Legal & Ethical Issues

Contracts

When paid to make create a promotional video for a client, I will need both a signed contract containing the legal expectations and conditions of the job. The client will also take my role more seriously and will know the clear terms and consequences of breaking our agreement, whilst also solidifying my image as a professional videographer. There are different contracts used within this industry, some examples are:

Actor release forms
An Actor release form is a legal document between the Videographer and the actor and is a form of permission for the actor allowing you to publish their image commercially and for marketing purposes.

License rights

A license agreement is between a video's copyright owner, in this case being me, and other users that would like the right to use my product. Licensing allows the legal sharing of this product, this license can be for an exclusive right to use the product, this meaning that another company can't use the video legally. Other uses of the license can consist of: price, limit the video's use and other things.

Property release forms

A legal release form signed by the owner of the property which is being used in a photograph or video. This grants the videographer permission to use or publish the video in many forms. This would be especially important within my plans as I would need to use these to help prevent legal action when working in other people's homes.

Copyright

When looking at the copyright laws a videographer would have to follow it comes apparent that any footage shot is the sole property of the one recording within the exception of any legal agreements made such as the license rights mentioned earlier "According to the Copyright Act of 1976, the creator of a work is the owner of the copyright to that work, unless other explicit, written legal arrangements have been made."(Levy, 2011). Typically the work created by a videographer will be owned by the company hiring them but the creator although not typically be able to use clips of their work due to copyright reasons, they can still take credit for creating it.

Software Licensing

A software license is a document or contract that provides legally binding guidelines for the use and distribution of software. These licenses typically provide users with the right to one or more copies of the software without violating copyright infringement laws. The license will also have terms and conditions and include restrictions imposed on how the software could be used. The terms and conditions of these licenses include clauses about fair use, warranties, disclaimers, and protection of the software. An example of a piece of software that I would need to gather the license for is Premiere pro, I would use this to edit my final piece.

Invasion of Privacy

The law in the UK does not prevent you from taking photographs or videos in public spaces, as long as you are not harassing people, or taking indecent images. Many people get confused about what is public and what is private. Some shopping centers, car parks, parks, and private structures are in fact privately controlled and it is illegal to take images without prior permission. You do not have to get permission from people you video whilst in a public place. However, if you are planning to use the video commercially or use it to promote a product then you need to get the subject to sign an actor release form. Harassment is illegal and is a behaviour that causes another person to distress over multiple time periods. For example, stalking someone to get an image or video of them or repeatedly putting a camera in their face, could be construed as harassment. Also, using a telephoto lens in a public place, to see into a private place, i.e. someone’s bedroom, this could also be considered harassment.

Libel

Another legal issue in video production is the defamation of character or harming another’s reputation. Defamation, when printed or broadcast, is called Libel, and defamation, when spoken, is called Slander. When it comes to suing the media, it is your responsibility to prove that: a journalist or media outlet published a false statement or accusation about you, the person accusing you acted deliberately and negligently, the false statement caused you harm. Defamation can come in many forms and often are in images/video and as a videographer, it is my responsibility not to slander someone's reputation.

Ethical Issues

Ethics within video making are the principles that guide how videos are produced and shared. Ethics are subjective and this means that ethics vary from one country to another, the ethics in the UK will be totally different from ethics in Shanghai. Whenever directing/producing a video you must ask how you can respect the dignity of those your subject material is based around. If we are not ethical in our production we would lose the respect of our audiences and clients. Ethical issues that occur within the video production community tends to be typically based around casting issues, with some casting officials and directors turning down actors better fit for the role due to their skin color or other prejudice reasons, although these members of staff have the right to choose the actors they believe fit best, it is their responsibility give each turned down actor a valid reason for their denial to help create clarity and a lack of confusion behind their denial.

For years digitally altered images and misleading shots during a video have been a controversial topic, especially in beauty adverts. Remarks about body expectations in women and children and that digitally enhanced adverts are harmful to average people due to the misleading contributions to consumers. Debates are always sparked about how difficult it is to be healthy in a world full of unnatural, oversexed unhealthy women on televisions. Also, there is controversy over police adding features on photo line-ups to make identifying the suspect harder. This just shows that retouching has become a normal regular practice and can make life harder for people with mental health issues who are subjected to watching these adverts on the television and on social media from stars who enhance their images to appeal to the masses. It is not just people in adverts and social media. It is also product advertising such as food. Many food products are touched up in real life to make them look more appealing. Such as boot polish on burgers to make them look more chargrilled, glue in cereal instead of milk so the cereal does not sink. All of these are ethical issues and are not always upheld within the advertising industry.

Another Ethical Issue that occurs during film making and advertising is the over-sexualization of women, this is an ethical issue that occurs through all stages of production with some females actors missing out on big roles within movies or tv spots due to being passed up for someone better looking, this is a problem within the video creating community as it portrays directors and casting groups in a very negative light while also passing up good actors on roles that would help forward their careers due to their appearance. This is also an ethical issue when it comes to the audience's perspective, in only hiring physically attractive women in roles it portrays women in an over sexual way influencing what the audience believes especially in younger audiences that they need to be attractive.

As a video maker, it is my responsibility to make sure I don't allow my work to run into these ethical issues and hold my work to a professional standard that does not negatively affect any person or group of people.

Promotional Video (1 Research)

Promotional Video Introduction

In this blogpost I will be essentially breaking down the brief that I have been given to work on, The client being 'Fruit Bowl Tech', that they are starting up a tech communications company operating from Milton Keynes in the UK. They produce mobile and desktop apps that allow business clients as well as friends and families to share, explore and converse remotely as if they are in the same room.

From the Brief the main information to include/think about when planning (OUTLINING THE ESSENTIAL POINTS):

- Client who are Fruit Bowl Tech

- They originally aim at tech and business sector, but want to be appeal to families and          friends.

- Want to be perceived as friendly, approachable and essential.

- Global family tree network.

- Allows them to chat allowing new avenues of communication to open up.

- All around the world, an appreciation of heritage and ancestry.

- Global intertwined network of families.

- A facebook of the past.

- The sunny future of family history.

- Free to use.

- Easy to use.

- Will be making money by app sign ups.

- A series of video's interlinked.

- Visual and narrative style video's.

- Conveyance of a new brand identity.

- Brand interaction.

- ABC1

- 24 - 60s

- Audience will watch the video on Youtube, Instagram and Facebook.

- Sentimental.

- Nostalgic.

- Curious.

Key/essential messages 

- Staying in touch is Vital.

- Connecting to the past is as important as facing the future.

- Family is as important as friends.

Below I have inserted the brief I was given.

When planning for my promotional video, I've decided to explore the brief to the fullest extent so that the video I am creating corresponds to the audience the exact way I want it to, and appeals to the specificity of the brief I have been given. 
I have been given the information that the audience for the promotional video is ABC1 and the psychographics of that are 'Explorers', 'Mainstreamers' and 'Aspirers' this is key information to have when creating the video as there is a certain way different things are promoted to different audiences. Due to the fact my video will my aiming at the highest level of profession - the ABC1. Firstly I need to distinguish what makes this category of people different? What specifies them to be in that particular category? The video will need specific motifs that engage that type of audience and things will affect this, for example;

- the colour scheme
- actors used (clothes)
- accent
- music
- the location
- vocabulary

these are all things that the audience has to relate to in a way to engage them and get them to buy the product we are promoting.

therefore I will be exploring these in particular and finding out the typical conventions of the promo video's specifically aimed at them.



Mainstreamers, Aspirers and Explorers

I need my promotional video to be something that would be the appropriate way to apply to all these 3 categories, mainstreamers, aspirers and explorers. I feel like the mainstreamers would be very easy to battle as they would just technically be applied ton every promotional video being the biggest group of people. 
The easiest people to persuade in that sense, the aspirers and explorers are more likely to buy something if it stands out to them personally. Thats why I need to incorporate some different values that show originality and difference. They seek 'discovery' and what is better to offer them discovery than to help them find out there true family heritage and connect with people all over the world and essentially 'explore'. I feel like a good way to get the attention of explorers is to use many things related to the world map and interconnectedness, by using a global map is might show them that they are able to mix and mingle with the whole world just through the use of their FREE app, wherever they are. 
Finally for it to appeal to the aspirers who seek status, by using a fancy backdrop for every location and making the families look very affluent and happy they might personally see that and relate to it as that's what they're looking for. Status and their 'emphasis on persona and fashion' shows this to be quite a champagne taste. Wether they truly have got a lot of money it doesn't necessarily matter because the app is free and will appeal to most people, however for the aspirers to see the affluence on an advert for themselves they might see this and instantly think they need the app too, very sort of mainstream in a way.

-jewellery
-expensive things in basket
- Look at their traits and stuff
- what might appeal to them
- businesses that appeal to them
- language we might use, not colloquial
-sentimental videos and what storylines makes them stick in peoples heads

Focus Group

Focus group findings/report:

During the focus group I had planned out I decided to use my family due to the corona virus outbreak, I used open questions so that I could get an array of responses which would essentially boost my ideas and help me to formulate a plan for my brief. I do in fact have a plan in mind but I thought it might be useful in this focus group to get ideas from some of the people I would be targeting the advert at.

Participant 1 - 50 years old / female.

Participant 2 - 55 years old / female.

Participant 3 - 22 years old / male.

Participant 4 - 24 years old / male.

Participant 5 - 19 years old / male.

Prior to the focus group i had explained to my family the brief and explained that I would be creating this promotional video and wanted a particular insight to how they'd personally do it/ or do it differently to how I will portray mine. I also showed them all the different ideas I had for each video and which one they personally liked the most.

I outlined these points to them especially so that they'd understand how I was going to carry out my video and the essential information that I had to include within it. 

'- Client who are Fruit Bowl Tech

- They originally aim at tech and business sector, but want to be appeal to families and          friends.

- Want to be perceived as friendly, approachable and essential.

- Global family tree network.

- Allows them to chat allowing new avenues of communication to open up.

- All around the world, an appreciation of heritage and ancestry.

- Global intertwined network of families.

- A facebook of the past.

- The sunny future of family history.

- Free to use.

- Easy to use.

- Will be making money by app sign ups.

- A series of video's interlinked.

- Visual and narrative style video's.

- Conveyance of a new brand identity.

- Brand interaction.

- ABC1

- 24 - 60s

- Audience will watch the video on Youtube, Instagram and Facebook.

- Sentimental.

- Nostalgic.

- Curious.

Key/essential messages 

- Staying in touch is Vital.

- Connecting to the past is as important as facing the future.

- Family is as important as friends.'

Question 1: Which idea for the promotional video was your favourite and why? which one do you think fits the brief I have been given best?

P1 - Personally I think the one with the supermarket and them connecting, I'm feeling a bit emotional even just listening to the idea as its very emotive and I think if done correctly will fit the brief you have been given very well and create that nostalgic sense you've been after.

P2 - The supermarket one where they connect is my favourite too, I like the other ideas but I think you could execute it very well and intertwine the narrative storyline along with the promotional aspects and make it look very good to appeal to the audience range you've been given.

P3 - I like the instagram one as it's snappy and gets it all across easily, the texting will also be a good motif to get across as will help to explain how the app will be used, I like all the ideas but I prefer this one as it gets across the message better.

P4 - If you're more after the nostalgic emotive feel I would say to go for the supermarket one because it creates emotion, but if you were going for the more facts based one then go for the instagram, I prefer the supermarket one and I believe it would be something I'd see and remember.

P5 - I like the supermarket one too, it's very different and out there and you could combine the two elements of emotion and facts of the app together to create something very different.

Analysis of answers : After this question I decided to inform them that this would be the route I was taking with my plan, the supermarket one as it had the best responses and I also would enjoy making and planning it the most as it's something different and something that would stand out to me personally, and I also had very good feedback from the teams call when explaining the outline of my plan. I was happy with the result and I personally was expecting the reaction to be all the same because it's something I think could fit the brief really well and look exceptional and different to everybody else's.

Question 2 : What colours do you associate with ancestry websites and higher class?

P1 - Reds and greens darker colours mainly.

P2 - Green and golds.

P3 - Royal blue, green, gold, silver.

P4 - Green and gold.

P5 - Silver and green.

Analysis of answers : I asked this question specifically so that I could gather a broad knowledge of what colours they associate with the upper class and ancestry websites, the answers did not shock me at all as it was the exact answers I expected, everybody tends to use greens to associate with ancestry websites as it resembles the classic family tree that it is always represented to be. The gold/silver is another I was hoping to get because I would personally want to use that but only subtle to create this wealth and affluence of the promotional video.

Question 3 : What location do you think would be best to be shown to engage the audience?

P1 - I think using the more upper class supermarkets, M&S, Waitrose, maybe even expensive restaurants too to show how people have connected over the app.

P2 - Definitely using upper class supermarkets the more expensive ones to show the affluence of the actors but also showing the people they should be engaging as an audience should be similar to the actors so they can relate to it.

P3 - Higher class places, with good decorations and smart interior so that the people watching can relate it to themselves.

P4 - Yes I agree, just higher class places to show the audiences who they'll be engaging with in a way.

P5 - Well from the brief you've been given I think it would fit well to do a higher class place, well decorated and places that the rich can relate to.

Analysis of answers : This question was asked so that I could gage what locations I was going to use in my plan and so I could be sure of where I was going to set it all, I already had the ideas of the supermarket but was unsure of other places I could've used.




Question 4 : What actors do you expect to see?

P1 - I think for the age range targeted it's best to use actors that are between 24-60, maybe to give the older generation who are slower with technology a sort of hope that if other people their age can do it, then so can they.

P2 - Yes I agree, using older generation actors is a good idea, but possibly children too which adds to them relating to it because most people 24-60 will be thinking of having children, or have had them so it could be a good way to gage their attention.

P3 - I think using a range of actors from all ages as it could help bring everyone together, like the app is supposed to do.

P4 - Yeah using a range of actors is a good idea, but using one's from the age ranges the brief has given would probably be best due to the level of engagement you'll get.

P5 - Using older more mature actors to help engage your range and also to give them the hope that they will be able to use the app free and easily like you're supposed to.



Analysis of answers : This was a good question to ask to get the knowledge from others about who they feel should be being portrayed on their screens and why, the main answer being to people from 24-60, who the app is mainly aimed at and I somewhat agree to do this as it will specifically target them.





Question 5 : What music do you think should be played in the background?

P1 - I think soft music, nothing with too many lyrics just something that can be played in the background.

P2 - Something classical and soft.

P3 - Something that is know by all, a song that will stick in people's heads and make them think of the advert when they think of the song.

P4 - A happy upbeat song which reflects the mood the audience should be feeling when watching it, if that mood is nostalgic then nostalgic music should be used.

P5 - Something catchy and memorable, something happy.

Analysis of answers : I personally think I will use a soft classical nostalgic piece of music which I already have some ideas for, such as the river within you type of beats, something very heartwarming and a subtle piece that everyone will enjoy and think of the advert when they think of/hear the song.