P3 legal or ethical issues identified and resolved

Meaning and Purpose:

By identifying legal and ethical issues I am able to minimise any risks of issues such as copyright, privacy, truth, trust, accuracy etc. Consent forms for models are also important and the purpose for this is to ensure I have permission to film a person where they will be told exactly who will view the film and where it will be shown before I start filming. Anything they do not agree with cannot go forward as they will not give their permission. 

Legal and ethical issues identified:

I have research the legal and ethical issues within the media industry from http://www.slideshare.net/BenRay95/legal-issues-in-the-media-industry-13458722.

Copyright - One of the main types of intellectual property - others include designs, patents and trademarks. Intellectual property allows a person to own things they create in the same way as something physical can be owned. It is the right to prevent others copying or reproducing someone's work.

This is very important in the media industry, especially when creating short films as it is very easy to copy a film that has already been made and then admit that it is your own work even if it isn't.

Copyright is a big issue the media industry faces. However copyright can be applied on the application of the idea, not the idea itself.

Ethical Issues:
Ethics are the moral principles that define how a group or person acts. However there are some issues in the ethical side of the media industry such as:
- Privacy
- Truth
- Trust

Ethical issues include offensive material such as privacy and copyright, regulatory bodies, representational issues including people, facts, opinions and events.

Accuracy must also be taken into account. For example in my short film it must make the audience aware of webcam stalkers.

Lastly, and most importantly Privacy is an important part in the media industry. Material should not be broadcasted in which the persons do no approve of or know about.

Legal and ethical issues resolved:

Copyright:
Legal protection is advised so that their original material cannot be used in somebody else's name.
In my short film we will be basing it on the idea of webcam stalks etc and have looked at case studies and other short films on it as we have similar ideas but we will not be copying another person's work.

Permission contracts must also be included before the start of filming. This ensures the people involved in the film know exactly who will view this and where it can be viewed. There are also permission contracts for children under the age of 18 for parents to sign.

In our short film, Simone and I will be appearing in it predominantly with Sam Sherwood appearing occasionally.
Here is a consent form/permissions contract for Sam Sherwood:

(Consent form by Simone Moxam)

Accuracy:

The film industry must make sure that they do not mislead their audience's. They must also make sure that they do not alter or change any facts as this will undermine the audience's trust in their content.

Groups and individuals should also be appropriately informed about the planned nature of their contributors when they are asked to take part in certain content and give their consent, unless there is an editorial justification for proceeding without their consent.

Material should not be broadcasted in which the persons do no approve of or know about. 

(Legal and ethical issues identified and resolved by Anna Weston)

Legal information related to permissions to film on locations and model release law:

(Information from research - http://www.artslaw.com.au/info-sheets/info-sheet/do-i-need-a-film-location-release/)

If a film is being shot outside a studio, the producer may need to obtain a location release from the owners of the property where the filming takes place. In this case, I did not need to produce a location release contract due to the filming all being at Simone's house whom I was filming with.

Whilst the copyright Act allows you to film buildings without infringing copyright, other laws affect filming on public and private property. Failing to obtain a location release could expose the producer to liability such as for breach of council regulations or trespass.

Whose approval do I need to film on private property 

It is important to do your research and find out both the owner of the land or building you want to film on and also the current occupier. You may need permission from both. For example, if you are filming in a friend’s rented house you should get permission from your friend who is renting the house (occupier) and his or her landlord (owner).

(due to my filming partner being Simone, and we were filming at her house we did not need any permission) 

Information and research on filming in a public area:

Do I need permission if I want to film in a public area? 

Many public authorities have a responsibility to ensure that private activities carried on in public areas have a minimum impact on the general public's access and enjoyment of those spaces. For example, local councils are accountable to their ratepayers and residents for the responsible use of council resources, land and community amenities. Many public authorities operate an approval system which applies to any filming activities on their property and it may be an offence to film without first obtaining such an approval. A fee may need to be paid.

Therefore, if you are shooting in a park, on public land, or in a street you should get permission from the local council. A fee usually applies and it is important to allow sufficient time for the application process.

Some activities which may require approval from the relevant public authority include:

• anything which will involve restricting the access of the general public to a public area (e.g. cordoning off part of a street or beach);
• the erection of structures (e.g. set construction);
• large numbers of people congregating in one place or parking and creating local traffic congestion (e.g. cast and crew, or trucks for catering);
• activities creating noise and pollution risks; and
• use of special equipment (e.g. cables on footpaths) and dangerous substances.

It is the producer's responsibility to find out if approval is needed and to obtain that approval. Whether approval can be obtained may depend on the nature of the film proposal and the status of the land. For example, a proposal involving a car accident and explosions may not be able to be filmed on a suburban street but may receive approval in a disused council warehouse space.

In some circumstances, a producer may be required to notify local residents or community that filming will take place, or agree that at the end of filming they will repair all damage, remove all rubbish and restore the location to its original condition prior to filming and to the satisfaction of the council.

Model release information:
We created a permissions contract for Sam Sherwood, but due to myself being the main character in the film we did not need to create a permissions contract for me.

https://www.lawdepot.ca/contracts/model-release-form/?loc=CA#.VmmSY-OyOko

What is a Model and Entertainment Release?

A Model and Entertainment Release form is used by photographers or videographers to get permission from models to license or publish their photo for commercial usage.

When is a Model Release Required?

A Model Release is required when photographers intend to publish or license photos of models in print, online, television, or radio advertisements where the model's likeness is identifiable and he or she is portrayed as promoting a product or service (e.g. a model wearing a shirt with a business logo on it).