contractual, legal and ethical obligations

LO3 Understand Contractual, Legal and Ethical obligations in the

TV & Film industry

In the TV and Film production process, there are 3 obligations producers, directors and legal teams must follow. These come under the bracket of: contractual, legal and ethical obligations. 

In TV and Film there a number of types of contract that you can obtain. Depending on your position in the institution will result in varied hours spent on a project and will directly affect your pay. Below are a variety of types of contract you might expect to see in the TV and Film industry. 

• Contract Types for Workers Full Time – Full time is where you work full time for one company, for a set number of hours with no regular working pattern so this means that you should be prepared to work different hours each week.
• Part Time – Part time is where you work for an employer part time, you will work when they need you to work and the hours can range all the time.
• Permanent – Permanent work is work where you will be required to work a set number of hours a week, this can range from anything in between 26 to 45 hours a week. The company will employ you unit either party decides to part ways.
• Shift Work – Shift work is where you work a set number of hours during the day to cover for a 24 hour period. This means that you could be called in for an early morning or a late afternoon shift to make sure that the broadcast stays on air, this is usually applied to those who work on news channels.
• Freelance – Freelance work is where you hire yourself out to media companies and do work for them. You will have to look for the work yourself and you are not guaranteed an income as you have no fixed job. Working freelance could help you develop your skills as it allows you to move from company to company and meet new people who can help you develop yourself. The hours of work vary and if you have no projects on the go you have no work.
• Voluntary – Voluntary work is where you work for free at your own will, this is usually to gain experience in the media while you are just starting out and is usually used by graduates. There is no pay for this work and the hours vary from company to company.
• Temporary – Temporary work is short term work, it can be full time and it can be part time but you will still only work for the company temporarily.  You will work the set number of hours that the company gives you and you are not guaranteed work for the company after the work is complete.

Furthermore, there are a number of contractual obligations one must face in both the TV and Film industry. For example, confidentiality is an important obligation for crew and talent in the TV and Film industry. Confidentiality is a contract that is made to keep projects and productions under wraps from the public. An example of this is the Star Trek film, there was a mass of confidentiality obligations used in this film as the public knew that there was going to be a remake of Star Trek, but it was filmed on a closed set. The appearance of the characters was also hidden from the public. In TV they use confidentiality by not allowing cameras or video cameras on set, this is so that nobody can show spoilers or photographs of the set. 

Another obligation is an exclusivity contract that is available; this is where a production company secures the rights to produce an idea into a film or a TV show. The most common exclusivity contracts are given out when the production company secures the right to produce a film adaptation from a book. An example of this would be the recent The Hunger Games movie that came out in 2012. The two different types of contracts used can determine what information about the production is released and who has the right to produce the production.

examples of contractual obligatory forms:



























Health and safety

production company/ producer

Only undertake work for which it has been adequately funded;

● produce a written health and safety policy statement, including an organisation section detailing who is responsible for what, and an arrangements section, including the procedures for risk assessment and monitoring of performance;

● clearly identify who has control of the premises, location and facilities;

● use only competent staff, freelances and contractors (vetting and selection should include enquiries regarding health and safety competence);

● ensure that contractors and freelances are formally appointed and that company standards are clearly communicated to them (e.g. terms of trades, contractor rules, health and safety procedures);

●identify any additional training needs of staff and freelances and ensure these are met before production commences;

●ensure that contractors are provided with adequate information about the planned production activity so that they in turn can establish safe systems of work based on risk assessment (they may need to be invited along to any recces and production meetings as required);

●ensure that specialist advice is taken and implemented where necessary;

● ensure that a full risk assessment is undertaken for all activities under the control of the production, the appropriate controls are implemented for all identified risks and the significant findings of the assessment are recorded; 2 Health and safety in audio-visual production Your legal duties

● ensure appropriate exchange of information regarding risk assessments between production and all affected parties (this might include local authorities, police or residents);

●ensure adequate co-ordination and communication between the various parties involved in the production;

●ensure that work begins only when adequate preparations have been made, including full assessment of all risks, selection of competent contractors and other production crew, clear assignment of responsibilities and rehearsals where necessary;

●ensure that all work throughout the life of a production is undertaken safely, in line with any company standards and/or the standards established by risk assessments (including those from contractors);

● ensure that staff and freelance employees are adequately informed and supervised throughout the production;

●report all accidents and reportable incidents, in line with company/production policy and legal requirements;

● communicate any changes that are likely to affect health and safety standards in the production clearly and with the maximum notice possible;

● monitor health and safety performance throughout the production;

● implement effective remedial action for any shortcomings in performance;

● ensure that any concerns with the health and safety performance of employees, freelance staff and contractors are addressed and communicated as appropriate;

● consult and involve employees in health and safety matters;

● ensure that working hours are managed effectively throughout all production activities. Everyone involved with the production is responsible for ensuring health and safety standards for their own activities. Where the producer delegates performance of key stages of the production to suitably competent individuals, e.g. set design and build, or rigging. These people will be responsible for ensuring that the health and safety standards are met for their delegated tasks.

Producers, managers and supervisors

 The production company may delegate to producers, managers, supervisors, heads of departments and senior crew the responsibility for ensuring that:

●employer’s arrangements for health and safety are implemented;

●duties delegated to them are carried out;

● Staff are adequately trained, competent and supervised as necessary;

any health and safety concerns involving high-risk areas such as design,

construction, striking, special effects or visual effects are brought to the

attention of their employer;

●     a full risk assessment is carried out at the design stage and that

appropriate controls are implemented for all risks identified;

●     significant findings of any risk assessments are recorded and relayed to

the production crew;

●     sets, scenery, props etc are designed and tested for safety before their

intended use, and during construction, setting and striking;

●     appropriate markings or warnings are provided/displayed on sets,

scenery, props etc where there is residual risk, eg weight or stability for

manual handling and for rigging or de-rigging;

●     the production crew are informed of any maintenance, inspection or

certification required for the continued safety of sets, scenery, props or

special effects;

●     staff, contractors and freelances employed are adequately supervised

and are competent to carry out the required work;

●     the production crew are made aware of any conflicting demands during

production and of any significant health and safety issues associated

with the design work;

●     work is carried out in line with legal requirements and the production

company’s policy and procedures;

●     adequate communication and co-operation is maintained between the

production company and other contractors who may be affected;

●     subcontractors are competent and adequately briefed.

It is common for certain key contractors to be involved at varying levels

during the tender stage to comment on practicality and likely cost of sets,

special effects etc.

Below is an example of a health and safety contact:

Case study on Health and saftey

LOS ANGELES (Reuters) — Actress Halle Berry has broken her arm on the Montreal set of her upcoming film Gothika, but she will be back on the job next week, a Warner Bros. spokesman said today. 

The Academy Award-winning actress, who plays a criminal psychologist in the supernatural thriller, was injured on Wednesday while shooting a physically demanding scene, Warner Bros. spokesman Joe Everett said. 

Several of Berry's co-stars, who include Robert Downey Jr., Penélope Cruz, and Lord of the Rings actor Bernard Hill, were on the set at the time, but it's not clear who else was in the scene with her. "It wasn't a stunt scene, it was just one of the physical scenes in a movie," Everett said. "Her arm didn't go the way it was supposed to." 

Berry, 32, was taken by ambulance to a Montreal hospital, where she was treated for a broken ulna — the bone that extends from the elbow to the wrist — and released, Everett said. 

The producers, Robert Zemeckis and Joel Silver, shut down filming until next Tuesday and were determining how to shoot around Berry's arm cast, he said. 

About four weeks of filming remain in the nine-week production schedule. 

Equal opportunities

what are equal opportunities?

The right to be treated without discrimination, especially on the grounds of one's sex, race, or age.

In the TV and film industry there are certain obligations whovh must be followed in terms of everyone revceiving equal oppotunities. The BBFC (British Board of  Film Classification  is committed to the development and expansion of positive policies to promote equal opportunities in life regardless of individuals’ gender, marital status, creed, colour, race, ethnic origin, religious or political beliefs, sexual orientation, disability or age.  

One of the most important employment legislation is equal opportunities and this is based on a situation where people have the same opportunities in life as other people. In a workplace no one person despite their gender, age, religion or ethnicity should be treated unfairly or discriminatory. All companies should provide equal opportunities in order for people to feel like they belong there. In the industry there are many different ages of employment with all taking on different roles. A general issue can occur with age during employment, for example people stereotype a person’s ability based on their age. Another example of age discrimination is that in today’s media the younger generation is finding it much harder to get a job as most of them are inexperienced. However the older generation can be discriminated about their age because they may think that the older generation cannot adapt well to new technology and methods that are now in today modern job roles.  The act of age discrimination comes under the Employment equality age regulation 2006. This act helps employees, especially older workers, on not being discriminated against in hiring employees, the dismissal of employees, how they are being treated, redundancies and retirement.The Employment equality age regulation 2006 “prohibits employers unreasonably discriminating against employees on grounds of age. It came into force on October 1, 2006. It is now superseded by the Equality Act 2010.” (Wikipedia 1, Accessed 22/1/2013).

employers liability

Employers' liability insurance protects you against the cost of compensation claims arising from employee illness or injury, sustained as a result of their work for you. It is a legal requirement if your business employs one or more people, each day without the cover bringing fines of up to £2,500.

Employee rights

Your rights at work will depend on:-

• your statutory rights
• your contract of employment 

Your contract of employment cannot take away rights you have by law. So if, for example, you have a contract which states you are only entitled to two weeks' paid holiday per year when, by law, all full-time employees are entitled to 28 days' paid holiday per year, this part of your contract is void and does not apply. The right you have under law (to 28 days' holiday in this case) applies instead.

If your contract gives you greater rights than you have under law, for example, your contract gives you six weeks' paid holiday per year, then your contract applies.

Statutory right

Statutory rights are legal rights based on laws passed by Parliament.

Nearly all workers, regardless of the number of hours per week they work, have certain legal rights. There are some workers who are not entitled to certain statutory rights (see below).

Sometimes an employee only gains a right when they have been employed by their employer for a certain length of time, and when this applies, the length of time before the employee gains the right is listed below. Unless you are in the group of workers who are excluded (see Workers not entitled to certain statutory rights), you will have the following statutory rights:-

• the right to a written statement of terms of employment within two months of starting work, (see under heading Written statement of the main terms and conditions of employment)
• the right to an itemised pay slip. This applies from the day the employee starts work
• the right to be paid at least the national minimum wage. This applies from the day the employee starts work.
  More on getting paid less than the minimum wage
• the right not to have illegal deductions made from pay. This applies from the day the employee starts work.
  More on problems getting paid
• the right to paid holiday. Full-time employees are entitled to at least 28 days a year. Part-time employees are entitled to a pro rata amount
  More on Holiday pay - what you're entitled to
• the right to time off for trade union duties and activities. This applies from the day the employee starts work. The time off does not necessarily have to be paid. Employees also have the right to be accompanied by a trade union representative to a disciplinary or grievance hearing. If an employee takes part in official industrial action and is dismissed as a result, this will be an automatically unfair dismissal
• the right to paid time off to look for work if being made redundant - this applies once the employee has worked for two years for that employer 
• the right to time off for study or training for 16-17 year olds - this applies from the day the employee starts work 
• the right to paid time off for ante natal care - this applies from the day the employee starts work
• the right to paid maternity leave. More on Maternity leave.
• the right to paid paternity leave
• the right to ask for flexible working – see how to ask for flexible working
• the right to paid adoption leave
• the right to take unpaid parental leave for both men and women (if you have worked for the employer for one year) and the right to reasonable time off to look after dependents in an emergency (applies from the day the employee starts work) (see parental rights at work)
• the right under Health and Safety law to work a maximum 48-hour working week. This applies from the day the employee starts work (see under heading Health and safety)
• the right under Health and Safety law to weekly and daily rest breaks. This applies from the day the employee starts work. (see under heading Health and safety). There are special rules for night workers
• the right not to be discriminated against. This applies from the day the employee starts work. See under heading Harassment and discrimination
• the right to carry on working until you are at least 65
• the right to notice of dismissal, provided you have worked for your employer for at least one calendar month
• the right to written reasons for dismissal from your employer, provided you have worked for your employer for one year if you started before 6 April 2012 or two years if you started on or after that date. Women who are pregnant or on maternity leave are entitled to written reasons without having to have worked for any particular length of time

• the right to claim compensation if unfairly dismissed. In most cases to be able to claim unfair dismissal you will have to have worked for your employer for one year if you started before 6 April 2012 or two years if you started on or after that date

• the right to claim redundancy pay if made redundant. In most cases you will have to have worked for two years to be able to claim redundancy pay
• the right not to suffer detriment or dismissal for ‘blowing the whistle’ on a matter of public concern (malpractice) at the workplace. This applies from the day the employee starts work (see under heading Whistle-blowing at work)
• the right of a part-time worker to the same contractual rights (pro-rata) as a comparable full-time worker

Belonging to a trade union

Unions train and organise workplace representatives who help union members with the problems they face at work.

Reps provide support and advice and campaign for better conditions and pay.

Unions have brought significant changes to society, including:

• a national minimum wage;
• the abolition of child labour;
• improved worker safety;
• improving living standards by reducing the number of hours in the working week and encouraging a healthy work/life balance;
• improved parental leave;
• equality legislation;
• better protection of migrant workers and a reduction in exploitation;
• minimum holiday and sickness entitlements.

Unions have also made thousands of local agreements on issues affecting individual workplaces following consultation, negotiation and bargaining.

Copyright

The exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material. 

Trademark
a symbol, word, or words legally registered or established by use as representing a company or product.

Other forms of intellectual property 



Legal obligations:

Legal Employment legislation is the terms and conditions of the employee’s rights within the production company. Some of the terms in the contract are specific to production only and other terms aren't so production specific. Health and safety is written into the contracts to make sure the person understands that should any accidents occur on set the studio isn’t responsible for the injuries caused to the crew member/s. Another obligation in the contract is employee rights. In the contract that the employee signs it is clearly stated that the employee cannot be discriminated against, whether it be age, sex or race discrimination, this is used in both the TV and the film industries. There is also a set minimum wage as well as equal pay between males and females in the industry.

examples of legal obligatory forms:

Ethical obligations:

Ethical Obligations Ethical obligations are important in the film and tv industries. Codes of practice plays a big role in the this obligation as it allows filming to take place, as long as the crew keeps to the code they can work on filming. An example of this would be if the film a scene where guns are required guns for shooting (in the film), the police would need to be told that they were planning to use guns as props on set. If they don't follow the rules it could jeopardize the project and it could leave the crew out of work. Legal obligations are also important in the film and TV industries.

 In Britain there is a film regulator called BBFC (The British Board of Film Classification). Their job is to watch a film and give it a classification rating based on ages; the classification is based upon how the use of language, sex, violence and other themes such as drugs are used. The age ratings are U, PG, 12A, 12, 15 and 18. Sometimes the distribution company will want the film to achieve a specific age rating, this is so that they can widen the audience and bring in more money which means there is more of a profit on the film. The company will send their film to the BBFC and if the film achieves a rating that they didn't want they will re-edit the film taking out parts of the film that the BBFC have noted are too strong for the intended audience and the company behind the film will re-edit the film and send it back off to the BBFC to get the rating that they wanted. A film wanting to be released in Britain must be classified by the BBFC, without a classification rating the film can’t be released and this means that there is no money to be made from the film.

https://www.prospects.ac.uk/case-studies/senior-creative-matthew-greenwood

https://www.morningstaronline.co.uk/a-7891-Self-employed-workers-facing-a-fresh-set-of-difficulties#.V_dt0vkrLIU

Bibliography

http://www.slideshare.net/ziggy455/legal-ethical-and-contractual-powerpoint

http://www.slideshare.net/1102554/legal-issues-in-tv-and-film 

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