P3 legal or ethical issues identified and resolved

Model Consent 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 original work exclusive rights to its use and distribution, usually for a limited time.

Photographers must take copyright into consideration. Never should a photographer publish any images taken by anyone else, this would go against the Copyright, Designs and Patents Act 1988. Also, as soon as an image is taken on a camera, the photographer has copyright. This does not have to be registered and requires no further litigation. However if someone uses this image without permission, or publishes publicly and claims they took it, the photographer is protected by copyright and can easily prove they took the image, and the illegal user will then face litigation, as they would infringe the copyright law.

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


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.

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 consequences 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.

Model Release must take place. This is where the subject or model of an image signs a legal release granting permission, usually resulting in civil liability for the artist to publish an image taken of them.

Parental Consent for the use of images of children - A photographer must provide and assure the parents of children have signed and approved a consent form if their child is going to be photographed. There are risks for children photographs being published anywhere, for example people may be able to copy images and misuse them. However if parents are 100% certain on what the photographers intentions are, and where it will be published or used for, then they can sign the consent form, allowing images to be taken. Below I have found a real consent form written up online.

Request to Film in London

Although the focus was to capture a number of still images, I also filmed an advertisement for NIKE, therefore it was important to seek permission to film in the city.

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

Royalties

Royalties in media involve the payment to an owner for the use of patents or copyrighted works. This could vary from music to paintings or photographs. In the case of my print products royalties would be issued to the model if the signed contracted specified the exact amount they would receive for being involved in the project. A royalty payment can be made to the legal owner by those who wish to use the work for the purpose gaining revenue. In most cases, royalties are designed to compensate the owner for the asset's use, and are legally binding. Model's may be given a one off payment for their work or receive royalties each time a print product is used in an advert, broadcast etc. The person who owns the rights to their product may negotiate to receive royalties when revenue is gained in the future.