Task
3: Understand contractual, legal and ethical obligations in the television and
film industries
When
companies want to employ staff for whatever project that they are working on
there are a lot of things that they have to consider. For example the company
have to consider the contracts that they would be offering to their staff, the
employment legislation, ethical and legal obligations. There are many reasons why they have consider
these things, some of these things are things that the law says they must do
and the others are just ethical things such as religious issues.
Contracts
A
contract is way for someone to prove that they have been hired by someone else
to help them with a project that they are doing. A contract is usually written
but at times it can be a verbal agreement. On the contract it usually says what
the employee has to do in the job, their responsibilities for example the
cameraman is responsible for what happens to camera equipment, work patterns
and salary.
There
are two types of contract types. One of these types of contract types is a
permanent contract. A permanent contract is a contract that an employer offers
to the employee and what it is, is that it’s a contract that has no time limit.
This means that the employee does not only stay for certain time, they stay
until they finish the job.
The
other type of contact is a fixed term type. This is sometimes known as a
temporary and on the contract it says how long the employee would stay with the
company. Most of the time when a company is making a film they use fixed term
contracts because they usually have a time span of how long it would take for
them to make the movie. On the contract it would tell the employee how long
they have to stay with the company and when the contracts starts and ends.
Confidentiality
Confidentiality
is important in any company because an employee should trust his employers
enough to give them personal information and trust them enough not to do
anything that would harm them to the information. The information that the
employee gives to their employers is usually kept within the company, this
means that the information is not shared with other companies. The information
that the employers have from their employees is usually things such as their
salary, personal information, jobs roles and other things. All of these things should be cleared up when
it comes to the contract talks.
Employment
Legislation
Employment
legislation is a set of rules that was made by the government for employers and
employees to follow when they decide to work in the film industry. This is very
important because it set of rules that they have to follow and if they don’t
then they could be in trouble. The types
of employment legislation are things such as health and safety, equal opportunities, employment equality
(age) regulations 2006, employer’s liability, employee rights and copyright
Health and safety
Health and safety is a very important
when it comes to employment legislation in the film industry. This is because
with health and safety the employer can check that the work place is a safe
place work employees to work. This is because if there are hazards in the
workplace then the employer can get into trouble because the employee can sue
their employer if they get hurt.
Equal Opportunities
It is important that everyone that
apply for a job in a company has to have equal opportunities because if the
employer discriminates anyone in a certain way then it would mean that they
would not be giving their potential employees equal opportunities. If this does
happen where the employer is being racists or sexist then they could get into
trouble. It is a law that employers must give their employees equal
opportunities and not to judge the people by their race, gender or
background.
Employment Regulations 2006
The Employment Regulations 2006 act is
a secondary legislation law in the United Kingdom that says employers cannot
discriminate against their potential employees depending on what their age is.
With this act if someone gets rejected from a job application because they are
not old enough, they can get some compensation from the company that they have
applied to work. If some is under the age limit that they need to be to work
this act does not apply to them.
Employee Rights
Everyone who works has rights and with
these rights they can do certain tings. For example an employee has the right
not to be dismissed unfairly. They have to be given a written and formal
letter, which says that they are no longer needed to be working at the company.
If a company does fire someone verbally and now follow up with a written letter
or proof that they fired them, then the company could get into trouble. The
employee that has been fired can do things such as sue the company and get
compensation form them.
Copyright
People
copyright their products or ideas because the copyright law prevents other
people form stealing what this person has came up with. For example companies
copyright their products because they don’t want people copying their product.
Film companies don’t usually copyright their films because sometimes other
people make spoofs of that film copying some parts of the film. An example of
this I the film ‘300 ‘and ‘Meet the Spartans’.
Codes
of practice
There
are many codes of practices that companies must follow when it comes to doing
things. The codes of practice was made by the national association of
broadcasters for television and they are a set of rules and ethical standards
made for film and TV companies to follow. Some of the things that the codes of
practice say companies must do is that they must not use profanity, not showing
negative family life, they must not disrespect God and religious beliefs. If
companies do not abide these laws then they could get into trouble with the
law.
Policies
and Procedures
Policies
and procedures are used by companies to make effective decisions because they
are a set of rules. These set of rules are like guidelines for companies to use
and what they do is they tell people what they can do and what they cannot
do. These policies and procedures are
important because they have a big affect on the production because the policies and procedures say what can happen when they are making the production.
An
example a company that has a lot of policies and procedures is the BBC. On the BBC they have a range
of policies and procedures that they must follow. These policies and procedures
must benefit the viewers and the company. Other policies and procedures that
the BBC has is the equal rights policy. This means that every can apply for any
positions, but they have to be realistic.
Emerging
social Concerns
There
are a lot of emerging concerns that companies have to face all the time. Some
of these emerging concerns include things such as how disabled people get
treated by their employers. A TV channel that try’s to deal with a lot of these
emerging concerns is channel 4. On channel 4 they try to show their views these
things and make them aware of what happens with these concerns.
An
example of a TV show that is on channel 4 and tries to show the emerging
concerns is the Paralympics. When the 2012 Paralympics was on channel 4 was
broadcasting it and while doing this they were also showing what people do when
they are not competing. They also talk about how difficult life was for them.
Representation
When
companies are making TV programs there are a lot of things they have to
consider, for example the representation of social groups when they come to
make the show. On channel 4 when they were broadcasting the show my big fat
Gypsy wedding, they came under fire because of the way the representing the
Gypsy community. This show damaged the
reputation that channel 4 had because once this was aired, the channel was
being accused of racism and the negative representation of a certain social
group.
Race Relations Act 1976
The race relation’s act was made by the parliament of the United
Kingdom to stop people being discriminated because of their skin colour. It is
not only a person skin colour that this law prevents from being discriminated,
it is also other things such as nationality and ethnic origin in the
employment. An example of this law being broken is if a student was not allowed
to study a certain subject because of their skin colour, race or religion.
Broadcasting Act 1990
The Broadcasting Act 1990 is another law that was made by the
British Parliament and what it was meant to do was change the whole structure
of the way the British broadcasting channels broadcasted things.
Obscene
Publications 1959
The obscene publication act is also a part of the Broadcasting Act
of 1990. What it is that it was made to prevent people from showing obscene
things onto the TV for viewers to watch. It was an offence against the government for
someone to put obscene things onto the television.
British Board of Film Classifications
The British Board of Film Classifications is an independent
organization, which splits apart film age groups into different ages. It is
also known as the BBFC, which stands for British Board of Film Classifications.
What the BFFC believe is that they are trying to protect the public form things
that could potentially be harmful to them. A law that BBFC made with the help
of OFCOM is that Nudity is not allowed to be shown before 9 O’clock.
For people to know what age group a certain film is for they
usually look at the coloured triangle or circle that is on the bottom left side
of the cover of the film. The different age restrictions are U, PG, 12, 12A, 15
and 18.
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