Monday 25 November 2019

M2 Legal and ethical issues

ISSUES WITH COPYRIGHT
We will not use anything that isn't ours to use (anything that we don't own or don't have permission to view.) 
However, we can also look at the fair-use clause, seeing what we can and can't use if it was under the 'education' term.
If images are needed, we would go onto creative commons website.

Filming Enquiry
Your Details
Name: Hazel Potter, Eleanor Payne, Natasha Greenwood
Email: dreamscapeproductionsmedia@gmail.com
Phone: 07472629879
Job Title: Student
Company Name: Ilkley Grammar School
Production Details
Production Name: Claws
Production Type: Music Video
If Other: 
Production Description/ Synopsis: We are filming in a graveyard to capture the concept of loss as it is a topic very close to all of us due to very recent events. Don't worry, this shouldn't take too long, only around 2 hours. The synopsis is; a person followed through their emotional journey of self discovery around others and the environment they want to protect.
Where will it be Broadcasted: This is non commercial but will be on YouTube as this is easiest way to submit the final product for our A-levels.
Filming Locations
Filming Location: Burley Cemetery
Start Date: 30/11/2019
End Date: 07/12/2019
Number of Days: 7
Other Filming Locations: Burley Wier.
Section
Number of Crew: 3
Number of Actors and Secondary Actors: 1
Drone: No
Upload your CAA certificate: 
Type of Equipment: Tripod, Camera x2, hand held lighting eg phone torches.
Description of Filming: We will be filming majorly close-up and mid shots from very flat landscapes to minimise safety hazards. There is only one actor so no large space is needed and we have made sure to arrange it with minimal disruption.
Other Information
Filming Involves: 
Services Needed
Services: 
Vehicles
Number of Vehicles: 
Registrations: 
Forms
Risk Assessment: http://www.bradfordfilmoffice.com/wp-content/uploads/2019/11/Film-Production-Risk-Assessment.pdf
Have you uploaded a Risk Assessment: Yes
Public Liability: http://www.bradfordfilmoffice.com/wp-content/uploads/2019/11/RPA-119821.pdf
Have you uploaded a Public Liability: Yes
Other Enquiries
Do you have any other Enquiries: 
This is our location consent form that we emailed out to the Bradford Film Office.

Using these, I have covered all potential risks.

These are my actor consent 
forms.


Image result for ofcom image
Ofcom is the regulator for the communications services that we use and rely on each day, they are privately owned and are in charge of monitoring different types of media, along with the BBFC.

Scheduling and content information 

Material that might seriously impair the physical, mental or moral development of people under eighteen must not be broadcast.
  • Broadcasters must take all reasonable steps to protect people under eighteen. For television services, this is in addition to their obligations resulting from the Audiovisual Media Services Directive (in particular, Article 27, see Appendix 2).
  • Children must be protected by appropriate scheduling from material that is unsuitable for them, like the 9’clock watershed.

Drugs, smoking, solvents and alcohol 

  • They must not be featured in programmes made primarily for children unless there is strong and clear justification. Must generally be avoided and in any case must not be condoned, encouraged or glamorised in other programmes broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children.


Violence and dangerous behaviour

  • 1.11 Violence, its after-effects and descriptions of violence, whether verbal or physical, must be appropriately limited in programmes broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio) or when content is likely to be accessed by children (in the case of BBC ODPS) and must also be justified by the context. 
  •  Violence, whether verbal or physical, that is easily imitable by children in a manner that is harmful or dangerous.
    • must not be broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS), unless there is editorial justification.
Offensive language
  • The most offensive language must not be broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS).
  •  Offensive language must not be used in programmes made for younger children except in the most exceptional circumstances.

Exorcism, the occult and the paranormal


Demonstrations of exorcisms, occult practices and the paranormal (which purport to be real), must not be shown before the watershed (in the case of television) or when children are particularly likely to be listening (in the case
of radio), or when content is likely to be accessed by children (in the case of BBC ODPS). Paranormal practices which are for entertainment purposes must not be broadcast when significant numbers of children may be expected to be watching, or are particularly likely to be listening, or when content is likely to be accessed by children (in the case of BBC ODPS), (This rule does not apply to drama, film or comedy.) 

The involvement of people under eighteen in programmes 

  • Due care must be taken over the physical and emotional welfare and the dignity of people under eighteen who take part or are otherwise involved in programmes. This is irrespective of any consent given by the participant or
    by a parent, guardian or other person over the age of eighteen in loco parentis.
  • People under eighteen must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes.
  • 1.30  Prizes aimed at children must be appropriate to the age range of both the target audience and the participants.
    (See Rule 2.16 in Section Two: Harm and Offence.)

Violence, dangerous behaviour and suicide 

  • 2.4  Programmes must not include material (whether in individual programmes or in programmes taken together) which, taking into account the context, condones or glamorises violent, dangerous or seriously antisocial behaviour and is likely to encourage others to copy such behaviour.
  • 2.5  Methods of suicide and self-harm must not be included in programmes except where they are editorially justified and are also justified by the context.

Crime, Disorder, Hatred and Abuse 

This section of the Code covers material that is likely to incite crime or disorder, reflecting Ofcom’s duty to prohibit the broadcast of this type of programming. 
There are also rules in this section covering material containing hatred, abusive and derogatory treatment, and portrayals of crime and criminal proceedings. These are relevant to Ofcom’s duty to provide adequate protection for members of the public from the inclusion in television and radio services of offensive and harmful material. (See also Section Two: Harm and Offence). 

The rules in this section are intended to reflect broadcasters’ right to freedom of expression and audiences’ right to receive information and ideas. For example, broadcasters may wish to report on or interview people or organisations with extreme or challenging views in news and current affairs coverage, which is clearly in the public interest. There are various editorial approaches broadcasters can take to provide context when featuring extreme and/or offensive views in broadcast material, some of which are set out below. 


BBFC

Image result for BBFC LOGOImage result for BBFC LOGO
The 'British Board of Film Classification' (BBFC) is an independent regulator They are said to be helping the general, UK public choose age-appropriate films, videos and websites so they can enjoy them on their own, with friends or with family. The BBFC is there for everyone and has no ulterior motive. 

To rate the films, members of the BFI are tasked to watch them and then fill in surveys so they can come about on a unbiased and generalised rating for all films; childrens cartoons to pornographic content. 


U: 

A U film should be suitable for audiences aged four years and over and be as universal as possible, like the name suggests.

Dangerous behaviour 
No potentially dangerous or anti-social behaviour. 
No accessible weapons and no support of violence or drug misuse.

Discrimination 
Unlikely to be acceptable unless the characters in said picture clearly scold it.

Drugs 
Illegal drugs or drug misuse must be infrequent and not obvious, or it must have a clear educational purpose or anti-drug message for young children so they are not being positively reinforced for drug use.

Language 
Infrequent use only of very mild bad language. 

Nudity 
Occasional nudity, with no sexual context. 

Sex 
Only very mild sexual behaviour like kissing.

Threat and horror 
Scary scenes must be brief and unlikely to cause fear to young children. The outcome should be positive. 

Violence 
Violence will generally be very mild. Mild violence may be acceptable if it is justified by context (for example, comedic, or animated). 



PG: 

Dangerous behaviour 
There can be no potentially behaviour that children can easily copy. 
No antisocial behaviour that children can easily copy. 
No glamorisation of weapons such as knives.


Discrimination 
No discriminatory language is acceptable unless it is backed up by historical context or for educational purposes.
No discrimination by characters that children can easily identify with.


Drugs 
No illegal drugs or drug misuse. 
If needed, can be inconspicuous and will carry an 'anti-drugs' message. 

Language 
Mild bad language only. Aggressive or very frequent use of mild bad language may result in a work being passed at a higher category. 

Nudity 
There may be nudity with no sexual context.

Sex 
Sexual activity may be implied, but should be discreet and infrequent. Mild sex references and innuendo only. 

Threat and horror 
Frightening sequences or situations where characters are in danger should not be prolonged or intense. Fantasy settings and comedy may be mitigating factors. 

Violence 
Violence will usually be mild. However, there may be moderate violence, without detail,
if justified by its context (for example, history, comedy or fantasy). 


12A/12: 

Dangerous behaviour 
No promotion of potentially dangerous behaviour which children are likely to copy. No glamorisation of realistic or easily accessible weapons such as knives. No endorsement of anti-social behaviour.

Discrimination 
Discriminatory language or behaviour must not be endorsed by the work as a whole. Aggressive discriminatory language or behaviour is unlikely to be acceptable unless clearly condemned. 


Drugs 
Misuse of drugs must be infrequent and should not be glamorised or give detailed instruction. 

Language 
There may be moderate bad language. Strong language may be permitted, depending on the manner in which it is used, who is using the language, its frequency within the work as a whole and any special contextual justification. 

Nudity 
There may be nudity, but in a sexual context it must be brief and discreet. 

Sex 

Sexual activity may be briefly and discreetly portrayed. Moderate sex references are permitted, but frequent crude references are unlikely to
be acceptable. 
Sexual violence and sexual threat 
There may be verbal references to sexual violence provided they are not graphic. The stronger forms of sexual violence, including rape, may only be implied and any sexual threat or abusive behaviour must be brief and negatively presented. 

Threat and horror 
There may be moderate physical and psychological threat and horror sequences. Although some scenes may be disturbing, the overall tone should not be. Horror sequences should not be frequent or sustained. 

Violence 
There may be moderate violence but it should not dwell on detail. There should be no emphasis
on injuries or blood, but occasional gory moments may be permitted if justified by the context. 



15: 
Dangerous behaviour 

Dangerous behaviour (for example, suicide, self-harming and asphyxiation) should not
dwell on detail which could be copied. Whether the depiction of easily accessible weapons is acceptable will depend on factors such as realism, context and setting.

Discrimination 
The work as a whole must not endorse discriminatory language or behaviour, although there may be racist, homophobic or other discriminatory themes and language.

Drugs 
Drug taking may be shown but the work as a whole must not promote or encourage drug misuse (for example, through detailed instruction). The misuse of easily accessible and highly dangerous substances (for example, aerosols
or solvents) is unlikely to be acceptable.

Language 
There may be strong language. Very strong language may be permitted, depending on the manner in which it is used, who is using the language, its frequency within the work as a whole and any special contextual justification.

Nudity 
There are no constraints on nudity in a non-sexual or educational context. Sexual nudity may be permitted but strong detail is likely to be brief or presented in a comic context.

Sex 
Sexual activity may be portrayed, but usually without strong detail. There may be strong verbal references to sexual behaviour. Repeated very strong references, particularly those
using pornographic language, are unlikely to be acceptable. Works whose primary purpose is sexual arousal are unacceptable.

Threat and horror 
There may be strong threat and horror. A sustained focus on sadistic threat is unlikely to be acceptable.

Violence
Violence may be strong but should not dwell on the infliction of pain or injury. The strongest gory images are unlikely to be acceptable. Strong sadistic violence is also unlikely to be acceptable.

Sexual violence and sexual threat
There may be strong verbal references to sexual violence but any depiction of the stronger forms of sexual violence, including rape, must not
be detailed or prolonged. A strong and sustained focus on sexual threat is unacceptable.




18: 

Adults should be free to choose their own entertainment. Exceptions are most likely in the following areas:
  • ●  where the material is in breach of the criminal law, or has been created through the commission of a criminal offence
  • ●  where material or treatment appears to us to risk harm to individuals or, through their behaviour, to society. For example, the detailed portrayal of violent or dangerous acts, or of illegal drug use, which may cause harm to public health or morals. This may include portrayals of sadistic violence, rape or other non-consensual sexually violent behaviour which make this violence look appealing; reinforce the suggestion that victims enjoy rape or other non-consensual sexually violent behaviour; or which invite viewer complicity in rape, other non-consensual sexually violent behaviour or other harmful violent activities
  • ●  where there are more explicit images of sexual activity in the context of a sex work (see right)
    In the case of video works, which may be more accessible to younger viewers, intervention may be more frequent than for cinema films.
Sex works at 18

Sex works are works whose primary purpose is sexual arousal or stimulation. Sex works containing only material which may be simulated are generally passed 18. Sex works containing clear images of real sex, strong fetish material, sexually explicit animated images, or other very strong sexual images will be confined to the R18 category. Material which is unacceptable in a sex work
at R18 is also unacceptable in a sex work at 18.



R-18: 

To be shown only in specially licensed cinemas, or supplied only in licensed sex shops, and to adults only
The R18 category is a special and legally-restricted classification primarily for explicit works of consenting sex or strong fetish material involving adults. Films may only be shown to adults in specially licensed cinemas, and video works may be supplied to adults only in licensed sex shops. R18 video works may not be supplied by mail order.
The following content is not acceptable:
  • ●  material which is in breach of the criminal law, including material judged to be obscene under the current interpretation of the Obscene Publications Act 1959 (see Annexe – legal considerations)
  • ●  material (including dialogue) likely to encourage an interest in sexually abusive activity which may include adults role-playing as non-adults
  • ●  the portrayal of sexual activity which involves real or apparent lack of consent. Any form
    of physical restraint which prevents participants from indicating a withdrawal of consent
  • ●  the infliction of pain or acts which are likely to cause serious physical harm, whether real or (in a sexual context) simulated. Some allowance may be made for non-abusive, consensual activity
  • ●  penetration by any object likely to cause physical harm
  • ●  sexual threats, humiliation or abuse which do not form part of a clearly consenting role-playing game

Credit to https://bbfc.co.uk

Ours would most likely be a PG as there is no bad language, content, threat or dangerous behaviour.

Image result for PG symbol


CODE OF PRACTICE
We completed a risk assessment, actor consent forms and location consent forms to ensure we would all be safe and on filming days. These are the main risks listed in London's code of practice for filming in the city and in general. It works for where we would like to film as well as it's generally applicable.


We need to be aware of the following:


  • Council property
  • Health and safety
  • Lighting
  • Litter removal
  • Noise
  • Problem solving
  • Public liability insurance
  • Residents
  • Risk assessments
  • Rivers and waterways













RESPECT FOR COMMUNITY
We will be respectful for the community, not making and loud noise, playing music or disrupting the community. 
Additionally, we are not going to leave any equipment on the locations or litter and will always clean up after ourselves and others (if it disturbs the natural space.)

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