B. Units 1 & 2 (t5) - Legislation and the creative industries

Task 5 - Legislation and the Creative Industries

Intellectual Property

Intellectual property is an intangible property that is the result of creativity, such as copyrights. It is created in the mind, and so will require a human being to do so, such as a member of staff. Therefore, intellectual property must be present in all business as a standpoint. Examples of intellectual property include:

• names of your brand and/or products
• your inventions
• your own designs
• your own writing or products

It counts as being intellectual property if you have either created it, bought rights for it or have a brand that could be a trademark.

SOURCE - Intellectual property and your work - GOV.UK (www.gov.uk)

Copyright 

Copyright is a type of intellectual property that gives the owner the exclusive right to make copies of their creative work for a limited time – non-owners or licensers cannot make these copies themselves without permission. Your work is considered protected by copyright if it is:

• Original - a product of your own work, skill, labour or intellectual creation, without replicating the work of anyone else
• Tangible - must have been expressed in physical form rather than just being an idea, meaning that if someone else has had the same idea as yourself but has made it tangible, they now have the rights over that idea

SOURCE - What is Copyright? - Copyright Aware (bbc.co.uk

Trademark

A symbol or word legally registered or established by use as representing a company or product. It must be easily recognisable and legally differential from other companies in order for individuals to be able to distinguish which company it represents. Key points that make a trademark are:

• Whether it is easily recognisable - makes someone think immediately of your business/product
• must legally differentiate from other products or services 
• may or may not be registered but are denoted by the trademark symbols
• must make regular use of the trademark to receive the protections of it 

SOURCE - Trademark Definition (investopedia.com)

Public Liability Insurance

PLI is a type of insurance for all businesses across all industries which covers the business if a client or member claims they have been injured or had their property damaged as a result of the business activities or intervention. This type of insurance is only necessary if you work or interact with the public in any way, or if you provide a service or trade for profit. The amount of cover you receive is dependent on:

• the size of the business
• level of interaction with the public
• scale of contacts
• claims history of the company or individual
• level of risk associated with that particular industry

SOURCE - What is Public Liability Insurance? (axa.co.uk)                                                                                           What is public liability insurance? | Hiscox UK

General Data Protection Regulation (GDPR)

GDPR is a regulation in EU law which gives individuals control over their data and information. It means that any business that deals with clients must ensure that the data they collect from that client is not shared, and allows the individual to have the ability to customise and view which data is collected from them. It is considered the strictest privacy and security law in the world. The main things that this law controls are:

• data processing - automated or manual actions performed on data
• data subject - the person whose data is collected, such as customers or site visitors
• data controller - the person in the company who decides how and why data will be processed
• data processor - a third party that processes personal data on behalf of the data controller

SOURCE - What is GDPR, the EU’s new data protection law? - GDPR.eu

Talent Releases

A talent release is a legal form signed by the individuals participating in film, images or audio, which gives their permission for you to release the final product. This is only needed when the individual/s is included in a photo, video or audio clip released for entertainment purposes, and can cause major legal troubles if the creative piece is released without the signing of a talent release. Similar to a talent release, a location release is used when shooting on private property – the property owned will need to sign a location release before the final piece is released.

SOURCE - Talent & Location Releases: When & What Do You Need? (motionarray.com)

Location Releases

Similar to a talent release, but in terms of location, it refers to the release signed by the property owner or legal representative when filming on private or public land. It must be a written document, as verbal consent cannot be legally recorded.

Filming and Recording Rules in Public in the UK

When filming on public land, it is important that you check if you need to seek permission from the local authority or council. If not, there are no laws preventing you from filming on public land. However, if you intend to film on a highway or use special FX, explosives or replica firearms, you must have the full co-operation of the local police force who will also need to give permission if they are to be portrayed in uniform.

In terms of the regulations for public performances, you will not usually need a license as long as it takes place between 8am and 11pm and consists of no more than 500 people in the audience. However, a license will be needed for the serving of alcohol or sexual entertainment.

SOURCE - Entertainment Licensing - GOV.UK (www.gov.uk)

The Competition Act (1998) and Enterprise Act (2002)

The Competition Act (1998) prohibits any agreement, business practice or conduct which has/could have a damaging effect on competition in the UK. For example, it prevents companies from using their dominant position in a way which harms or abuses competition.

The Enterprise Act (2002) is a piece of UK legislation that enforces competition law to prevent anti-competitive behaviour, somewhat similar to The Competition Act (1998). If a company disobeys or is not aware of this act, the owner can face prison time if harm does actually come to their competitors. This includes collusion, which refers to cartels who trade with each other in order for it to appear as though they are making greater profit, which consequently rules out competition. 

SOURCE - What is the Enterprise Act 2002? | DeltaNet (delta-net.com)

                   Competition Act 1998 | Office of Rail and Road (orr.gov.uk)

Child Labour Laws and the Creative Industry

International child labour laws mean that the minimum age for work (light work) is 13. This applies for all creative industries except from film and TV, who can hire children under the age of 14 performing in show business. However, if they're under school-leaving age (16 in the UK), then they will need a license when taking part in any film, TV or concerts/performances that either an audience pays to see, or that takes part on licensed premises. This also includes assignments where the child will be paid. Moreover, where a parent or tutor is not present, children must be supervised by a chaperone officially approved by the council.

SOURCE -  Child employment: Performance licences and supervision for children - GOV.UK (www.gov.uk)