LO2: Starter Task

What does COEI stand for?

Constraints
Open
Explicit
Implicit

LO1: Types of Requirements

Constraints - Limitations (cost, legal, ethical, timescale)
Open - Freedom of ideas / Decisions
Explicit - Clearly stated and must be met
Implicit - Implied / Suggested

Implicit and open are where you will give your client feedback and can help them to improve. Suggesting ideas to the client.

LO1: Ethical Issues

Ethical Issues

Ethical issues are morals that are not against the law BUT could be deemed offensive to a certain group of people. Media products need to represent ALL and not alienate people or discriminate against them. Discrimination could be against appearence, ethnicity, sexuality or religion. This means doing th eright or moral thing. Ethics is concerned with what is good for individuals in sociey. It also shouldnt cause offense or disturb thouse who use it.

Consequences of not being ethical:

• Damaging your representation
• Product could be banned or not shown to an audience
• Law suit (depending on the seriousness) 

The models shown on the ASOS website represent many different ethnicities, this means that ASOS is addressing and recogning that models of different ethnicities arent being recognised enough in the fashion industry. ASOS dont want to be appearing to only represent one type of ethnicity as this means that more peopke are being represented so they will appeal to a larger audience. This will mean that they will create more profit. The models included are of all different shapes and sizes, this can show that the clothes that they sell are marketed to all so that people can wear the same fashion no matter what size you are. Not everyone is wearing the same clothes as ASOS sell a range of different styles to suit a range of different people. This means that they will have something to suit all. The clothes you choose are part of your individuality and ASOS want to help you express yourself. The models in the middle is the skinniest, this is where your eyes are drawn to first, this means that not all ethical issues are being addressed. This is a flaw in the picture and how the picture have been composed. There could be more diversity aswell as there is not a range in the ages of the people in the model and there is no representation to people of religion or people with disablities etc. There are many stereotypes in the picture as the black lady has afro hair which is very stereotypical as well as the way that she is wearing a tiger print dress which shows that she is fierce, loud and in your face. The model on the right has large hoop earing and has an angry expression, this is very stereotypical of a particular ethnic group. The asian lady looks unique and is dressed very androgynous this is typical of this ethnic group. All of the clothes show off a lot of skin and the dresses are very short, this could influence younger people who want their ideal self. The models are impressionable for a younger teen audience. The materials used in the clothing could be an ethical issue as they could be made of animal skin which many people do not agree with and protest against.

You have been asked to create an educational video game aimed at 8-12 year olds about healthy eating. What could be the ethical issues with this and how could they be addressed. 

There needs to be access to the product, not everyone has a console to play the video game on so the game would need to be accessible on different platforms such as on a phone or a computer. This means that more people would be able to have access to is so more children would be educated. People may have different dietery requirements, the game could include different options so that it is inclusive to everyone no matter the requirements. Some religions dont eat certain things like muslims only eat halal meats and dont eat pork. The children should be educated on what other people can and cant eat and there should be alternatives given. There could also be an issue in eating unhealthy and body image so not everyone who is fat eats unhealthy and vice versa. This could be made sure that it isnt an issue by including characters of different weights and showing them excerise so that people know that they should be excersising. There needs to be a variety of excersises as not everything can do the same thing due to physical disablities etc,  it would also need to show parental
guidence due to the age range for the game. There need to be different races and ethnicities included as Language used in the game cannot be complicated, the language needs to be simple with the use of lots of visuals such as photos & animation. Sound and colours would also make the information easier for them to understand and engage them. There are also language barrirs so the game could include subtitles or make the game all visuals and audio.

This is a banned advert which has many ethnical issues with it. The bottle is place in a suggestive place which could be representing the "deflowering of a women". The model at the time was 15 so she was underage. She is shown to be very suggestive which is an issue for teens due to her being a role model to them.

LO1: Regulatory Bodies

Regulators or regulatory bodies view and assess the suitability of content for different media products.It is important in pre-production as the producer needs to make sure that no laws are being broken so that they know what audience the product is suitable for. This is a legal requirement. Regulatory bodies create policies which the producers can follow so that they aren't being broken and therefore being illegal.

All regulators are independent so that they are impartial and it does not influence them.

Regulatory bodies:

• ASA - Advertising Standards Authority 
• BBFC - British Board of Film Classification
• PEGI - Pan European Game Information 
• OFCOM - Office of Communication 
• PRS - Performing Rights Society
• IPSO - Independent Press Standards Organisation 
• W3C - World Wide Web Consortium 

LO1: Legal Issues Research Task

TV production

Paul O'Grady Show is a talk show, this means that many things need to be thought about and addressed in the pre-production stage of the program. The legal issue of Slander would need to be thought about due to the show being live which means that the people on the show that are being interviewed, and Paul O'Grady himself, need to be careful about what is being said. During the show Paul O'Grady reads out viewers' letters, sometimes with disgust at the things viewers have sent, this however could cause problems because if anything too negative or offensive is said, it could be a problem in the future for the person. Especially if the thing is untrue. Celebrities also get interviewed which would be something that faces the same issues however on a much larger scale as a celebrities have a larger reputation which could get ruined. Also the Data Protection Act need to be thought about in the pre-production stages because the celebrities that feature on the talk show need to have their sensitive data protected. The producers of the show would need to make sure they adhere to the "codes of practice" set by the regulatory body, OFCOM. The Office of Communication, along with the help of the public, have do decided on whether the content in a program is appropriate or not for children. Due to the explicit content of the Paul O Grady show, the program has to be aired after watershed. This is so that there isn't any public complaints which would have to be addressed by the broadcaster responding with a written apology. Ethical issue could arise due to representation on the program. The program needs to not discriminate or alienate people and be able to represent all. This could become an issue if there is not enough people, if any, from a minority background such as a minority ethnic group. This could be resolved however by getting celebrities that could represent different minority groups, and putting them on the program.

Social Media Campaign

Donald Trump uses social media to campaign about his political views. Trump is known for racism, homophobia and many other offensive things. However if he wrote something that contained bad or false information about a person it would be Libel. This can affect the reputation of a person and it could cause lots of very negative consequences for them. If Trump did this then he could potentially face imprisonment. The Data Protection Act is also something that Trump needs to adhere to. This is that all personal data must be kept safe. Some information that Donald Trump may have about others individuals could be classed as private information, this could be things as simple as making sure that data like the bank details or names and addresses of people that work for him. The Freedom of Information Act is an act that allows the public to have the right to information that is held by the pubic authority. This could be information such as the taxes that Trump pays or his wage could be requested by the public and result in the information having to get shared. W3C are regulators that set their own guidelines on the type of context that should get published online. This means that Trump could post something that may not be seen as 100% okay to put online however he would be able to get away with it due to the web being classed as a place for “free speech”. Also so much content is posted each day that it wold be impossible for the World Wide Web Consortium to be able     to regulate and monitor it all.

Digital Animation

Dreamwork is an animation company. During the pre-production stages of creating their digital animations, they will need to think about and address certain legal issues. DreamWorks would need to make sure that they are not using different company’s works and breaking intellectual property rights. This is making sure that a person or company is given the rights for their intellectual property. A company like DreamWorks would need to makes sure that they are not at risk of being under copyright infringement. This could be due to their product being similar to one of their competitor companies such as Disney, and making sure that they are not copying different company’s ideas. If they do break intellectual property rights it could cause delay on the launch of their products. DreamWorks also needs to make sure that they follow the Copyright, Designs and Patents Act. The act allows creators of products to control how their work is used. This would be used by DreamWorks as it allows them to copyright things such as their characters so that they can control how these are used. However they would also need to make sure that they were following it too as they would not be able to release an animation if it included something such as copyrighted music or if it was based on a book that wasn’t in the public domain. The producers would need to choose an age certificate for the animation to be, this needs to be chosen in the pre-production stages of the animation so that content can be edited before it is final. Films are regulated by the BBFC, they confirm the age certificates put in the film by showing screening of the films. Animations created by DreamWorks are usually of a U or PG certificate as they do not contain any explicit content, this means that the animation is suitable for a younger audience and appeals to a wider market. Ethical issues that could be seen as a problem in an animation could be to do with the lack of representation of different groups. This could be resolved by creating characters of different races, religions and showing different sexualities in the film however even though this educated, young children may get confused by these different things so characters that are none human could be used instead, like animals.

Radio Production

The BBC is radio Production Company. Many radio shows are live so before they are aired certain things need to be planned to be said or to not be said. Radio shows need to be careful to not use slander when they are on air as this is a legal issue. If the presenter says a false spoken or damaging statement against someone then it is slander. The BBC could have their reputation ruined if something was said that was giving someone a bad name, this could happen is something is said on air about a past radio presenter that worked for the BBC. Due to the nature of radio, anything said live would not be able to be taken back or edited out so it could be very damaging. Slander would ruin the reputation of the presenter and the BBC. The regulatory body, PRS, make sure that artists are recognised for their work. This regulatory body would need to be in place for radio as if the BBC used any musicians work on the radio the Performing Rights Society would need to collect the profits from the BBC for the music being played on air. The BBC have to make sure that everyone is represented, it would be an issue if the radio shows only played one type of music in on language as this would alienate and isolate people. However the BBC has many different radio channels that play a range of different styles and genres of music. There are also channels such as BBC Asia which include music and languages that would appeal to certain ethnic groups.

Graphic Novel

Marvel creates Graphic Novels. Marvel need to follow the Copyright, Designs and Patents Act. This allows creators of things such as the characters shown in the comics to be protected and lets the company, Marvel, choose how these characters are used. This could also be for other things such as the places characters are from like kryptonite. They would also have to stick to this however, not using other companies work without their permission as if they did it could mean that they have to hand over all the profits made and pay for the damages. Libel could also be breached in a comic if information that is false or true is written about a person which cause their reputation to be ruined. There could be a “character” created to actually be a person in the public eye and they could create a bad reputation for the person by being defamatory about them. Editors of the Marvel Graphic Novels will have to adhere the “Editors Code of Practice” along with Libel. This is that written content in the comic isn’t offensive and is suitable to be published. All magazines, comics and newspapers are regulated by the Independent Press Standards Organisation. It is the public however who are the ones that will complain and report anything that they deem offensive to IPSO who will then investigate and address. Marvel Comics may not represent all as the superheroes may not be a mix of different genders, ethnicities or include any superheroes or character that are shown to have a disability. Marvel could stop this from being a large ethical issue however by creating a range of different character that come from a range of different backgrounds to show how the Graphic Novels represent all. This will make sure that people like ethnic minorities do not feel alienated or discriminated against. They instead feel included.


Digital Photographic Production

Lara Jade works in digital photographic production. She has a blog and due to the written nature of this it means that she needs to stick to Libel. She cannot write anything that is untrue or contains bad information about another person as this could ruin their reputation. If she does not adhere to this then she could get fined and it will ruin her reputation and affect her future career as well as many other consequences. She also needs to make sure that all of the pictures that she uses aren’t copyrighted or are her own so that she doesn’t break the Copyright, Designs and Patents Act. This can be broken by using other peoples work in a way that they do not approve off which could create profit for you instead of the actual creator, The CDPA will also protect her photography as well as is means that no one can steal her work either. Lara Jade needs to make sure that she adheres to the “codes of practice” set by the ASA. She has an advertising section on her blog so she will need to follow the “rules” that are set so that her adverts do not face consequences. The Advertising Standards Authority work on behalf of the public to regulate adverts. If the public complain and the ASA find out that the “codes of practice” were not adhered to then the adverts could get taken down. Lara Jade could face some ethical issues as her digital photography production may be seen as isolating or alienating to certain minority groups as she specialises in fashion and if models of different skin colours, shape and sizes aren’t used then it could be seen to be discriminatory. Lara could stop this from happening by allowing a range of very different models to wear all different style clothes to make sure that people feel represented by her work. Models that have physical or visible disabilities could also be shown to appeal to even more minority groups.                                                           

LO1: Legal Issues - FOR THE EXAM

Legal Issues - FOR THE EXAM

Freedom of Information Act 2000

Intellectual Property Rights

Data Protection Act

Copyright, Designs and Patents Act 1988

Libel 

Slander

LO1: Legal Issues

Legal issues are something that is required by the law. If you do not follow this then it is illegal.

Legal issues that would need to be considered in the pre-production stage of making a product:

• Copyright- when a company have rights or ownerships of an idea/invention. You need to get permision to use their intellectual property. 
• Patented- when an invetion is legally not allowed to be copied
• Plagerism 
• Filming on private land without permission from the land owner
• Age ratings- BBFC (British Board of Film Classification) are the people that come up with the age ratings for films. It is a legal rquirement due to some of the images being sensitive. The age ratings make sure that content is apropriate for the audience. 
• Trademark- Logos or branding. 
• Fair Usage
• Terms and conditions with products

Consequences of not adhering to legal issues:

• Fines- The amount you will get fined depends on the seriousness and also the loss of profit if the product had been meant to be sold. 
• Sued- Taken to court
• Prosecuted- Taken to prison due to what has been done

How permisions can be gained: 

• Contact them 
• Set up a meeting to get their permissions
• Email and ask for permissions
• Sign a contract- sign,date and agree to terms and conditions
• Letter
• Skype call
• Phone call

Freedom of Imformation Act 2000

Definition of what it means

Three reasons why it is important. What are the consequences of not ahering to this law?

Find an example of where this legal issue was breached

How does this law effect pre-production of a media product? Give examples

Data Protection Act 1998

Definition of what it means
The data protection act establishes a data protectun law that comprimises various rules governing the colletion, use, discolosure and care of  personal data.
All your perosnal data like age, gender, address and bank details must be kept safe, not kept longer than necessary and not transferrred to other countries.

Three reasons why it is important
Its imporntan because they need to protect the privacy of people and company informantion. It can help people with dementuia because it keeps all thir perosnal data safe. It is reassuring to know that our personal data is safe and isnt being used by anyone who we dont know about. Agreement to the company having your details are in the terms and conditions.

What are the consequences of not ahering to this law?
Monetary pentalty noti ces (requiring someone to pay a penalty under 500k)
Prosecutions
Enforcement notices (to remedy a breach of planning legisttation)
Audit (an officion inspection of the company)

Find an example of where this legal issue was breached
One example of when the law was broken was when sony was fined £250000 over a preventable playstation data hack. They were critisised for not having up-to-date security software. Electonic origins messing something up. People got access to the accounts and bank details of people on the network.

How does this law effect pre-production of a media product? Give examples
It requires you to handle personal data carefully so you dont ruin anyones state of mind. If thee law was not in place, pre-production could violate peoples privacy and eventuallu lead to the pre-production taking a lot longer. Staff who work as part of the pre-production company needs to keep their details safe as well as the customers data and any information about any companies they are working with.

Intellectual Property Rights

Definition of what it means
Intellectual property rights are the rights given to a person or company for their intellectial property. Intellectual property rights cover things like music, dilms, literature, discoveries, inventions or anything that is classed as intellectual property.

Three reasons why it is important

It keeps businesses and individuals to focus on research and development more. It sets the business away from competitors. Provides protection of the idea to keep it secret so stealing the idea wouldn't be possible without consquences. Personally you dont own the rights, the company owns the rights of the intellectual property. 

What are the consequences of not ahering to this law?
Violation of the intellectual property rights can be a breach of civil or criminal law and depending on the intellectual property that was stolen depends on the size of the penalty or fine.

Find an example of where this legal issue was breached

The hangover part 2. The tattoo artist of Mike Tyson's famous tribal eye tattoo, claoimed the use of his design in the film without this consent was copyright infrindgement. He decided to obtain a copyright for the design a few weeks before the release of the film. Warner Bros found it as a parody under fair use and in the end both the tattooist and the compajy decidee to leabe it on and agreement of undisclosed terms, 

How does this law effect pre-production of a media product? Give examples
It determines whether or not a particular use is fair. Making the pre-production stage for the media production under risk of possible copyright infrindgement. Can effect time scales and delay the launch of a producnt. 

Slander

Definition of what it means
The action or crime of making a false spoken stamtement that is damaging to another persons repitiation. It is a civil wrong and could be the basis of a law suit. Making a false and damaging statement about someone to give them a bad name and to campaign against them. Talkshows need to be careful along with magazine interviews  or radio.

Three reasons why it is important
It is important because if you are taken to cort over slander it could lead to very bad and damaging problems for you, your business and many other people. More improtantly if you are urnning a large conglomerate corpotaion it will ruin your reputation, business and have an effect on your profit.

What are the consequences of not ahering to this law?
Lgal consiquences and perosnal consequences. Slander is a very good reason o take soemone to court, which is a good thing if someone has made flase comments about you or your company, but not so good if your the one being aken to court. It is treated as a crime rather than a civil wront. A court case could lead to a fine, prosecution, or uou/your business could be made bankrut to pay the damages. The money doesnt really help thoy=ugh because the word is out there now whihc oculd be the reason it is deamed so serious,.

Find an example of where this legal issue was breached
Tom curise took a gay porn star to court as the porn star claiment to a French magazine that he and Tom Cruise had an ffair, this apparently the reason to the marriage between Cruise and Nicole Kidman. Fortunately the Cruise slander case in court, this meaning that the lying porn star actor payed Tom Cruise $10 million.

Before he was presideng, Donald Trump sued the world famous Miss Universe pageant after they cut ties with him due to reports of him being racist. He was accused of saying about Mexicans that "they are all rapists". He took them to court for slander and get $500 million dollars.

How does this law effect pre-production of a media product? Give examples
This would effect the overall pre-production and prodduction of the media product, if you are charged with slander it could lead tosponsers withdorawing funding for pre-production to start and this will mean there could be no product to plant for or product.

Libel

Definition of what it means
A piece of writing that contains bad and false information about a person. Defmotory about someone but libel is written.
Three reasons why it is important
Exposes a persons hatred, shame, disgrace or ridicule. It effects a persons reputuation or causes the person to be shunned or avoided. It also effecs the person in his or her occupation.

What are the consequences of not ahering to this law?
Fines up to $20000.
Community sevice
Sued (CameronDiaz sued Sun Newspaper)
Prison sentences (Libel committed on Twitter, Facebook)

Find an example of where this legal issue was breached
Davis Becham. The footballer tried to sue a US magzine for claims that he had an affair witha  former prostitte. In court papers Becham had been visiting his sick father inEngland at the time of the alleged affait. David was unable to win the court ruling and his $25 mnillioon clame was dismissed by a US federal judge.

How does this law effect pre-production of a media product? Give examples
Since Libel effects reputation if a companies reputatuion is ruined before production is underwauy it wil deplete slaes and refine funds from sponseors.

Copyright, Designs and Patents Act 1988

Definition of what it means
The copyright, designs and patents act 1988 DCPA is an act that allows creators of products such as music and literary to control how their work is used. It does not protect your idea, but it protects the actual content of your property.

Three reasons why it is important
The act us important because it prevents the owner's work from being used in ways that they do not approve by the creators. Permition is needed. It also allows the author to be recognised as the owners in distorions of their work. The purpose of the CDPA is to make sure that peopkle dont use individuals work without their permision

What are the consequences of not ahering to this law?
Make you hand over all your profits made
Orders to pay for damages
Orders ti stop broadcasting

Find an example of where this legal issue was breached
Napster was a music sharing website most popular in 1999. People could share music with eachotehr for free. 2 years later Napster was involved in a joined lawsuit with vvarious record companies who didnt like the large scale distribution of their music which resullted in them loosing a lot of money. Napster lost the lawsuit and was forced to pay $26 million in damages and was foced to shut down.

How does this law effect pre-production of a media product? Give examples
Media product such as a film needs to make sure that it doesnt release with copyrighted material. Thiis could be music in the film or if the whole film is based on a book which isnt in the public domain.