P3 legal or ethical issues identified and resolved

Model Consent Form 

Signed Form 

Above shows the original Model Consent Form for the production of 'Why Run?'. 

Mean & Purpose:

Copyright is a legal right created by the law of a country that grants the creator of orginal work exclusive rights to its use and distribution, usually for a limited time.

Copyright Basics
Copyright owners possess five exclusive (not absolute) rights. These include the right to distribute and reproduce the work, the right to publicly display or perform the work, and the right to create derivative works (e.g. translations, new editions). Despite these rights, users have rights too. The extent and nature of
users’ rights vary with the circumstances. Sometimes users need to get permission and pay required royalties, sometimes they don’t.

Copyright Myths and Misconceptions
Contrary to popular opinion:
1. Copyright law does not protect ideas. It
protects the expression of ideas. If you want
to protect an idea, use a secrecy agreement.

2. Copyright owners don’t need to do anything
to get a copyright. Rights begin at the
moment of creation because the rules say so.

3. A copyright notice isn’t required. Earlier
versions of the law required it—not anymore.
However, so many people don’t know this,
using a notice is a good idea. Here’s an
example.

Copyright © 2005 Terry Smith

4. Registration isn’t required. There are
advantages to registering a copyright, but it’s
not required.

5. Owning a copy of a copyright protected
work isn’t the same thing as owning a
copyright. Owning a copy is like renting an
apartment. You bought the right to use it.

Reference: Excerpt from
http://www.mccc.edu/pdf/copyright_compliance_final.pdf

Article 8 in the Human Rights Act is - The Right to Privacy.

Videographers, photographers and press must always bear in mind this right. If any image or article is posted that do not give the correct facts, and no consent has been given, this could cause problems and possibly litigation for the press company.

Use of long-lens photography - Photographers, especially paparazzi must think and cogitate before taking images. They must consider the concequences of their images. For example, if they take images of a celebrity or well known person, when they are not in the public eye, e.g at their own home, a photographer should not use a long-lens to capture images of them without being seen, or without asking permission. This, in most cases will go against the rights of the celebrity, therefore resulting in a complain being made and most likely a fine or other consequence given to the photographer if they image was published.

When creating a media product, it is essential to consider copyright laws. The importance of this very high, and if one did not abide by the law they could face litigation, leading to great fines or even imprisonment depending on the extent of the crime.

Copyright is a form of protection provided by laws giving full ownership and media rights to the creators of an original pieces of work, including books, drama, art and musical pieces of work. This entitles them to control how exactly these pieces of work are used, distributed and shared.

Acquiring consent (licensing) from the legal copyright owner gives copyright permission to use the material or pieces of work created by the owner for various purposes.

Request to Film in London

Whatever location you are using, no matter how public it seems, it is likely you'll need to notify or get permission from somebody.

The impact of failing to inform relevant authorities could result in unnecessary police resources being deployed. It can disrupt your filming and the local community.Each Borough in London has an office that deals with filming, these are called Borough Film Services (BFS). They are the first point of call for on-street filming as well as filming on public land or in council owned properties.

The Service will liaise on your behalf with council departments, including those responsible for parking and refuse collection.

The BFS will be able to:

• Let you know where you need permission to film
• Inform you of potential filming hotspots – or of anything going on in the area that may disrupt your filming
• Advise you on whether or not you need to contact the local police

http://filmlondon.org.uk/get-permission-film

My name is Sam Sherwood, and I attend Kent College Independent School, Canterbury. On Saturday, 29th November, I wish to film in and around Southbank. The footage I will take is for an A-Level media piece which requires scenes in the city, and would not be published to make profit of any sort. I will only need my camera and tripod. The filming will be completed within five hours at the most. I require very short clips of busy streets in the city, and one scene in which the protagonist would be running slowly for short periods of time and therefore there should be absolutely no disruption to the public walkways or roads. 

Best Regards,

Sam Sherwood

Kent College Canterbury

Background Music

As soon as I heard the track used in my final production, I fell in love with it and had complete intentions to use it. The track additionally inspired me to change the script and order of the advertisement, in order to coincide with the music perfectly, leading to changes being made in both production (filming) and post production (editing). 

However, I faced a difficulty when trying to identify the owner of the music. The track was posted on YouTube by user 'Denis Lee', whom has been inactive for three years, and there was no indication or reference to whom owned the track in order to source permission of use,  Therefore I messaged the user on the comment section hoping for a response and further discussion: 

 The final production will not be broadcasted to the public and be used for Unit 17 CTM only. 

Orphan Works

Author: Dinusha Mendis 

A work – such as a book, a piece of music, a painting or a film – in which copyright exists, but where the copyright owner is either unknown or cannot be located is referred to as an ‘orphan work’. Orphan works can be a real problem for users who want to make use of such work, whether for commercial or non-commercial purposes. 

I am awaiting a response from the publisher on YouTube, however it is not clear whether the piece of music is copyrighted or a recording made from an unknown source.

Use of Nike Products

Nike have a particular section on their website stating their policies and terms of use. If a corporate organisation were to use the images for profitable purposes, the following statements would apply

Source: http://help-us.nikeinc.com/app/answers/detail/a_id/1071/~/can-i-use-nike-trademarks,-images,-logos-or-advertising%3F

CAN I USE NIKE TRADEMARKS, IMAGES, LOGOS OR ADVERTISING?

Nike doesn't grant permission to use or modify trademarks, logos, images, advertising or similar materials.

It's your responsibility to determine whether your proposed use is legally permissible. For example, some uses of Nike logos in a textbook may be considered “fair use.”

Nike is unable to respond to requests for permission and does not fulfill interview requests. NIKE, Inc. (capitalized) is the correct use of Nike when referring to the company. Nike (sentence case) is the correct use when referring to Nike as a brand.

Affiliate brands should be referenced as follows: Converse Inc and Hurley International LLC.