in circumstances imposing an obligation of confidence; and there must be an unauthorized use of that information to the detriment of the party communicating it.

5. Exclusivity. An Exclusivity agreement is used to ensure that a party/company is used to make deals and negotiations on behalf of their client in return the client will sing a contract stating that they will work with them alone for a set period of time.

6. Employment legislation Employment legislation refers to all the different types of employment measures such as health and safety, equal opportunities, employers rights, trade unions and copyright.

7. Health and Safety Health and safety is one of the most important responsibilities for an employer especially for one who are in control of the premises and facilities. In the TV and film industry the health and safety act is can change and are set by the investor or client, producer, production company, contractor, designer, supplier, facilities company or studio.

8. Equal opportunities The equal opportunities act is to ensure that employers don’t discriminate their employees on the status of their private lives. This act includes: Sex/ lawful sexual activities/ sexual orientation/gender identity Pregnancy status Physical or mental impairment Race, religion or age Physical features Marital/parental or career status Breastfeeding Association with a person identified with one of these grounds.

9. Employment Equality (Age) Regulations 2006 The employment equality (age) regulation came into effect in October 2006. It’s the UK’s response to the European directive on Equal Treatment within a work place. This act does the following Ban any discrimination procedures in recruitment on the grounds of age. This applies to anyone whether they are young or old. Out-law workplace benefits that are age related Prevent training provision discriminating on grounds of age Ban unjustified retirement ages below 65 Give workers approaching the age of 65 the ‘right to request’ to continue working beyond this age. Retirement is kept under review after the official retirement date: employers must give at least 6 months notice of their intention to retire the employee, and the worker has a continuing right to request to continue working.

10. Employer’s liability This is an compulsory insurance all employers should have in place to insure against liability for injury or disease to their employees. All employers are responsible for the health and safety of their employees while they are at work. Employees may be injured at work or they, or former employees may become ill as a result to their working conditions during their employment within in your company. This insurance enables the employer to meet the cost of compensation for you employees’ injuries or illness whether they are caused on/off site.

11. Employee rights The employment rights act came into effect on 22 August 1996. It sets out the statutory employment rights of workers and employees. If these rights are breaches the Employment Rights Act gives the employment tribunal power to order compensation to workers and employees. The Employment act covers; The right to receive a written statement of terms and conditions of employment A right to not be unfairly dismissed Maternity rights Redundancy provisions, including rights to redundancy pay Statutory minimum notice period for dismissals and reason for dismissals Protection of wages Protection from suffering a detriment in employment Time off work for public duties.

12. Belonging to a trade union The trade union is a group of workers whom have come together to achieve a common goal and protecting the integrity of its trade by improving safety standards, achieving higher pay and benefits such as health care and retirement. BECTU is the UK’s media and entertainment trade union: the sector they cover are broadcasting, film, independent, production, theater/arts, leisure and digital media. These services include; Negotiating pay, conditions and contracts with employers Personal advice and representation for individual members Advice and representation on health and safety Benefits and services for BECTU members Training support and courses Networking events and career development opportunities Union journal, Stage Screen and Radio, published six times a year.Stage Screen and Radio, published six times a year. Website designed to improve access to the union's advice and support

13. British Board of Film Classification (BBFC) BECTU is the UK’s media and entertainment trade union: the sector they cover are broadcasting, film, independent, production, theater/arts, leisure and digital media. These services include; Negotiating pay, conditions and contracts with employers Personal advice and representation for individual members Advice and representation on health and safety Benefits and services for BECTU members Training support and courses Networking events and career development opportunities Union journal, Stage Screen and Radio, published six times a year.Stage Screen and Radio, published six times a year. Website designed to improve access to the union's advice and support https://www.bectu.org.uk/about

14. Intellectual property Intellectual property or IP is a legal term that refers to something that was physically created by you. Intellectual property includes music, literature, artistic work, discoveries and inventions act. People who know their right and are under the intellectual property are granted certain rights, the most common ones are copyright, patents and industrial design rights.

15. Copyright The copy right act allows the creators control over media rights and decide how their brand is distributed. You automatically get copyright protection when you create: original literary, dramatic, musical and artistic work, including illustration and photography original non-literary written work, e.g. software, web content and databases sound and music recordings film and television recordings broadcasts the layout of published editions of written, dramatic and musical works You can mark your work with the copyright symbol (©), your name and the year of creation. Whether you mark the work or not doesn’t affect the level of protection you have.

16. Trademarks The trademark act 1994 means that any sign capable of being represented graphically and is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark consists of words, designs, letters numbers or the shape or packaging of goods. Once you have registered you are able to take legal action against anyone who uses your brand without your permission Put the ® symbol next to your brand- to shows its yours Sell and license your brand.

17. Legal Race Relations Act 1976 The Legal Race Relations Act 1976 was established by the parliament to prevent acts of 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. Racial discrimination is on the grounds the he/she treats that other less favorably then he/she would treat other people

18. Broadcasting Act 1990 The broadcasting act 1990 is responsible for promoting and regulating the new cable industry. This act required for ITV franchises to be put up for sale and to be awarded partly financial grounds, they also requested that ITV’s new franchises were to give 25% of their productions to independent producers. It was also stated that the independent television commission setup to regulate all TV services in the UK, with the only exception being the BBC.

19. Obscene Publications Act 1959 The Obscene Publication Act applies to cover material and television which is obscene, to a persons possession or its published or broadcast. Obscene means ‘likely to deprave and corrupt’ its audience due to its context of sexually explicit material also drug taking and violence material. This act is more likely to apply to research material rather than material transmitted.

20. Ofcom Broadcasting Code Ofcom is a government approved regulator and competition authority for broadcasting and telecommunications for the United Kingdom. Ofcom license all UK commercial television and radio services. The broadcasters must comply to the terms and conditions of the license regulations. The Ofcom broadcasting code covers 10 main sections these are; Protection of under-eighteens Harm and offence Crime Religion Impartiality and accuracy Elections Fairness Privacy Sponsorship and commercial references