Task 5: Legislation and the creative industries
Intellectual Property
IP, which stands for Intellectual Property, is a category in which it refers to a creation that is made by someone, these creations can be from brands, products, designs, literature, appearance and many more. Intellectual Property can be split up into various types which are; Copyright, Patents, Trademarks and Trade secrets. Example of intellectual property is the company, Nike, is highly against counterfeit versions of their products/brand which is usually misspelt ‘Nkie’ so it can dodge a lawsuit, however these fakes cannot be sold on the market due to copyright infringement, even with it being misspelt.
Intellectual Property is important for my business as I don’t want to make something similar like a logo, name or design to someone else’s business as that would be copying and would most likely lead to a lawsuit, which is definitely something I want to avoid.
Copyright (creative pieces, i.e., written work, moving image work, music, etc.)
Copyright is a variety of intellectual property in which an owner has the exclusive right to duplicate and distribute any creative piece of work (such as movies, television series, characters and books as examples), within a limited time-frame. If someone who is producing the copyright owner’s work without permission or ownership, can lead to lawsuits being made. Example of a copyrighted piece of media; the domain of the widely known character and franchise of Winnie the Pooh is a copyrighted piece since Disney bought out back in the 1960’s, while you cannot use Disney’s version of the characters, since the 2020’s, you are open to use any characters from the original novels created by A.A Milne as it’s public domain.
I do think that copyright is essential for my business as I would need to read into it more so I don’t risk getting sued if I used a piece of work that isn’t in public domain and if that scenario ever happened to my business then it would have a massive negative impact on the business as a whole.
What are the rules about a. filming and b. performing in public in the UK?
The rules about filming in public in the UK is that you must ask permission if a person wants to be filmed as someone may not feel comfortable with being filmed or can’t be for a specific reason. Meanwhile, the rules about performing in the public in the UK is that you cannot play any copyrighted material (whether that be recorded or performed live) without a licence, or otherwise you would indefinitely be sued for damages. Though if you play music/perform something that’s original or is royalty-free, you don’t need a licence since you technically own what you are performing or it’s for public use.
This would not affect my business and what we do as since it’s an animation business, no filming and performing out in public is needed.
How might child labour laws impact the creative industries?
For how child labour laws would impact the creative industries is that children (aged between 13-17) can do 40 hours a week at the maximum and only doing part-time work within the creative industry, this also means they can do anything that could be a instant danger to them such as heavy lifting of equipment to interacting with hazardous items. It’s only when they reach 18 years of age, that’s when adult laws apply to them.
This is important to my business to abide by these laws since I do not want to employ anyone who is underaged, as it would be too much pressure on a child to do this type of work full-time and in a professional, timed environment (and also it’s inhumane and illegal to do so) and with that, it would also damage the reputation of the business.
What is public liability insurance?
Public liability insurance is for businesses of any size that can cover the claims given by clients who could have possibly been injured or have property damaged due to practices in your business specifically. Without this insurance can lead to possible bankruptcy if someone pushes to sue the business.
I think this is important for my business as despite not being an active business (like equipment wise), it’s useful to have so if someone did sue for reasons, then it would protect my business from going bankrupt.
What is GDPR?
GDPR stands for General Data Protection Regulation and what it is, is a privacy and security law within the EU (and this includes the UK as well) that protects public data from organisations so it makes sure it’s used in a fair manner and legally, an example of this is when apps or websites ask for permission to use your data to tailor specific advertisements before use of that service. This law was first enforced in 2018.
It’s not a huge worry for my business as we don’t plan to collect any data from the public, as it could possibly breach people’s privacy, though we might get the data from clients but that’s mainly for information reasons when enquiring/commissioning.
What is The Competition Act 1998 and the Enterprise Act 2002?
The Competition Act 1998 is an act that deals with a framework that’s used to identify and restrict any damaging business practices meanwhile the Enterprise Act 2002 is an act of the UK Parliament where it tightens the control of competition between businesses/companies and to put in place to respect mergers and to help change with bankruptcy and the payment of debt. Both of these acts co-aside each other.
IP, which stands for Intellectual Property, is a category in which it refers to a creation that is made by someone, these creations can be from brands, products, designs, literature, appearance and many more. Intellectual Property can be split up into various types which are; Copyright, Patents, Trademarks and Trade secrets. Example of intellectual property is the company, Nike, is highly against counterfeit versions of their products/brand which is usually misspelt ‘Nkie’ so it can dodge a lawsuit, however these fakes cannot be sold on the market due to copyright infringement, even with it being misspelt.
Intellectual Property is important for my business as I don’t want to make something similar like a logo, name or design to someone else’s business as that would be copying and would most likely lead to a lawsuit, which is definitely something I want to avoid.
Copyright (creative pieces, i.e., written work, moving image work, music, etc.)
Copyright is a variety of intellectual property in which an owner has the exclusive right to duplicate and distribute any creative piece of work (such as movies, television series, characters and books as examples), within a limited time-frame. If someone who is producing the copyright owner’s work without permission or ownership, can lead to lawsuits being made. Example of a copyrighted piece of media; the domain of the widely known character and franchise of Winnie the Pooh is a copyrighted piece since Disney bought out back in the 1960’s, while you cannot use Disney’s version of the characters, since the 2020’s, you are open to use any characters from the original novels created by A.A Milne as it’s public domain.
I do think that copyright is essential for my business as I would need to read into it more so I don’t risk getting sued if I used a piece of work that isn’t in public domain and if that scenario ever happened to my business then it would have a massive negative impact on the business as a whole.
Trademarks
Trademarks is another variety of intellectual property which consists of something recognizable (e.g. a logo design) which reflects a service or product and defines it from any other businesses/people. The way to tell what is a trademark is usually by a registered trademark, symbolised using ‘®’ or by just the initials of trademark being ‘™’.Example of a trademark; the image of the Starbucks (the two-tailed siren) and McDonalds (the golden arches) are both trademarked images so therefore if used by a company that isn’t there’s, they have the right to pursue a lawsuit.
Trademarks are probably important to my business as if I want to make my branding stand out more, I could possibly trademark the name or the logo to assure it’s different and can’t be used from and by other businesses.
Trademarks is another variety of intellectual property which consists of something recognizable (e.g. a logo design) which reflects a service or product and defines it from any other businesses/people. The way to tell what is a trademark is usually by a registered trademark, symbolised using ‘®’ or by just the initials of trademark being ‘™’.Example of a trademark; the image of the Starbucks (the two-tailed siren) and McDonalds (the golden arches) are both trademarked images so therefore if used by a company that isn’t there’s, they have the right to pursue a lawsuit.
Trademarks are probably important to my business as if I want to make my branding stand out more, I could possibly trademark the name or the logo to assure it’s different and can’t be used from and by other businesses.
What are talent releases?
Talent releases are a legal piece of paperwork that is filled in by a person who is featured in a piece of media (e.g. actor in a movie). The paperwork can feature areas to fill in such as; name, contact details (emails and phone numbers) and the signature of both talent and you as a witness. Sometimes if the talent is under the age of 18, then one of the parents/guardians would have to write down their details. This is used for legal reasons as it shows the talent being filmed has consented to you using their image in your production.
Talent releases would be useful for my business since if someone wanted to lend their voice to a character in a short film for example, then most likely a talent release would have to be filled out as permission for using their voice and possibly their image (promotional only).
What are location releases?
Location releases are a legal piece of paperwork that is used to give direct permission from the owners for using their location/land to filmmakers when they film in an area. The releases feature; the filmmaker’s name (or someone who is scouting location for them), the location they want to film at, the production’s name, the times and dates they want to film on, this also includes the the signatures, names, title, address, phone number of the location’s owner and the date it was signed. Without a location release, it can lead to a possible lawsuit by the location’s owner since it is a legal requirement to do ask and sign permission for it to be used and also it assures that the location you would use would be free to use by the written time on the release or otherwise this could lead to filming interruptions and distractions such as the public and possible events.
I don’t think location releases are useful for my business since it’s animation, I don’t think it’s likely that I’ll need to film at a location.
Talent releases are a legal piece of paperwork that is filled in by a person who is featured in a piece of media (e.g. actor in a movie). The paperwork can feature areas to fill in such as; name, contact details (emails and phone numbers) and the signature of both talent and you as a witness. Sometimes if the talent is under the age of 18, then one of the parents/guardians would have to write down their details. This is used for legal reasons as it shows the talent being filmed has consented to you using their image in your production.
Talent releases would be useful for my business since if someone wanted to lend their voice to a character in a short film for example, then most likely a talent release would have to be filled out as permission for using their voice and possibly their image (promotional only).
What are location releases?
Location releases are a legal piece of paperwork that is used to give direct permission from the owners for using their location/land to filmmakers when they film in an area. The releases feature; the filmmaker’s name (or someone who is scouting location for them), the location they want to film at, the production’s name, the times and dates they want to film on, this also includes the the signatures, names, title, address, phone number of the location’s owner and the date it was signed. Without a location release, it can lead to a possible lawsuit by the location’s owner since it is a legal requirement to do ask and sign permission for it to be used and also it assures that the location you would use would be free to use by the written time on the release or otherwise this could lead to filming interruptions and distractions such as the public and possible events.
I don’t think location releases are useful for my business since it’s animation, I don’t think it’s likely that I’ll need to film at a location.
What are the rules about a. filming and b. performing in public in the UK?
The rules about filming in public in the UK is that you must ask permission if a person wants to be filmed as someone may not feel comfortable with being filmed or can’t be for a specific reason. Meanwhile, the rules about performing in the public in the UK is that you cannot play any copyrighted material (whether that be recorded or performed live) without a licence, or otherwise you would indefinitely be sued for damages. Though if you play music/perform something that’s original or is royalty-free, you don’t need a licence since you technically own what you are performing or it’s for public use.
This would not affect my business and what we do as since it’s an animation business, no filming and performing out in public is needed.
For how child labour laws would impact the creative industries is that children (aged between 13-17) can do 40 hours a week at the maximum and only doing part-time work within the creative industry, this also means they can do anything that could be a instant danger to them such as heavy lifting of equipment to interacting with hazardous items. It’s only when they reach 18 years of age, that’s when adult laws apply to them.
This is important to my business to abide by these laws since I do not want to employ anyone who is underaged, as it would be too much pressure on a child to do this type of work full-time and in a professional, timed environment (and also it’s inhumane and illegal to do so) and with that, it would also damage the reputation of the business.
What is public liability insurance?
Public liability insurance is for businesses of any size that can cover the claims given by clients who could have possibly been injured or have property damaged due to practices in your business specifically. Without this insurance can lead to possible bankruptcy if someone pushes to sue the business.
I think this is important for my business as despite not being an active business (like equipment wise), it’s useful to have so if someone did sue for reasons, then it would protect my business from going bankrupt.
What is GDPR?
GDPR stands for General Data Protection Regulation and what it is, is a privacy and security law within the EU (and this includes the UK as well) that protects public data from organisations so it makes sure it’s used in a fair manner and legally, an example of this is when apps or websites ask for permission to use your data to tailor specific advertisements before use of that service. This law was first enforced in 2018.
It’s not a huge worry for my business as we don’t plan to collect any data from the public, as it could possibly breach people’s privacy, though we might get the data from clients but that’s mainly for information reasons when enquiring/commissioning.
What is The Competition Act 1998 and the Enterprise Act 2002?
The Competition Act 1998 is an act that deals with a framework that’s used to identify and restrict any damaging business practices meanwhile the Enterprise Act 2002 is an act of the UK Parliament where it tightens the control of competition between businesses/companies and to put in place to respect mergers and to help change with bankruptcy and the payment of debt. Both of these acts co-aside each other.
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