Task 5 - Legalisation and the Creative Industries

Intellectual Property

Intellectual property (IP) are original creations people have made, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce.

IP is protected in law, some examples of these laws are patents, copyright, and trademarks. These enable people to earn recognition or financial benefit from what they have created. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to care for an environment in which creativity and innovation can thrive.

There are multiple types of Intellectual Property, these include:

Copyright
Patents
Trademarks
Industrial Designs
Geographical Indications
Trade Secrets

Copyright

Copyright is a legal term that is used to describe the rights that creators have over their works. Copyright ensures that if you create something like a piece of music or a film, you own that material. This means that if people try to use your material without permission, they won't be able to make money out of the material you used because you own the copyright law to it.

Literary Works - Books, Novels, Plays, Reference works, Newspapers, Computer programs, and databases
Films, Musical Productions, and Choreography
Artistic Works - Paintings, Drawings, Photographs, and Sculpture
Architecture
Advertisements, Maps, and Technical drawings

There are 2 types of rights that can earn through Copyright, These are;

economic rights - This allows the rights owner to derive financial reward from the use of their works by others.
moral rights - This protects the non-economic interests of the author.

Most copyright laws state that the owner has the economic right to authorize or prevent certain uses in relation to their work or, in some cases, to receive remuneration for the use of their work (such as through collective management). The economic rights owner of a work can prohibit or authorize:

Reproduction in various forms, such as printed publication or sound recording
Public performance, such as in a play or musical work
Recording, in the form of compact discs or DVDs
Broadcasting, by radio, cable, or satellite
Translation into other languages
Adaptation, such as a novel into a film screenplay.

Trademarks

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the trademark office and paying the required legal fees. At the international level, you can file a trademark application with the trademark office of each country in which you are seeking protection.

There are a variety of things that can be trademarked like words, letters, and numbers. But Trademarks may also consist of;

Drawings
Symbols
3D features - the Shape and Packing of goods
Non-visible signs - Sound and Fragrances
Colour shades

What are talent releases?

A talent release form is a required document that gives you permission to distribute and sell your video or film with the permission of your talent. Talent release forms are typically signed before you use your talent in your video/film, so they have given permission for you to use them in your production.

Talent release forms are pretty straightforward - You sign them with your name and your age (If you are under the age of 18 you must have your parent or guardian sign it for you).

What are location releases?

Location releases are required forms that will grant you permission to fill in specific areas, public spaces owned by the government like public parks, roads or beaches or specific private locations. If you're filming a movie, these are essential to be created and signed as you have to depend on the location of where you're filming and you need to have that permission from the owner of the location you're wanting to film at.

What are the rules about a. filming and b. performing in public in the UK?

There are various regulations about filming/performing in UK Public spaces, all to do with the location you're filming at, who/what is in your film and what you're using for it. Here are some of the people you can talk to when filming in public:

Local Authorities - You can ask permission to film in public areas with the local authority or council of the area that you're filming in. They are responsible for public land, public buildings, roads, and parking.

Police - You'll need the full cooperation of the local police force if you plan to film on a public highway or use special effects, explosives, or firearms (including replicas). You will also need permission to portray uniformed police officers or marked police vehicles on film. It's recommended that you inform the local police force in writing of any planned filming within its jurisdiction.

Filming on Public Roads - Before filming on a public road you must contact the local police and the Highways Department of the local authority. Both will need to make sure that your plans are safe and pose no threat to road users. If you plan to stage any stunts in your film, It is required that you get a stunt coordinator involved. You will need details of the safety conditions covering any tracking vehicles you hire and also find out what permissions and rights clearances have been granted at the location.

How might child labour laws impact the creative industries?

Child labour laws potentially make the most impact in creative industries, mainly Film, TV, and Theatre as these are the sectors where you will find child actors. Child actors are required to have a performance license if they are under school leaving age, as well as;

films, plays, concerts, or other public performances that the audience pays to see
any sporting events or modelling assignments where they're paid

This license is acquired by the person in charge of the event from the child's local council. The child will also require supervision by a parent, tutor, or a chaperone approved by the council.

There are also many restrictions on child employment that all employers need to be aware of, these are;

Children can't work in places such as factories or industrial sites
Children can't work during school hours
Children can't work before 7am or after 7pm
Children can't work for more than one hour before school (unless local bylaws have allowed it)
Children can't work for more than 4 hours without taking a break of at least 1 hour
Children can't work in any environment that may be harmful to their health, well-being, or education

What is public liability insurance?

Public liability insurance (PLI) can protect your business against compensation claims and their legal costs if you cause any damage or injury to a third party (e.g. a client, customer or member of public) and their property. It can cover legal costs defending claims and pay compensation if your business is found to be at fault.

PLI can cover many occupations, such as;

Builders
Hairdressers
Manufacturers
Retailers
Event Organisers
Licensed traders

What is GDPR?

GDPR stands for General Data Protection Regulation, which was made from the Data Protection Act (DPA) in 2018. This means that people have the right to know what information the government knows and stores about you, these include the rights to;

being informed about how your data is used
access to personal data
have incorrect data updated
have data erased
stop or restrict the processing of your data
data portability (allowing you to claim and reuse your data for different services)
object to how your data is processed in certain circumstances

There are also some rules that everyone responsible for using personal data must follow. They must make sure that information is used fairly, lawfully, and necessary.

There is also stronger legal protection for certain pieces of information such as race, political opinions, sex life, genetics, religious beliefs, etc. This is why it's very important for people's data to be used only when absolutely necessary and your intentions for the use of this data must be explained.

What is The Competition Act 1998 and the Enterprise Act 2002?

The Competition Act 1998 prohibits any agreement, business practice, or conduct that both has or could have a damaging effect on competition in the UK. This prevents businesses from;

Abusing its dominant position in the market to put harm to other businesses (e.g. manipulating customers into buying your products
Merging with other businesses that will substantially lower competition
Making anti-competitive agreements (e.g. agreeing to sell the same products at the same price as another business)

The Enterprise Act 2002 has a similar purpose to the Competition Act. It is an Act of the Parliament that made major changes to UK competition law with respect to mergers and changed the law governing insolvency bankruptcy (unable to pay debts). It also made cartels illegal which would result in spending a prison sentence of 5 years maximum.

Websites used:

https://www.wipo.int/about-ip/en/

https://www.wipo.int/copyright/en/

https://www.wipo.int/trademarks/en/

https://www.premiumbeat.com/blog/free-talent-release-form-film-video-productions/#:~:text=A%20talent%20release%20form%20is%20a%20document%20that%20gives%20you,after%20the%20production%20has%20wrapped.

https://academy.wedio.com/location-release-form/#:~:text=A%20location%20release%20form%20is,to%20get%20the%20owner's%20permission.

https://britishfilmcommission.org.uk/guidance/regulations/

https://www.gov.uk/child-employment/performance-licences-for-children

https://www.gov.uk/child-employment/restrictions-on-child-employment

https://www.moneysupermarket.com/business-insurance/public-liability/

https://www.gov.uk/data-protection

https://www.orr.gov.uk/monitoring-regulation/rail/competition/competition-act-1998#:~:text=The%20Competition%20Act%201998%20prohibits,a%20way%20that%20harms%20competition.