Legislation and the creative industries (Task 5)
Intellectual Property
- The names of your products or brands
- Your inventions
- The design or look of your products
- Things you write, make or produce
Copyright (creative pieces, i.e., written work, moving image work, music, etc.)
Copyright is a protection of work and stops people from using it without permission. copyright is automatic in the uk so if you create something in a certain category you our protected. The categories it covers our ;
- original literary, dramatic, musical and artistic work, including illustration and photography
- original non-literary written work, such as software, web content and databases
- sound and music recordings
- film and television recordings
- broadcasts
- the layout of published editions of written, dramatic and musical works
Anyone can put the copyright symbol in there name if eligible but it isnt neccesary as it doesnt affect the level of protection. Copyright protects work by preventing people from ;
- copying your work.
- distributing copies of it, whether free of charge or for sale.
- renting or lending copies of your work.
- performing, showing or playing your work in public.
- making an adaptation of your work.
- putting it on the internet.
Copyright is different in each country but often copyright will last for at least 25 years and often its around 50 years.
Trademarks
Trademarks are badges of origin and our used to distinguish the products and services of different companys/people. A trademark can be used in many forms from words and slogans to colours and sounds. You have to register for a trademark and they do bot always get accepted. There our 45 classes to chose from when getting a trademark , this is also how sometimes company can use very simular names for things as they our in different classes. A trademark can stay forever but the trademark has to be looked after properly like;
- Used in commerce
- Have fees paid as required to keep it in force
- Must not become generic, such as a noun or verb in common usage
- Must be identified as a Trademark by ® in some countries
To file a trademark in the UK you have to often pay around £200 with extra possible add on depending on what your registering for.
What are talent releases?
A talent release form allows the producer to film the talent, whilst also gaining rights to distribution something with them included in. A talent release form will be signed and dated before a production starts and sometimes there has to be a witness who sees the signature take place.
What are location releases?
A location release is an agreement with the property / land owner that they have given permission to film on the premisses. A location release should be filled out before filming starts and will give details into the location , rights of access and sometimes will also include a time frame in which you our allowed to access the premisses. Depending on the production Compensation can be given to the property owner, for example if you shoot in a cafe you could include the that business in the credits of the production.
What are the rules about a. filming and b. performing in public in the UK?
There is no law in the UK that stops anyone from filming in a public place unless it causes an obstruction to the public. If approched by the police about the filming explain to them what the production is about and what the shoot is about and if they make any request its probably best to follow them. Although its fine to film anyone in a public space its adviced to avoid focusing in on someone that hasn't given full consent to being filmed. Police also do not have the power to delete already captured footage without a court order.
How might child labour laws impact the creative industries?
Even though children cant work a part-time job until they our 13 but there is an exception if they our doing an acting role in things like television, theatre and also modelling. Children working in productions or shoots will need a child performance licence if they our under the school leaving age, to obtain a license you have to apply for it through the child's local council. Once a child has reached 16 in England they do have to stay in some form of education but a creative company could take them on as an apprentice to get around being in education but they can only up to 40 hours per week. once a child becomes an adult at 18 its much easier and normal employment rights and rules apply.
What is public liability insurance?
Public liability insures covers all businesses that pay for it. It protects against injuries or property damage if a compensation claim comes in. often it covers you on your own premises as well as when you'r working at a clients premises.
What is GDPR?
General data protection regulations is an EU law that came into effect on May 25th 2018. Companies legally have to keep data save and GDPR was brought in to hold companies accountable if any data was stolen. GDPR is a set of guidelines that tells businesses what they can and cant do with personal data. If your found to have done something that has broken GDPR then you can be up to €20 million ($23 million) or 4% of annual global turnover.
The Competition Act 1998 :
The Competition Act 1998 prohibits any agreement, business practice or conduct which has, or could have, a damaging effect on competition in the United Kingdom. This includes abuse by a company which uses its dominant position in a way that harms competition.
The Enterprise Act 2002:
The Enterprise Act 2002 is a key piece of UK legislation involved in the effort to enforce competition law and crack down on anti-competitive behaviour conducted by businesses in the UK. The Competition and Markets Authority (CMA) is responsible for enforcing the Enterprise Act 2002 across the UK. It is important for organisations to be aware of this legislation and what it demands from them regarding their business conduct. If your organisation does not become aware of the Enterprise Act 2002, there is potential for severe consequences.
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