M2 - Legal Issues

OfCom:

Ofcom are an independent regulatory of the broadcasting industry that we use and rely on each day.
They monitor and check outgoing media to make sure that non are breaking any rules that would offend or upset viewers.
They help to make sure people across the UK are satisfied with what they hear on TV and radio, and that programmes reflect the audience they serve.

Rules I will need to follow to ensure that my music video does not break any of the regulated rules and cause offence or upset to any viewers:

Protection of Under Eighteens:
1.1 Material that might seriously impair the psychical, mental or moral development of people under eighteen must not be broadcast. I will acknowledge this and take certain measures to make sure I do not include any imagery or audio that would seriously impair the physical, mental and moral development of people under eighteen.

1.12 Violence, whether verbal or physical, that is easily imitable by children in a manner that is harmful or dangerous:
- Must not be featured in programmes made primarily for children unless there is strong editorial            justification. I have read and respected this rule and the one part of my music video that shows a small manner of violence will be a short clip and is necessary to the narrative story of my music video.

1.2 In the provision of services, broadcasters must take all reasonable steps to protect people under eighteen. I have had all my actors, who are under the age of 18, sign consent forms to be filmed and published and also aquired their parents signatures saying it is ok for me to film their children.

1.4 Television broadcasters must observe the watershed. I have read this rule and will comply to it however I do not think it will be most relevant to my music video as my video will not be rude or explicit for children.

Drugs, smoking, solvents and alcohol:
1.10 The use of illegal drugs, the abuse of drugs, smoking, solvent abuse and the misuse of alcohol: Must not be featured in programmes made primarily for children unless there is strong editorial justification. My music video does not contain any drugs, smoking or solvent abuse therefore I will not be infringing on this rule.

Violence and dangerous behaviour:
1.12 Violence, wether verbal or physical, that is easily imitable by children in a manner that is harmful or dangerous: Must not be shown in programmes specifically made for children or before watershed. There is no violence in the visuals of my music video or any violent language in the audio I have chosen to use within my music video.

1.13 Dangerous behaviour, or the portrayal of dangerous behaviour, that is likely to be easily imitable by children in a manner that is harmful: Must not be featured on programmes primarily made for children unless there is strong editorial justification; the programme must not be broadcast before watershed. There is a shot in my music video where a guitar is smashed onto the ground, this behaviour is easily imitable by children. I have included this scene due to the fact it is relevant to the lyrics in the song saying "the damage is done" and it fits with the conventions of my music video with the characters acting as reckless.

The involvement of people under eighteen in programmes:
1.28 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. I have taken extra measures when dealing with my actors who are under eighteen to abide by this rule, I made sure they were comfortable at all time and checked that they were ok to film the next scene without any discomfort.

1.29 People under eighteen must not be caused unnecessary distress or anxiety by their involvement in the programmes of by the broadcast of those programmes. I worked with my actors in the editing process so they could see how the video was progressing and could tell me if they didn't feel comfortable with some of their acting being shown and how it would look and be shown to the public in the final cut.

Consent:
8.5 Any infringement of privacy in the making of a programme should be with the person's and/or organisation's consent or be otherwise warranted. made all my actors fill out consent forms which give me the legal right to film them and use their image in my music video, as they were under eighteen I also received their parents signature on the consent form allowing me too film their child.

8.8 When filming or recording in institutions, organisations or other agencies, permission should be obtained from the relevant authority or management, unless it is warranted to film or record without permission. Once decided on the location I wanted to film my music, I wrote up a property release form which I then got the property owner to sign which gave me permission to film his premises and use the visuals of his premises for my music video.

Gathering information, sound or images and the re-use of material:
8.9 The means of obtaining material must be proportionate in all the circumstances and in particular to the subjects matter of the programme. I have had to of course obtain the music audio for my music video therefore I found the video on YouTube and used a "Youtube to mp3" converter in order to be able to add and edit it into my video.

People under sixteen and vulnerable people:
8.20 Broadcasters should pay particular attention to the privacy of people under sixteen. They do not lose their rights the privacy because, for example, of the fame or notoriety of their parents or because of the events in their schools. My actors are all aged between 16-17 therefore this rule is not applicable to my production however I will still take note of it in order to make sure my actors are as best protected as possible.

Product placement (and prop placement):
9.12 Product placement is not permitted in the following: Religious programmes, consumer advice programmes or current affairs programmes. As my music video fits into non of these categories then I do not have to worry about the branded instruments infringing on any product placement laws.

These are all the laws from the site www.ofcom.org.uk that are relevant to my music video and all the laws I have abided by so that my music video will not break and regulation laws.

BBFC:

BBFC stands for The British Board of Film Classification and they are responsible for giving all digital media films and programmes an age rating depending on the content that they contain. They help to maintain a consistent and reliable age rating system across the film and television board to inform adults about the contents of the film and if it is suitable for younger audiences, for example children.
BBFC also work with artists signed to companies such as Sony Music UK, Universal Music UK, Warner Music UK and all UK independent labels in assigning age ratings to music videos, these age ratings will then be displayed next to the music video when it is published on YouTube.

"At the BBFC, our focus is on helping children and families choose well by providing them with the guidance they need to help them choose what's right for them and avoid what's not"

Universal Rated Films:
A U film should be suitable for audiences aged four years and over, however it is not possible to foresee what might upset any particular child. U films should be set within a positive framework and should offer reassuring counter balances to any violence, threat or horror.

Dangerous Behaviour:
Potentially dangerous or anti-social behaviour which young children may copy must be clearly disapproved of or be presented as unrealistic. No emphasis on realistic or easily accessible weapons.

Discrimination:
Discriminatory language or behaviour is unlikely to be acceptable unless clearly disapproved of.

Drugs:
References to illegal drugs or drug misuse must be infrequent and not offensive, or have a clear educational purpose or anti-drug message suitable for young children.

Language:
Infrequent use only of very mild bad language.

Nudity:
Occasional nudity, with no sexual content.

Sex:
Only very mild sexual behaviour (for example, kissing) and references to such behaviour.

Threat and horror:
Scary or potentially unsettling sequences should be mild, brief and unlikely to cause any undue anxiety to young children. The outcome should be reassuring.

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

Parental Guidance Rated Films:
A PG film should not unsettle a child aged around eight or older. Unaccompanied children of any age may watch, but parents are advised to consider whether the content may upset younger or more sensitive children.

Dangerous Behaviour:
No detail of potentially dangerous behaviour which young children are likely to copy, if that behaviour is presented as safe or fun. No glamorisation of realistic or easily accessible weapons such as knives. No focus on anti-social behaviour which young children are likely to copy.

Discrimination:
Discriminatory language or behaviour is unlikely to be acceptable unless clearly disapproved of, or in an educational or historical context, or in a particularly dated work with no likely appeal to children.

Drugs:
References to illegal drugs or drug misuse must be not harmful or offensive, or carry a suitable anti-drug message.

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

Nudity:
There may be nudity with no sexual content.

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 and comedy may be less serious 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 Rated Films:
Films classed 12A and video productions classified as 12 contain material that is not generally suitable for children aged under 12. No one younger than the age of 12 may see a 12A film in cinema unless accompanied by an adult.

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 production 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 glamourised 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 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 ton 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 Rated Films:
No one younger than 15 may see a 15 film in a cinema, and no one younger than 15 may rent or buy a 15 rated video film.

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 asa 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 production 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.

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.

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.

18 Rated Films:
Adults should be free to choose their own entertainment. Exceptions are most likely in the following areas:

   - Where the materials 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.

  - Where there are more explicit images of sexual activity in the context of sex work.

My Music Video:
I would rate my music video as a PG rated video meaning that it is suitable for a child aged around eight or older and will not unsettle or upset them. It also means unaccompanied children of any age may watch, but parents are advised to consider the content first.

Dangerous Behaviour:

The only dangerous behaviour in my video would be the 3 second clip of the guitar being smashed, I recognise this is easily repeatable behaviour for young children however I don't believe a guitar fits into the category of a weapon or something that is easily accessible for children. I also have editorial justification for the guitar being smashed as I directly related to the lyrics of the song saying "the damage is, damage is done" which is why I believe any video fits into a PG rating with this clip included.

Discrimination:

There is no discrimination of any kind involved in the visuals or the audio of my music video.

Drugs:

There is no drugs or drug references involved in the visuals or audio of my music video.

Language:

There is no swearing or offensive language involved in the audio or visuals of my music video.

Nudity:

There is no partial nudity, full nudity or any reference to nudity or clothes being taken off in the visuals or audio of my music video.

Sex:

There is no sexual behaviour of any kind in the visuals or audio of my music video and there is no reference to any sexual behaviour of any kind in the visuals of audio of my music video.

Threat and Horror:

The audio of my music video has no connotation of threat or horror and no references that might cause any viewers to be unsettled, however the visuals of my music video do include some quick transitions with fast movements in them, which younger viewers may find threatening or unsettling.

Violence:

There is no violent language or reference to violence in the audio of my music video however there is some mild violence in the visuals of my music video. The violence in the visuals of my music video is the guitar being smashed, this involves one character completely destroying an object, in a violent manner by smashing it on the ground. This mild violence is justified by the context as the lyrics of the song say "the damage is, damage is done' therefore the guitar being smashed and damage being caused has a direct link between the audio and the visuals.

I did not rate my music video at a Universal (U) rating as it involves "potentially dangerous behaviour that is easily imitable for young children", such as the guitar being smashed; therefore I could not rate it as a Universal film as it is possible younger audiences could watch my video and try to mimic the actions which may result in serious injury. The two clips of the guitar being smashed is the only reason my music video is rated at a PG therefore if I wanted to expand my audience and make my music video a universal rating I could do so by simply removing the two clips, in order for there to be no violence at all involved in the audio or visuals of my music video.

Copy of my School's Public Liability Insurance -




Copy of all my Actors Consent Forms -
I had all the actors who would appear in my video sign forms giving me consent to film them and use their image in my music video, as they are under 18 I also had to ask them to get their parents signatures, once again to give me consent to film their children. This then resolves and covers any potential legal issues that may occur from the production of my music video and means that may production company is not liable for any legal issues which might arise from using actors under the age of 18.