Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Reviewing Photographs
Post Production
Copyright
The law gives the creators of literary, dramatic, musical, artistic works, sound
recordings, broadcasts, films and typographical arrangement of published editions,
rights to control the ways in which their material may be used.
The rights cover: broadcast and public performance, copying, adapting, issuing,
renting and lending copies to the public. This is a CIVIL law not a CRIMINAL law. This
means it is not a criminal offence to break the law, which could result in a fine or jail
sentence. Instead the person who owns the copyright has to sue the person they
believe has broken the law.
The case is then heard in a civil court and if the person is found guilty of breaking
copyright law then they will have to pay damages to the owner of the copyright. The
amount of damages is set by the court.
This means if I was to use someone else’s pictures without their permission it
would go against this law.
Intellectual property
What intellectual property is
Having the right type of intellectual property protection helps you to stop people
stealing or copying:
the names of your products or brands
your inventions
the design or look of your products
things you write, make or produce
Copyright, patents, designs and trademarks are all types of intellectual property
protection. You get some types of protection automatically, others you have to apply
for.
You own intellectual property if you:
created it (and it meets the requirements for copyright, a patent or a design
bought intellectual property rights from the creator or a previous owner
have a brand that could be a trade mark e.g. a well-known product name
If you believe anyone has stolen or copied your property you would sue them in civil
court.
This means I cannot steal anyone’s work as a whole and no one can take mine
otherwise it would go against this law. For example, I will not use someone else’s
photograph for my front cover, I will go and take my own.
For the purposes of this Act an article shall be deemed to be obscene if its effect or
(where the article comprises two or more distinct items) the effect of any one of its
items is, if taken as a whole, such as to tend to deprave and corrupt persons who are
likely, having regard to all relevant circumstances, to read, see or hear the matter
contained or embodied in it.
In this Act ‘article’ means any description of article containing or embodying matter
to be read or looked at or both, any sound record and any film or other record of a
picture or pictures. This is a criminal law.
I need to make sure that none of my pictures are offensive towards anyone. For
example, I cannot take pictures that include physical profanity which may be
perceived as abysmal.
Trespass
This is a civil law.
Trespass to land consists of any unjustifiable intrusion by a person upon the
land in possession of another.
Civil trespass is actionable in the courts.
I need to make sure that people are aware that I’m doing a photoshoot
so nobody interrupts/trespasses the room whilst shooting my pictures.
Privacy
The introduction of the Human Rights Act 1998 incorporated into English law
the European Convention on Human Rights.
Article 8.1 of the ECHR provides an explicit right to respect for a private life:
Article 8 protects your right to respect for your private life, your family life, your
home and your correspondence (letters, telephone calls and emails, for
example).
Privacy Law is a law which deals with the use of people’s personal
information and making sure they aren't intruded upon. These laws make sure
people can't have their information wrongly used without permission.
The effect this has on radio:
This means that they can't tell the listeners people’s full names or any private
details they don't want revealed. For example, if a viewer calls in but they
don't want their name to be revealed then they can't say it.
The effect this has on television:
This is also basically the same as radio, they can't use people’s full names
without their consent. This also means that if they take footage of someone
they need to get that person’s permission before they air it on television.
Anyone who believes their right has been broken can make a civil claim in the
courts against those they believe have invaded their privacy.
When applying the legal principles, the court will balance the claimant's right
to privacy against the right to freedom of expression.
If the claimant is proved to be correct this could result in an injunction banning
publication of information; damages; and return or destruction of the material
gained from the intrusion. This means that I cannot release any personal
information from my subject or anyone that works in my crew/cast. For
example, I won’t be posting my subjects model release form.