Sam Salameh

Vibe Productions: Understanding the creative media sector

LO2: Understand the legal and ethical constraints
LO3: Understand the regulation of the media sector

Understand the ethical and legal constraints with in the media sector
1.

In order to get the job you are required to understand the following within the media sector your have
chosen. During the interview you will be asked to hand over a written document containing information on
the following aspects of your area.

Video recording act

Copy Right law

Why is it important within your industry:

It is important for a few reasons, firstly so you dont get into trouble by
using other peoples creations without giving credit or the right payment.
That is technically stealing from the curator and can lead to a lot of trouble
and problems down the line. If you use clips in editing that belong to other
curators and you dont have the rights to use them the curator could
become angry as their time and effort has been put into it and they are
getting nothing back. It is important as it helps protect your creations and
puts boundaries in place so people cannot misuse them, this is very
important in film, as the law helps keep the film safe from piracy and in
editing it helps secure the editors integrity as they are not using other
curators material.
What is its purpose?
Its purpose is to protect curators who dont want people profiting off their
work, without permission or a share of the profits. It also helps protects
editors work, if an editor edited a part in a film no-one else can take it.
Who does it protect?
The law protects all types of curators, from literacy like song lyrics and
manuals. Too film footage and photography. In film editing there needs to
be boundaries on whose work you are using, for example editing involves a
lot of different sounds scores and effects. Copy right law protects the
creators of those sounds, so permission has to be gained before the editor
can use that sound in the film, same for different movie clips and effects.
For example if an editor wanted to use the sound of a lion roar, they would
have to the permissions to use the roar or find a roar that is un-copyrighted.
What happens if it is broken?
If they law if broken there is different ways people will deal with it, normally
the curator will strike the company or production that has used their
creation and file a copy right suit against them. This will normally end in the
company or production paying royalties to the curator as payment. In film
this is normally the action that will take place, but this rarely happens as
film producers and editors are very careful with the material they use. An
example of film breaking copyright is with the film The Hangover: Part 2
with tattoo style being copyrighted.
http://www.deathandtaxesmag.com/217106/filmmakers-who-broke-the-lawto-make-their-movies/
Find examples of when it has been broken and outcome
In film the music score used and any music has to be secured before they
can use it, unless the film used royalty free music. An example of a misuse
of music, was a part of a song from musician Led Zeppelin, in 1903
Zeppelin sued director Abel Ferrara for his 1992 film Bad Lieutenant. In

What is the Films Act?

Importance of ethical issues

Representation of gender

the film Zeppelin claimed that his music was used as a

remix in multiple scenes, the result being all copies of
the film that used the score has to be destroyed. This is
an example in film however there is lots of cases out in
other media like in books.
Why is it relevant to the film industry?
The films act was first introduced to balance out the
British film industry, and was enforced in 1927. It was
done to encourage the film industry in Britain to go out
and try vertical integration so Britain can have something that mimics
Hollywood and all the culture, wealth and tourism it brings. It is relevant to
the film industry as it shows how films can grow and also marked a big part
of film history with its introduction.
Does it help or hinder the industry?
In Britain most argue that it didnt help, but it did bring its advantages and
some perks. First what it did right was start a whole new wave of films, and
way of promotion. It also sparked the creation of studios that are big
nowadays. However the films being produced were very low quality, they
were cheaply funded, rushed and hindered the film industry. Eventually the
act was changed and has now become the film act of 1960.
Use of language
Use of language in media is very important, films are put into age
categories due to its language and nature. With bad language, depending
on what word it is and how socially disliked it is, if there is own mild
swearing the film will be defined at 12+. However if there is constant
swearing throughout the film then the age rating is raised. This limits who
can see your film, so defining how much profanity is used, is normally
defined by the target audience. In other types of media like TV shows, there
is a certain time when adult themes and swearing can be shown and that is
after 9PM. However it still has to be within context and is still giving an age
rating. For example a film like Pulp Fiction being shown on ITV will have to
be put on after 9pm.
Equal opportunities
Equal opportunities is defined to make the film industry fair for everyone,
no matter of their ethnic background, religion, age and sex. This is stop and
counter-act discrimination in the film industry. This is to stop a whole cast of
people in a film being the same and give fair chances to others that have
less than the people not being discriminated at. This also means all types of
people who writes films are all looked at and not discarded because they
are different. This has opened a whole new array of actors, films like
Bollywood films and different ways of creating films.
Encouraging diversity
Encouraging diversity in films has been favoured for years now. Back in the
old days of film racism was rapid and a lot of films refused to hire anyone of
ethnic background, and black people were always discriminated as people
the evil characters in the film. Nowadays people of all diversity are welcome
in film, no matter of physical state, colour or sex. Now in the current day
people of all colours and ages are being used equally. An example of this is
from the new film Annie based on the white ginger orphan is now played
by a young African American girl.
What ethical issues should be considered when producing media in your
chosen industry?
In film the ethical issues in the film depends on the genre and time period.
However the ethical issues in the production of the film matter, for example
which actors are hired. If the period of the film is set in somewhere like
Kenya and the whole cast are white it will spark some problems. Just
purposely hiring someone because they are the same colour as you or
same ethnic background over someone with a different ethnic background
and lifestyle is racist. The film itself also cannot fully favour one ethnic
group, buy this I mean if the film is set so one race is more dominant than
the other due to the time period its acceptable with moderation. But if
during the film racist tones more than needed for the film are used or there
is noticeably less care for a cast member with a different ethnic background
then it is deemed as unethical.
How are men and women represented in your chosen industry?
Men and women are treated very differently in film due to their traits, the
film industry is mostly men heavy, with most lead roles and have 70% of
the speaking in films. Whereas women are mostly used for the lust of men,
and are mainly made out to look revealing, with 26.2% of women being
partially naked in films from 2007-2012. Also only 10.7% of films had a
balanced cast, with half being female, so overall in the film industry it is
mostly male heavy, however more recently (2015) more women are being
cast in films, and there is more films based with a higher cast of women. For
example a film called Pitch Perfect was released with an almost complete
female cast, however 90% of the main cast were also female. This is just
one of the films going in this direction with more directors using women in

films over men equalling it out more for gender

representation.
Are they seen as strong or weak etc.?
In the film industry in most films women are seen as an
object. Something that has to be won through a series
of events, they are mostly made out to seem helpless
and weak and not able to save themselves. In the work
place however, so something that isnt related to the
story of the film at all, women have mixed experiences.
In the past women used to have no rights in the work place, but nowadays
they have just as many opportunities as men however this doesnt mean
sexism in film is complete gone. Many woman have spoken out in the film
industry that they couldnt get a word in against their male co-workers. Also
that most of the times they feel seen but no heard, In an article from
thegaurdian exposed how women felt in film industry
(http://www.theguardian.com/film/2015/sep/27/sexism-film-industry-stories)
An example of women being treated as weak and not being listened to is a
screenwriter called Tess Morris a woman who wrote screenplays and was
constantly being told to change female characters because they were too
strong going. For example she is quoted saying:
Sexism is more in the portrayal of women on screen. When Im told that a
female character is too messy, too rude or crude, I think, why cant a

Representation of religious beliefs

How should men and women be

represented?

Does your chosen industry represent

people fairly?

woman be like that?

Some females in the film industry have gone to great lengths to expose
who women are seen, one big name being Emma Watson who is a big
leader in the feminist movement epically in film. She has no gone on to be
a UN ambassador for Goodwill.
Supported with examples
Examples included above
In film religion is very important, some religions like Islam require prayers to
be carried out at multiple points in the day so the schedule given to people
with different religions needs to be thought through. However in films
religion is important in the way it is portrayed, as films have a big influence
over people and are capable of changing the way people think. A good
example of a film wrongly portraying a religion is in the George Lucas film
Indiana Jones and the Temple of Doom. In the film the religion itself is not
called Hinduism but it is obviously a mirror of the religion, by having the
same type of clothes, being the same colour skin as the majority of Hindus
and the same way of talking and praying. However they then had these
mirror Hindus doing things like eating eyeball soup and sacrificing
women to a fiery red pit, as well as eating monkey brains. In the film is it
especially wrong, to wrongfully portray religions as it then effects their
public view. Not only could the producer or the company get a bad view, or
get attacked by the religion itself, but it can influence racism to the religion
in question, people will begin to make jokes about how the Hindus act due
to the way the film portrays them. Nowadays there are regulations in place
to stop films producing content like this, and protect religion from hate and
racism.
In my opinion men and women should both be presented the same, both
should have the same opportunities in film and only be chosen for what the
role needs. However if the choice for the role in the film comes between
choosing between a man and a woman it should come down to acting
ability, and not their gender. In more current day films gender is more
overlooked and it goes down to acting ability rather than gender, also films
are being made directly including females and males. Films like Pitch
Perfect consist of a large female cast along with a good group of male
actors, also films like The Avengers and other superhero movies are
moving towards having lead female actors.
In the past the film industry didnt use to treat people fairly, only certain
types of people were being hired to act despite their ability. Women were
only being hired to act as an object and be won and not heard. This was
very demeaning to females as it cast them in a bad light as being seen as
needy, women were not the only people being mistreated, black people
were very mistreated. Black people use to only be used as monsters and
the villain of the story, there are many films showing black people being the
bad characters. However nowadays sexism, and racism in films is miniscule
and people in film either being actors, producers or editors are all given
equal opportunities. Films plots can still be based on racism but the way
people are treated are fair. For example a film called 12 Years a slave is
based on the racist times of having black people as slaves, however the
cast is treated fairly and everyone is treated the same, no matter what
gender, colour or preferences.

2.

Explain what the following bodies do and why they are important (choose the
ones related to your media sector only)

Do not just cut and paste their about us page please read it and put it into your own words.
Add links to their pages
Distinction grade learners will find cases

British Board of Film

Classification

Film Distributors Association,

British Academy of Film and

Television Arts (BAFTA),

3.

The British Board of Film Classification is an independent organisation separate from the government,
which gives age ratings to films since 1912. The age rating is defined by the films contents and range
from U for suitable for all, to 18+ which means you have to be over 18 to watch the film,
Full list- http://www.bbfc.co.uk/what-classification
In film the BBFC work towards making sure films are seen by the correct audience and not seen by
someone who could be offended or even scared by the contents of the film. In the past they have banned
films and even cut certain scenes from films so it fits into a certain category, this is done to the film
curators knowledge and if they dont comply then their film could be banned. They are important
because they protect people from seeing mature things that could potential scare or be unethical for a
young child or teen to see. This is normally in horrors where there is a lot of gore and blood, and the BBFC
help protect young people from seeing these films, it helps keep the good name of the film industry and
not cast a bad light on it. An example of the BBFC helping to protect young children, is its review and age
rating given to A clockwork orange which was given an 18+ rating due to its vast violence and potential
to inspire copycat crimes, the film was later taken out of UK circulation.
The Film Distributors Association are an organisation that meet to discuss and speak for the film industry
in the UK. They work towards making the British film industry a better place and help the wellbeing of the
film market. Like in the name, the organisation work for fair distribution, and help the film industry get
noticed. The FDA work towards making films legal and having the correct certificate before release. The
FDA work with British films to help market them and get them seen by the public, it lets all films have a
fair chance of being seen, and also decide what films are suitable for the UK. The FDA is responsible for
releases like that new Fantastic 4 movie that came out in August, despite its bad reviews the FDA
marketed the film a lot to try and get people to go see it, this working but the film got a majority of bad
reviews. More films the FDA approved and distributed - http://www.launchingfilms.com/release-schedule
BAFTA are an independent charity that helps the growth and development of films. Their awards are given
out to those who work in film, and the films themselves that have been of an excellent standard and in
good taste. It is a very important and glamorous part of the media industry as it highlights only the best
part of film. They also offer different workshops and lessons to teach people new skills in media. They are
important as they set role models for film producers and curators to follow on how to make an award
winning good films. It lets people see what the best way is to produce a film and how to stay within the
rules. An example of the BAFTAs highlighting great film is in the 2015 films awards from BAFTA. A well
thought story with great animating and film techniques along with an amazing story is The Lego Movie,
which won the best animated film setting an example of how an animation film should be carried out. For
more winners of BAFTA: http://awards.bafta.org/award/2015/film

Then discuss the issues that these regulatory bodies may face with regard to

Consumer choice

Freedom of information

Censorship

Taste and decency

Deadline: Week starting 14th December 2015

British Board of Film Classification

Consumer Choice
The BBFC have to make sure they have enough consumer choice, otherwise the film industry will become
unbalanced and a massive part of the media audience will disappear. To further explain, if the BBFC
certifies and allows too many 18+ movies to be released at a certain time, there would only be one
market as people who are under the age of 18 would not be able to see it. This would mean adults would

be the only audience and children would have no films to watch. This would cause a
huge loss to the UKs media industry as its biggest audience comes from teenagers, and
cutting them off would be a huge loss. That is why the BBFC have to make sure there is
a balance of films for all age groups, otherwise the industry would be upset. An example
of a film that came under fire for its content and sparked controversy with the BBFC is a
British made film Attack the Block which focused on a young gang of boys trying to
survive being attacked from aliens. The film ended up being classed as a 15 but people
and members of the BBFC argued it should be higher. The film included swearing which
was high for a film and scenes that came across with quite a lot of gore that was also small drug use.
Under the rules the film fit into the 15 age category, but people continued to argue that its content was
more of an 18 rated film, due to its violence and drug use. However in the end the BBFC released it as a
15 along with an explanation.
Freedom of information
In the BBFC freedom of information is important as it allows film curators to see why their films have been
given a certain age rating. If the BBFC chose to give a film an 18 rating, and the film curator inquired why
but the BBFC refused to tell them, it would be breaking the freedom of information act. This would cause
issues for the BBFC and would cast them in a bad light, the FOI act allows curators to see the process of
why their film has been given a certain age rating and allows transparency to a public company. This
allows films to argue their case and see the process it goes through to being assessed, for example a film
can be sent in, the producer might think it is worthy of being a 12 age rating, but it comes out to be a 15.
The producer can then ask for the facts to why it has been given a 15 age rating and the BBFC have to
agree. Otherwise they could be in legal trouble as it is the law of open information. An example of a film
that had a bit of controversy with its rating, is a film called Broke Back Mountain which came under fire
for it homosexual scenes and the age tag that came with it. The film had scenes that exceeded the age
guidelines for sex scenes in a film, and got moved from a 12A to a 15. The original plan was to have the
film released as a 12A, and the BBFC released why this couldnt be the case.
Censorship
With regards to censorship the BBFC has a lot of power, if something in a film goes over the guidelines of
the age group it could end up being censored from the film. This can normally be the case in children
movies, if something in a movie aimed at children exceeds the guidelines of a U or PG it will most likely be
censored. This is to stop the whole film from being re-done and protect the audience of children watching
it. This could actually also be for older age groups as well, for example it is very rare for a film to have full
nudity and if it does, it is normally censored. Also remarks could be cut from the movie, for example if
something is said in the movie that is highly offensive it could also be censored. This can cause issues for
the BBFC as some curators can argue that it takes away freedom of speech, and that the remark or scene
in question is needed for the movie. An example of this happening, is way back in 1931, with the film
Frankenstein which had scenes of a little girl being drowned cut, and the scenes with that little girl were
censored from children. (http://www.bbfc.co.uk/education-resources/student-guide/bbfc-history/19121949)
Taste and decency
A film being in good taste and be decent can often refer to its age rating, more rude and controversial
scenes will be in 18+ films minimum 15+. However the BBFC have to monitor the taste of a film and how
it could offend people, for example if there is a number of homosexual remarks in the film it could become
distasteful and no longer fit the film itself. The BBFC work to make sure that films have the right to
make its own content, but make sure it is not over the top and no longer become about the film, this
applies for all different types of situations and the BBFCs role is to maintain the film industrys decency.
An example of the BBFC doing this, is with a 2006 film called Love + Hate which had an interracial
relationship included with the while boys family being highly racist. This needed to be considered as
people could complain about the stereotypes that all while people are racist and had to keep the racist
remarks and jokes in the film in good taste, so it didnt go over the top and stuck to the films agenda.

Film Distributors association

Consumer Choice

The FDA works to release and market films being released in the UK, like the BBFC they work to keep a
balance in the film industry and make sure one part is not overly used, like the creation of 18+ films and
no children films. The FDA have a big part in this as they work to market films, and they can make it so
one film is more prioritised than another. What I mean by this, is that if there is a huge rise of 18+ films
being made, compared to only a handful of PG films then they can balance out the market. They can
make it so they distribute the films correctly and fairly making sure both groups of film have the same
recognition and the PG films are not drowned out by the 18+ films. For example if you look at this months
UK released from the FDA, there is a good balance of 18+, 12A, PG and U films, giving the consumer
multiple choices of films. This is what the FDA work towards, in the past there has been issues with too
many types of film being released, for example people have been complaining about all the attention
being on Superhero movies, and the FDA then worked to make sure the UK had other genres of film for
the consumer to watch. http://www.launchingfilms.com/release-schedule

Censorship
The FDA again like the BBFC have the power of censorship, anything that doesnt seem
in the best interest of British Public and could in fact be offensive or worse can be
banned from viewership. The FDA itself isnt the main censor, the FDA has more
responsibility to do that. But if the FDA reviews the film and its content is not right for
the public the FDA will choose not to release it. The FDA cannot ban the film overall, but
it can refuse to endorse it and therefore hinder its success. An example of a film being
stricken from the UK viewing is a film based off the murder case of a young child, called The Good Son,
the film was seen as un-needed and the release was poorly timed. The FDA saw the film and decided with
the best interests of the UK public that it shouldnt been seen. Especially as one scene had a child
dropping a pacifier over the edge of a bridge and causing a car crash and it was in concern the prank
would be reacted.
Taste and decency
The FDA meet at multiple times of the year to discuss the film industry, this includes the type of films
being released and their impact on the public. The FDA work to maintain the good name of the UK film
industry and this includes keeping films in good taste and having a good level of decency that the
industry requires. So when the FDA are reviewing films to endorse and release they look for the ones that
are in good taste to current trends and way of life. For example if there was a film that had been cleared
but included a lot of homosexual remarks it might not be in good taste. Due to the high number of
homosexual people and how open it is in the world, it will most likely offend more people than it would
entertain. Therefore the FDA would step in and either delay the movie or not release it with full marketing
if at all. An example of a film not being in good taste was a movie by producer Michael Bay, with a new
release of Teenage Mutant Ninja Turtles that was so over the top that it wasnt in good taste, and the
decency of the film was low.
Freedom of Information
When a film has been rejected by the FDA, they are required by law if asked to explain why their result
has come to be. Many films are sent to be authorised and each one that is rejected had a reason. This
causes issues as the curators of the films believe they are being suppressed and their creations are being
hidden because they are different. Whereas groups like the FDA fail to authorise certain films because
they feel they could damage the film industry and the main aim of the FDA is to protect it. An example of
a film causing controversy for its content is a very recent movie called Hate Crime which was incredibly
racist, rude, and extremely offensive. It was openly said to be banned for its horrific nature and will not be
seen in the UK.

British Academy of Film and Television Arts (BAFTA)

Consumer Choice
The BAFTA organisation gives out different awards for all parts of the media and they are very renowned
for its popularity. The BAFTAs are a huge part of the media industry as they highlight the greatest parts of
film from the past year. However they have to have a wide choice of awards in all different sectors to fit
the consumer. Some people may favour only a certain type of film, or a certain actor so the BAFTAs
respect the consumer and give out awards in all different sectors. For example if someone only likes the
drama genre there is a section for Best Drama. Or if someone prefers the actor than the film itself, they
can vote for Best Actor. The BAFTAs also offer workshops to help those in the media industry, and they
offer a wide range of courses to satisfy a wide range of people. They do this to make sure they reach a
wide section of their customers giving them the best consumer choice. An example of how wide of a
range BAFTA has, on their website they list the winners and categories, they have a catergory for the best
documentary and it ranges from that to the best costumes. http://awards.bafta.org/award/2015/film

Freedom of information
When the BAFTAs announce winners, they have to release why, this is because people could complain
with their own personal opinion on who should have won. So when a film which was an underdog or an
actor which has more fans loses people get upset. Therefore people are allowed to enquire to why that

film lost out and BAFTA will explain why. An example of an actor losing out, which is
complained about a lot on social media, is Leonardo DiCaprio. A huge actor who is very
popular but is yet to win a BAFTA, this causes a lot of controversy as people complaining
he should be winning. So BAFTA explain why the best actor when to someone else, due
to the freedom of information act. http://www.imdb.com/name/nm0000138/awards

Censorship
The BAFTAs are watched by millions of people, a lot of them being teens and children, this means the
show has to remain a PG or U rating. This is hard as the show is live, so they actors are under strict
instructions to behave well. They also when showing clips from films that have won have to be cautious to
what film they show, if the show a scene from the film that is rude or includes swearing or adult scenes
then they cannot show it. They had a problem when Stephen Fry used foul language during the live show
and many people complained, this led to further censorship of his words due to the high amount of his
bad language. http://www.theguardian.com/media/2015/feb/10/stephen-fry-baftas-swearing-bbccomplaints

Taste and decency

Since the BAFTAs are very prestigious and looked up at, they have to maintain a good reputation. This
means only nominating films that have been in good taste and well done throughout the year. If they
nominate a film that hasnt had a lot of effort and continuity errors on it, it could tarnish the reputation of
the BAFTAs. That means the BAFTAs have to look at the top rated films and actors from the past year
and review their work before being nominated. They also have to keep the decency of the show on par,
much like Stephan Frys overused bad language effected the decency of the show. They can have
problems if this starts to lower as then people would not treat the BAFTAs awards as well as they do and
it could lead to the award being looked down upon. The same goes for their courses and workshops as
they have to make sure the classes are of good standard and teach what they are promised.