2. A constant is a limitation or a restriction to something or preventing
something from happening in the Media Industry. This includes certain
limitations, laws and restriction. In relation to this, for my brief, I've been
assigned to create a promotional video for LaSwap's Sixth Form to show
LaSwap in a positive light. This will be aimed at Young People and parents
who are deciding which college/sixth form to join. As I'm going to construct
a video that is for educational purposes I have to take several things into
account. For this form of video I need to think about the legal and ethical
issues and what's appropriate to show for my target audience.
Legal Constraints
3. Intellectual property is a term that covers things such as
copyright, circuit layout rights, patents, trademarks,
designs, plant breeders’ rights and confidentiality and
trade secrets. For example many of these terms cover
copyright against registered logos, literacy, music, film,
multimedia and computer programmes.
Checking Intellectual Property Rights
4. Privacy is an important part in the media industry generally, so for a promotional or corporate
video, they’re just as vital. Producers must make sure that they do not interfere with people's
personal lives and not to broadcast any material that the persons do not approve of. For instance,
in this video we were shown in class. It’s about a man who asks needy people if they believe in
god, (all replied with ‘Yes’) then giving them money whilst saying ‘God sent me for you’. This
example, despite
displays a generous cause, could have potential issues with Privacy.
The people that were featured in this video may of not asked to be filmed.
As it’s a sensitive area they may not of wanted the whole world to see and feel sympathy.
Privacy
5. Another example of a video where Privacy issues could
arise is Frontier Airlines. Even though the personnel in
the corporate video seem fine being interviewed. They
may of not actually given consent for the footage to be
uploaded on the social media platform but only to be
interviewed.
https://www.youtube.com/watch?v=1DjuUln6xZs&safe=
active
Privacy
6. The film industry must make sure that they don’t mislead their audiences. They must also make
sure that they don’t alter or change any facts as this will undermine the audience's trust in their
content.
For instance, with Fly Emirates’ promotional video it featured footage of inside their planes with
luxuries such as own Television with over 1000 channels, entertainment platform, beds, notably,
the range of countries they fly to. With all these luxuries looking enticing the company needs to
ensure that the target audience are not mislead with false promises, especially with promoting the
countries they fly to. Reason being, that their customers have an expectation that was implied by
their promotional video. Fly Emirates want consumers to choose them over any other airline, If
the features that make them more appealing than others aren’t actually true they can get bad
publicity and ultimately lose out on profit.
https://www.youtube.com/watch?v=tUVA3iAdgZE
Accuracy
7. When filming my promotional video I need to ensure that
no branded logos aren't featured in my video, as it can
be falsely advertising. For instance, if there were a can
of Coke in the shot I should blur out the image as I don't
have the rights to the product, as well as set the wrong
ethos of healthy diets in schools. Also, a product's
branding can link with their trademark and what makes
them recognised to their market.
Design Rights
8. Before you can legally sell, publish or distribute someone else’s
Copyrighted work, you must obtain the permission of the copyright owner.
This rule applies even if you are only using extracts or samples from the
work. If I wanted to use material I didn't have the rights for my promotional
video, I'd have to gain permission from the publisher. The sooner I request
permission, the better. The publisher may need time to contact the owner
or arrange licensing agreements, and there is no guarantee that permission
will be granted. Not to mention, the fact that you may have to pay for the
rights especially if intended to showcase their material.
Obtaining Permissions
9. The Race Relation Act is a regulation that was
established in 1976 by the Parliament of The United
Kingdom in order to prevent discrimination of a person's’
race. The Race Relation Act (RRA) covers
discrimination in employment based on an employer's’
nationality, ethnicity, skin colour and country of origin.
Race Relations Act
10. Obscene Publication act is a law that makes it an
offence to publish any content whose effect will 'deprave
and corrupt' those who read see or hear the content.
This could consist of images or extreme sexual activity
such as rape, torture, full nudity, bestiality or necrophilia.
This also could include drugs and obscene violence.
This relates to TV as it’s an offence to broadcast
anything that breaches these regulations, this could
offend and possibly disturb an audience.
11. Ethical Constraints aren't necessary illegal matters, but they
are just as important. These constraints mean that you are
working within accepted norms of society and you have to
behave what is considered in the right way without offending
anyone. This is covered by self regulating industry codes and
it's up to the producer of whatever media production you're
doing to make a proper judgment call. So for my instance, for
my promotional video I have to consider my target audience
and what sort of things they'd expect a Sixth Form to deliver.
Ethical Constraints
12. For the promotional video I will create I need to
ensure I don't use any copyrighted material such
as music, novels, poems, computer programmes,
choreography, film footage, paintings broadcasts
etc. If I were to feature any material as such I
would need to obtain the rights from the owner to
prevent the possibility of being sued.
Copyright
13. In more recent years, to the rise of illegally
downloading content, copyright issues have
been a rising problem especially in the media
industry. Promotional videos like to make
their videos as appealing to their target
audience as possible to manifest their
message. Music is an important component
when making a video memorable and
entertaining. With Liberty Global’s
promotional video they started it off with The
XX - Intro, they would’ve had to pay the right
to feature this song in their promotional video.
Copyright
14. ● By Ofcom’s regulations, producers have a responsibility to protect
children and young people from unsuitable content as well as their
rights of freedom of expression and freedom to receive information.
Harm and Offense
15. ● With fairness, groups and individuals should usually
be appropriately informed about the planned nature
of context of their contributors when they are asked
to take part in certain content and give their consent,
unless there is an editorial justification for proceeding
without their consent.
Fairness
16. Representation often refers to the construction in any medium of aspects of
reality such as people, places, objects, events, cultural identities and other
abstract concepts. Such representations may be in speech or writing as
well as still or moving picture. When representing a person, media text
often focuses on;
● Age
● Gender
● Race/Ethnicity
● Financial Status
● Job
● Culture/nationality
cepts. Such representations may be in speech or writing as well as still or moving pictures.
Representation
17. ● In regards to media, if a reporter when working on a
certain story will have to make sure that he/she isn’t bias
or one sided towards that story. They must also gather
both sides of the argument, for and against that story in
order to gain a fair sided report. For example religion. A
reporter can’t be one sided, as they must approach it with
an open mind and not take sides. Taking a certain side
can cause offense.
Ethics
