brian - unit 14 lo2 - risks and legal/ethical issues

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OCR - LEVEL 3 CAMBRIDGE INTRODUCTORY DIPLOMA IN MEDIA - UNIT 14: CANDIDATE NAME: BRIAN MIGUEL INSUA CANDIDATE NUMBER: 6055 CENTRE NAME: ST ANDREWS CATHOLIC SECONDARY SCHOOL CENTRE NUMBER: 64135

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O C R - L E V E L 3 C A M B R I D G E I N T R O D U C T O R Y D I P L O M A I N M E D I A

- U N I T 1 4 :

C A N D I D A T E N A M E : B R I A N M I G U E L I N S U A C A N D I D A T E N U M B E R : 6 0 5 5 C E N T R E N A M E : S T A N D R E W S C A T H O L I C S E C O N D A R Y S C H O O L C E N T R E N U M B E R : 6 4 1 3 5

C O N T E N T S• Locations Recce

• Evidence of Permission

• Evidence of Interview

• Health & Safety

• Risks & Hazards

• Location Hazards

• Legal & Ethical

• Health & Safety

• Press Complaints Commission/Independent Press Standards Organisation

• Copyright

L O C AT I O N S R E C C E

Location(Time)(Date)

(Why?)

Green screen image for clean background - allows for modification of background. (best done indoors where good lighting is available)(date?)

Tony’s garage - has a bar, darts - looks like somewhere a band would hang out. (Thursday evening)(6 November 2014)

Picture Needed/Required(Shot Type)

(Props/Equipment/)(Lighting)

(Person/People)(Why)

Colour images - to appeal to youth - connote energy and youth - to be used on front cover for main image.(Shot type - medium close-up of artist looking directly at camera)(Props/Equipment - casual clothing for youth pop/rock genre i.e. leather jacket, hoody, skinny jeans, trainers/sneakers)(People - 3 band members - 2 guys & 1 girl)

Colour images - to appeal to youth - connote energy and youth - to be used on double page spread for behind-the-scenes images, album art - to support article with images. (Shot types - medium, medium-close ups, close-ups of artists practicing, hanging-out, writing lyrics)(Props/Equipment - casual clothing for youth pop/rock genre i.e. leather jacket, hoody, skinny jeans, trainers/sneakers)(People - 3 band members - 2 guys & 1 girl)

Permission Needed(Who)

(Why?)

Permission to use green screen from owner.Permission from photography teacher to use photography room for lighting, location and set-up of green screen.Permission from subjects to be featured in the magazine.

Permission from Tony, James and Amelia to be my subjects.Permission from Tony to use his garage as a setting.

Potential Hazards/Risks(Location Specific)

(Why?)

Carry out a Risk Assessment - Health & Safety at Work Act (1974) and Health & Safety at Work Regulations (1999) - Requirement of qualified first aider, Employer responsible for health, safety & welfare (location, equipment must not endanger people), Duty of individual to take reasonable care of themselves and any other person who may be affected by his/her actions, Implement health & safety measures based on risk assessment.Location Specific Risks - Musical Instruments, Equipment, etc.Employers Liability Insurance, Material Damage and Business Interruption Insurance.

Carry out a Risk Assessment - Health & Safety at Work Act (1974) and Health & Safety at Work Regulations (1999) - Requirement of qualified first aider, Employer responsible for health, safety & welfare (location, equipment must not endanger people), Duty of individual to take reasonable care of themselves and any other person who may be affected by his/her actions, Implement health & safety measures based on risk assessment. Location Specific Risks - Darts, Alcohol, Musical Instruments, Steps, Equipment, etc.Employers Liability Insurance, Material Damage and Business Interruption Insurance.

E V I D E N C E O F P E R M I S S I O N

Permission to Use your Image in Charm Magazine

6 November 2014

Miss Morris,

By signing this document, you agree to the use of images of you in Charm music magazine including all it’s respective forms, such as Charm’s website, Charm’s social media and Charm magazine itself.

Signature

Permission to Use your Image in Charm Magazine

6 November 2014

Mr Kay,

By signing this document, you agree to the use of images of you in Charm music magazine including all it’s respective forms, such as Charm’s website, Charm’s social media and Charm magazine itself.

Signature

Permission to Use your Image in Charm Magazine

6 November 2014

Mr Rossetti,

By signing this document, you agree to the use of images of you in Charm music magazine including all it’s respective forms, such as Charm’s website, Charm’s social media and Charm magazine itself.

Signature

• Permission from the subjects used within the images in the magazine ensures that legally, Charm magazine owns the content and thus avoids ownership issues/being sued.

E V I D E N C E O F I N T E R V I E W

• Above is an image taken during the interview.

L O C AT I O N H A Z A R D S

• Location specific hazards include the dart board and the darts, the step up by the door (tripping hazard), the equipment and the wires that accompany it, the alcohol and alcohol bottles, the hooks on the wall holding the memorabilia.

• In order to minimise the risks that these hazards pose, we put the darts away, put the alcohol away, tucked the wires away, etc.

RISK ASSESSMENT

RISK ASSESSMENT

Technical Issues

There are several risks that can occur during the undertaking and finishing of the Flash application project. For instance, the risks of technical issues could potentially cause delays or problems that could affect the quality of the finished product. One of the potential risks that could occur is that of data loss or corruption. There is a high risk of this occurring, particularly if and/or when the Flash application is being worked on at school and saved to the network. The problem is that Adobe Flash Professional CS5.5 is not designed to save over a network. Rather, it is designed to save files to the local machine. Thus, this poses a high risk to the project in the sense that the Flash file where the product is under development could be corrupted – meaning lost data and subsequently lost progress and time. In order to minimise the risk and combat the problem, the Flash application will be developed on my machine (a MacBook Pro) – this will allow me to save files to the local machine and consequently lower the risk of data corruption/loss. However this solution is still susceptible to data loss/corruption. Thus, daily progress back-ups will be made to both the local machine and to an external hard drive, with weekly back-ups being saved on two separate external hard drives in addition to the local machine copies. The frequent back-ups will thus minimise the risk of data loss/corruption. Another solution to minimising the risk of data loss/corruption is to work on the latest Adobe Flash version; in this case the latest version on my MacBook is Adobe Flash Creative Cloud – which is kept up-to-date and also allows me to save files to the cloud – meaning another back-up which can be accessed and restored in the event of data loss/corruption. Additionally, another possible technical risk that could occur is the failure of the MacBook. There is a low risk of this occurring as the internal components have been upgraded with some of the latest and best technology for the best performance. The MacBook’s original HDD has been replaced with an SSD and the original 4gb of Ram has been upgraded to 16gb. Despite this, the MacBook still has a risk of failing. In the event of the primary development platform failing, the project will still be able to continue to be developed as there is available access to a second Mac (an iMac) where Adobe Flash Creative Cloud is installed - development using the aforementioned back-ups can continue to progress. Alternatively, Adobe Flash Professional Creative Suite 5.5 is installed on the school computers. However, problems cited in the previous paragraph such as the risk of data corruption caused by saving over the network, means that the file will need to be saved either on a USB or a hard drive. The risks are increased if the MacBook fails as the constant interchanging between the different Flash versions will inevitably cause problems. In order to minimise such risks, development of the project may have to be confined to one machine.

Unforeseen Circumstances/Delays

Another possible risk that could occur is that of unforeseen delays/circumstances, which halt the development progress of the project and subsequently delay the production which could impact the final product.

RISK ASSESSMENT Page ! of !2 4

L O C AT I O N S R E C C E - H E A LT H & S A F E T Y

• It should be ensured that, so far as reasonably practicable, that those working with and for the magazine are not exposed to risks to their health and safety.

• Carrying out a risk assessment will significantly lower the risk to the health and safety of staff.

• By identifying the risks, appropriate counter-measures can be put in place to try to prevent these risks from occurring.

( R I S K A S S E S S M E N T E X A M P L E F R O M M Y I C T C O U R S E W O R K )

L O C AT I O N S R E C C E - R I S K S & H A Z A R D S

• The risk assessment should ensure that the risks to the health and safety of staff are minimised.

• For instance, ensuring that staff are suitably trained in their respective fields, particularly in roles that involve using equipment. ( E X T R A C T F R O M H S E . G O V O N

H E A LT H & S A F E T Y R E G A R D I N G S TA F F T R A I N I N G )

L O C AT I O N S R E C C E - R I S K S & H A Z A R D S

• The risk assessment should ensure that the risks to the health and safety of staff from equipment are minimised.

• For instance, identifying that equipment such as lighting have wires that are a tripping hazard to staff, and ensuring that they are tied down/tucked away properly.

( E Q U I P M E N T R I S K A S S E S S M E N T E X A M P L E F R O M B B C )

L O C AT I O N S R E C C E - R I S K S & H A Z A R D S

• The risk assessment should ensure that the risks to the health and safety of staff from the location are minimised.

• For instance, identifying that a location has poor lighting, and installing extra lighting to ensure that staff are aware of what’s around them and do not get injured from the environment.

( S A M P L E L O C AT I O N R I S K A S S E S S M E N T F R O M E D P P H O T O G R A P H Y )

L E G A L & E T H I C A L - H E A LT H & S A F E T Y E X E C U T I V E

• The Health and Safety at Work Act 1974 sets out the general duties which employers have towards employees and employees have to themselves and each other.

• The law requires good management and common sense - these are to analyse the risks and take sensible measures to counter them.

• The main requirement of employers is to perform a risk assessment.

08/03

Health and Safety Executive

Health and safety regulation... ... a short guide

Health and safety regulation ....

.... a short guide

This is a web-friendly version of leaflet HSC13(rev1), revised

Why this guide?

The Health and Safety Commission (HSC) conducted a review of health and safety regulation in 1994. It found that people were confused about the differences between:

■ guidance; ■ Approved Codes of Practice (ACOPs); and ■ regulations

and how they relate to each other.

This document aims to explain how each fits in. It is for employers and self-employed people, but will be of interest to anyone who wants to know how health and safety law is meant to work.

What health and safety law requires

The basis of British health and safety law is the Health and Safety at Work etc Act 1974.

The Act sets out the general duties which employers have towards employees and members of the public, and employees have to themselves and to each other.

These duties are qualified in the Act by the principle of ‘so far as is reasonably practicable’. In other words, an employer does not have to take measures to avoid or reduce the risk if they are technically impossible or if the time, trouble or cost of the measures would be grossly disproportionate to the risk.

What the law requires here is what good management and common sense would lead employers to do anyway: that is, to look at what the risks are and take sensible measures to tackle them.

The Management of Health and Safety at Work Regulations 1999 (the Management Regulations) generally make more explicit what employers are required to do to manage health and safety under the Health and Safety at Work Act. Like the Act, they apply to every work activity.

The main requirement on employers is to carry out a risk assessment. Employers with five or more employees need to record the significant findings of the risk assessment.

Risk assessment should be straightforward in a simple workplace such as a typical office. It should only be complicated if it deals with serious hazards such as those on a nuclear power station, a chemical plant, laboratory or an oil rig.

1 of 7 pages

L E G A L & E T H I C A L - H E A LT H & S A F E T Y E X E C U T I V E

• “The HSW Act and supporting regulations require employers (photographers) to ensure the safety, health and welfare at work of their employees so far as is reasonably practicable. It also places a general duty on employers (photographers) to conduct their business in such a way as to ensure that others (ie non-employees and members of the public) are not exposed to risks to their health or safety. Employees (assistants) are required to co-operate with their employers (photographers) in complying with health and safety law. They are required to take reasonable care to ensure they do not endanger themselves or anyone else using the premises, which could include assistants, models, make-up artists, hairdressers, stylists, models (etc),  and visitors. They should:

• Follow the instructions and training given by their employer (the photographer) in the safe use of particular items of equipment such as photographic equipment, studio lights, darkroom and computer equipment as appropriate.

• Inform their employer (the photographer) of any work situation which is a serious and immediate danger to health and safety, for example broken equipment.

• Inform their employer (the photographer) of any shortcomings in the arrangements for ensuring the health and safety of employees. Under the Management of Health and Safety at Work Regulations 1999, as amended (the Management Regulations), employers need to assess the risks to the health and safety of employees and others who may be affected by their activities. This may require employers their employer (the photographer)  taking advice from other professionals on specific risks.”

• (Source: HSE.GOV)

1 of 6 pages

Health and Safety ExecutiveHealth and Safety Executive

Entertainment Information Sheet No 18 (Revision 1)HSE information sheet

Buildings used for locations or temporary studios in film and television

Introduction

In this information sheet, ‘must’ denotes a legal obligation. Words such as ‘do’, ‘should’ etc are used to give advice on good practice.

This information sheet is one in a series produced in consultation with the Joint Advisory Committee for Entertainment (JACE). It gives advice on the safe use of buildings used as locations or temporary studios in the film and television industries. It does not deal with permanent studios or locations.

Legislation

The main legal requirements covering locations and temporary studios are contained in the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999 (the Management Regulations).

The Management Regulations require a suitable and sufficient risk assessment to be carried out by employers (or self-employed people) to assess the risk to themselves, their employees and to others who may be affected by their activities, to determine the control measures necessary to avoid risk or reduce it to acceptable levels. Risk assessments should cover the application of any other relevant health and safety legislation, including the requirement to consider fire precautions and emergency procedures.

Depending on the nature of the building and any work that requires to be carried out in preparation for filming, the Construction (Design and Management) Regulations 2007 (CDM Regulations) may apply. More information on the CDM Regulations can be found in Further reading.

Hazards

Some buildings may be derelict, in poor repair or designed for other functions. This may create risks to the health and safety of people working there, so these risks must be controlled. The use of buildings

for location work or studios brings with it a number of potential hazards that may require assessment and control. Typical hazards may include:

unsafe structures; ■■

voids in floors■■

inadequate fire precautions or means of escape; ■■

unguarded, faulty or derelict machinery; ■■

non-availability of, or poor or unsafe services (eg ■■

electricity or water); hazardous substances or materials, eg asbestos; ■■

debris and litter; ■■

pests or vermin; ■■

lack of welfare facilities; ■■

additional hazards introduced by the production’s ■■

activities.

A checklist is included in this information sheet. You do not need to use this but it may assist you in checking locations. There may be hazards present not on the list and not all listed hazards will be present in every location. Where an item on the list is found to be unsatisfactory, you should, if competent, rectify it yourself or seek the advice of an appropriate competent person.

Responsibility

The owner, landlord or agent for the building has a responsibility to:

provide all reasonable information to the producer, ■■

including any results of any reports or risk assessments relating to the safety of the building structure, eg presence of asbestos or known weak floors etc; make sure that all contractual conditions of any lease, ■■

contract or agreements are abided by, including having adequate public liability insurance in place.

In many cases, adequate information will be available through the owners or agents for the building; always take advice on the suitability and state of repair of such buildings. If in doubt regarding the safety of any building, seek advice from a suitably qualified structural engineer.

L E G A L & E T H I C A L - H E A LT H & S A F E T Y E X E C U T I V E

• The Health and Safety Executive (HSE.GOV) has a useful guide on working on location. The guide covers items such as working in buildings, control measures, fire, responsibilities, hazards, rubbish, debris etc.

• The link can be found here:(http://www.hse.gov.uk/pubns/hsc13.pdf)

L E G A L & E T H I C A L

• Before the magazine can be published, there are legal and ethical issues that need to be addressed beforehand.

• For example, issues regarding the health and safety of those working for Charm, the rights and correctness of Charm’s content, and the intellectual property of Charm itself.

L E G A L & E T H I C A L - P C C

• The Press Complaints Commission was originally a voluntary regulatory body for printed media in the UK. It consisted of representatives from major publishers until it was closed on 8 September 2014 - and replaced with the Independent Press Standards Organisation. The PCC had no legal powers - all the publishing companies voluntarily contributed to the costs of the regulatory body and adhered to it’s rulings - thus making the industry self-regulating.

• The Independent Press Standards Organisation is the new independent regulatory body for printed media in the UK. Replacing the now defunct Press Complaints Commission (which was the regulatory body in the UK for printed media since 1990), the IPSO was launched on 8 September 2014 and is tasked with upholding the the standards of journalism and maintaining the standards set out in the Editor’s Code of Practice - handling any complaints regarding breaches of the Editor’s Code of Practice.

L E G A L & E T H I C A L - I P S O

• The Editor’s Code of Practice provides the printed media industry in the UK with a guide which has a firm set of principles to follow. The Code of Practice provides the IPSO (previously the PCC) with a framework with which to regulate the industry and handle complaints/breaches accordingly. Established in 2003, the Code of Practice states that:

• Accuracy - states the press must take care not to publish content that is inaccurate or misleading - any statements deemed inaccurate, misleading or distorted must be corrected immediately with the possibility of an issued apology - the press is free to partisan (political influence) however comment, conjuncture and fact must be distinguished clearly - press must also give a fair opportunity for replies to inaccuracies when reasonably called for.

• Privacy - states that everyone is entitled to respect for his/her private life, family life, home & health - editors are responsible and must justify intrusions into private affairs without consent - images of individuals in private places/private property taken without consent is unacceptable.

L E G A L & E T H I C A L - I P S O

• The Editor’s Code of Practice provides the printed media industry in the UK with a guide which has a firm set of principles to follow. The Code of Practice provides the IPSO (previously the PCC) with a framework with which to regulate the industry and handle complaints/breaches accordingly. Established in 2003, the Code of Practice states that:

• Harassment - states that journalists must not engage in intimidation, harassment or persistent pursuit - must not persist in questioning, phoning, pursuing, photographing once requested to desist - nor remain on the property when asked to leave - not to stalk individuals - editors must ensure these principles are observed and take care not to use non-compliant material from other sources

• Intrusion to grief/shock - states the press must handle cases involving personal grief/shock with sympathy and discretion when making approaches & enquiries - and that publication be handled sensitively - when reporting suicide, care should be taken to avoid excessive detail about method used.

L E G A L & E T H I C A L - I P S O

• The Editor’s Code of Practice provides the printed media industry in the UK with a guide which has a firm set of principles to follow. The Code of Practice provides the IPSO (previously the PCC) with a framework with which to regulate the industry and handle complaints/breaches accordingly. Established in 2003, the Code of Practice states that:

• Children - states young individuals should be free to complete time at school without unnecessary intrusion from press - must not be photographed or approached at school without permission from school authorities - under 16’s must not be interviewed/photographed on issues involving their own/other child’s welfare unless custodial parent/guardian/adult is present - editors must not use fame/notoriety/position of parent/guardian as sole justification for publishing details about a child’s private life - press must not identify children under 16 who are victims or witnesses involving sex offences.

• Clandestine Devices & Subterfuge - states the press must not seek to obtain or publish material acquired through hidden cameras, clandestine listening devices, intercepted calls/messages/emails, accessing unauthorised documents/photographs or accessing digitally-held private information without consent.

L E G A L & E T H I C A L - I P S O

L E G A L & E T H I C A L - I P S O

• The Editor’s Code of Practice provides the printed media industry in the UK with a guide which has a firm set of principles to follow. The Code of Practice provides the IPSO (previously the PCC) with a framework with which to regulate the industry and handle complaints/breaches accordingly. Established in 2003, the Code of Practice states that:

• Discrimination - states the press must avoid prejudicial or pejorative (derogatory) references to an individual’s race, colour, religion, gender, sexual orientation or to any physical/mental disabilities - these details must be avoided unless genuinely relevant to the story.

• Financial Journalism - states the press must not use financial information they receive for their own profit or that of close family/relatives, nor should the information be passed to others if received before it’s general publication.

L E G A L & E T H I C A L - I P S O

• A complaint can be made by anyone on the IPSO website. When the “Make a complaint” button on the navigation bar of the IPSO website is clicked on, the webpage loads a form, where the IPSO requests that the user provide information firstly on what the complaint is about. Here, there are three options, namely:

• the behaviour of a journalist and/or photographer

• material published in a newspaper/magazine

• material published on a newspaper/magazine website

• (Other complaints such as those regarding advertising, content on tv or any other types of complaints are referred by the IPSO to the appropriate regulatory body - The IPSO exclusively deals with complaints regarding print media)

L E G A L & E T H I C A L - I P S O

• Next, the IPSO asks whether the user has already been in contact with the publication, requiring that the user includes the name of the publication. Furthermore, additional information that is requested (not required) is the date of the first article and an image of the headline.

L E G A L & E T H I C A L - I P S O

• The next stage in the complaint procedure is to provide the IPSO with the specific reasoning behind the complaint, with the IPSO providing the option to select which section of the Editor’s Code of Practice has been breached by the publication.

L E G A L & E T H I C A L - I P S O

• When a section is selected, the specifics of that particular section are explained before the IPSO request an explanation for how the user believes that the aforementioned section of the Code has been breached.

L E G A L & E T H I C A L - I P S O

• The next step in the complaint procedure is to fill in details about yourself. This contact information will allow the IPSO to contact you, which is required in order to make the complaint.

L E G A L & E T H I C A L - I P S O

• The final step in the complaint procedure before the complaint can be submitted is to review the complaint. Here, a summary screen is made available to be viewed, which contains all the information about the complaint and the person making the complaint. This is the last opportunity to edit any information/details before the complaint is submitted to the IPSO for review.

L E G A L & E T H I C A L - I P S O C A S E S T U D Y

• On 3 September 2014, the Press Complaints Commission ruled that the Daily Mail newspaper breached the Editor’s Code of Practice on accuracy with its story about buses and planes from Romania and Bulgaria to the UK being full-up and sold-out. On New Years Eve 2013, the Daily Mail published an article headlined, “Sold out! Flights and buses full as Romanians and Bulgarians head for the UK”. In the article, the newspaper claimed that planes and buses to the UK from the aforementioned countries were full following the lifting of ‘working restrictions’ in the UK. More than 80 people complained to the PCC about the Daily Mail article. Following13 complaints and a serious of blogs made by former BBC investigative journalist Jon Danzig against that Daily Mail feature story, the Press Complaints Commission concluded that, “the newspaper had failed to take care not to publish inaccurate or misleading information.” This, stated the PCC, was in breach of Clause 1 of their Editors’ Code of Practice regarding accuracy.

L E G A L & E T H I C A L -I P S O C A S E S T U D Y

• The PCC ruled that:

• The Daily Mail could not support its claim that Wizz Air had doubled its flights from Romania to the UK to meet “increased demand” when working restrictions in the UK were lifted in the New Year for Romanians and Bulgarians. This, decided the PCC, raised a breach of Clause 1 (i) of the Editors’ Code of Practice.

• The Daily Mail had misquoted the Mayor of Romania’s Dolj County, Ion Prioteasa, as saying that the numbers of passengers flying from there to the UK, “will double to 70,000 next year”. In fact, Mr Prioteasa had been talking about the total number of air passengers flying to all the airport’s destinations across Europe, and not just the UK. This, concluded the PCC, raised a breach of Clause 1 (i) of the Code.

• The Daily Mail “created a misleading impression” when it reported that a Romanian woman posted on a website forum that she wanted to know what benefits she was entitled to if she had a baby in the UK. The Daily Mail article gave the impression that the woman was in Romania and wanted to come to the UK to have a baby and claim benefits. However, as I discovered, the Romanian woman had already been living and working in the UK as an NHS nurse for over two years.

L E G A L & E T H I C A L - I P S O C A S E S T U D Y

• Stated the PCC, “The article reported on Bulgarians and Romanians coming to the UK in the context of the removal of working restrictions in the New Year; it was clearly pertinent that the woman making the comment had been working here already for two years. The failure to make this clear raised a breach of Clause 1 (i) of the Code.”

• As a result of the complaints, the newspaper had already published two “clarifications” to retract their inaccurate report and was ordered to publish a third one by the PCC. This ruling was one of the last before the PCC closed it’s doors to be subsequently replaced by the IPSO.

L E G A L & E T H I C A L - C O P Y R I G H T

• The Copyright Law provides legal protection to works produced by individuals, businesses and companies. Copyright prohibits the publication of works protected by copyright without the permission of the copyright owner.

• The Copyright Law gives the creators of content rights to control the ways in which their materials can be used. The law covers original works such as writing, music, drama, art and photography works are all protected by copyright. Copyright belongs to the person who created the original work and, if created as part of their job, belongs to the employer. Copyright can be transferred or licensed by the copyright owner. The use of someone else’s work without permission is copyright infringement. However, there are some exceptions to the copyright law, where permission is not required, such as for educational or private use.

L E G A L & E T H I C A L - C O P Y R I G H T

• When the copyright symbol is placed on your work, that denotes that the copyright licence for that piece of work belongs to you. The copyright symbol should always be placed in an obvious spot. The word “copyright” and copyright symbol should then be followed by the date (the year the work was created) your name and then the statement “all rights reserved” (as in the example below)

• Copyright © 2015 Brian Insua. All Rights Reserved.

L E G A L & E T H I C A L - C O P Y R I G H T

• For the magazine, this means that works such as articles and multimedia (in the form of music [i.e. songs for incentives/promotions], images [to supplement the articles], video [for YouTube channel/website/app]) requires permission from the copyright owners. The copyrighted material can be used for commercial purposes by means of a contract.

• There are two types of publishing licences. The first is Assignments. This involves the transfer of ownership of the copyright. Usually, payment is accepted in the form of a fee. The second is Licensing. This involves granting the rights to use the content when it would otherwise be copyright infringement. Usually, payment is accepted in the form of royalties. All publishing agreements should be in writing. Whilst the law tolerates unwritten contracts, written contracts are the best evidence for legislation purposes.

L E G A L & E T H I C A L - C O P Y R I G H T

• Publishers typically request authors of content to warrant (meaning to affirm the truth of) various statements regarding the works being published - for instance, that the work is the original creation and intellectual property of the author and that it has not been published before and that it will not infringe the copyright of any third-party entities. Warranties in a publishing contract are usually put in place in order to prevent issues regarding content liability.

• In terms of content liability, legal rights can be infringed in many ways. For instance, publishing works that is libellous or maliciously false, indecent or obscene, infringe copyright/moral rights/trademark rights/intellectual property rights, go against the rights of privacy/data protection legislation, breach racial/religious hatred/discrimination laws.

L E G A L & E T H I C A L - C O P Y R I G H T

• It is an offence to perform any of the following acts without the permission of the owner:

• Copy the work.

• Rent, lend or issue copies of the work in public.

• Perform, broadcaster show the work in public.

• Adapt the work.

L E G A L & E T H I C A L - C O P Y R I G H T

• It is an offence to perform any of the following acts without the permission of the owner:

• Copy the work.

• Rent, lend or issue copies of the work in public.

• Perform, broadcaster show the work in public.

• Adapt the work.

• The author of a work, or a director of a film may also have certain moral rights:

• The right to be identified as the author.

• Right to object to derogatory treatment.

L E G A L & E T H I C A L - C O P Y R I G H T

• Exceptions:

• Private and research study purposes.

• Performance, copies or lending for educational purposes.

• Criticism and news reporting.

• Incidental inclusion.

• Copies and lending by librarians.

• Acts for purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes.

• Recording of broadcasts for the purposes of listening to or viewing at a more convenient time (“time-shifting”).

• Producing a back-up copy for personal use of a computer program.

• Playing sound recording for a non-profit making organisation, club or society.

L E G A L & E T H I C A L - C O P Y R I G H T

• In most cases, the magazine or the author of the article holds the copyright to the article text, and the text (or any portions thereof) cannot be reprinted or reused without permission. In order to copyright material in a magazine, contracts with employees or “work for hire” contracts with freelancers will ensure that the institution owns the copyright to the works.

• However, as content produced for a job belongs to the employer, a contract is not required by law. Once content (in the form of images, articles and creative expression) is produced, registering the copyrights with the UK Copyright Service will ensure that the magazine and its content will not be used improperly and/or without permission. The copyright then lasts for 70 years from the year of publication or creation. Copyright complaints can be made to the Copyright Licensing Agency (CLA).

S U M M A R Y

Learning Objective 2

• Outlined the plan for the images, the permissions required to take said images as well as the hazards & risks involved with taking the images in the locations recce.

S U M M A R Y

Learning Objective 2

• Evidenced permission from the subjects to be in the images for the magazine.

• Evidence that the interview took place and that the hazards were identified and measures were taken to minimise the risk to health & safety.

Permission to Use your Image in Charm Magazine

6 November 2014

Mr Kay,

By signing this document, you agree to the use of images of you in Charm music magazine including all it’s respective forms, such as Charm’s website, Charm’s social media and Charm magazine itself.

Signature

Permission to Use your Image in Charm Magazine

6 November 2014

Mr Rossetti,

By signing this document, you agree to the use of images of you in Charm music magazine including all it’s respective forms, such as Charm’s website, Charm’s social media and Charm magazine itself.

Signature

Permission to Use your Image in Charm Magazine

6 November 2014

Miss Morris,

By signing this document, you agree to the use of images of you in Charm music magazine including all it’s respective forms, such as Charm’s website, Charm’s social media and Charm magazine itself.

Signature

S U M M A R Y

Learning Objective 2

• Investigated health & safety legislation, regulations and issues with regards to the production process of Charm music magazine through the Health & Safety Executive (analysing risk assessments for employers, employees, environments and equipment).

S U M M A R Y

Learning Objective 2

• Investigated and analysed the legal & ethical issues involved with producing the magazine by studying the Press Complaints Commission (PCC) and the Independent Press Standards Organisation (IPSO).

S U M M A R Y

Learning Objective 2

• Investigated and analysed the legal & ethical issues involved with producing the magazine by the legislation, regulations and issues surrounding Copyright.

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