Plans for Photoshoots

Product: This will be a fashion magazine for teenagers

Theme: Seasons – Winter, Spring, Summer, Autumn
Models: Izzy Livingstone, Robert Bingham
Locations: Photo studio in college, Loushers Lane Park, Paddington Meadows
Equipment Required: DSLR, Tripod
Schedule:
Tuesday 1st May – Winter and Spring
Wednesday 2nd May – Summer and Autumn
Contingency Plans: I will have back up models just in case either of them are
not free enough or can’t do days I can. I will book new days if it rains as almost
all my pictures are outside, and if that is not possible in the time frame I will
reconstruct a new cover inside.
Legal:
Copyright, Designs and Patents Act 1988
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.

Types of work protected:

Literary - Song lyrics, manuscripts, manuals, computer programs, commercial
documents, leaflets, newsletters and articles etc.
Dramatic - Plays, dance etc.
Musical - Recordings and score.
Artistic - Photography, painting, sculptures, architecture, technical
drawings/diagrams, maps, logos.
Typographical arrangement of published editions - Magazines, periodicals, etc.
Sound recording - May be recordings of other copyright works, e.g. musical and
literary.
Film - Video footage, films, broadcasts and cable programmes.
The Copyright (Computer Programs) Regulations 1992 extended the rules
covering literary works to include computer programs.
Duration of copyright:
For literary, dramatic, musical or artistic works: 70 years from the end of the
calendar year in which the last remaining author of the work dies.
If the author is unknown, copyright will last for 70 years from end of the
calendar year in which the work was created, although if it is made available to
the public during that time, by publication, authorised performance, broadcast,
exhibition etc, then the duration will be 70 years from the end of the year that
the work was first made available.
Sound Recordings: 50 years from the end of the calendar year in which the
work was created or, if the work is released within that time, 70 years from the
end of the calendar year in which the work was first released.
Films: 70 years from the end of the calendar year in which the last principal
director, author or composer dies.
If the work is of unknown authorship: 70 years from end of the calendar year of
creation, or if made available to the public in that time, 70 years from the end
of the year the film was first made available.
Typographical arrangement of published editions: 25 years from the end of the
calendar year in which the work was first published.
Broadcasts and cable programmes: 50 years from the end of the calendar year
in which the broadcast was made.

APPLICATION:
Magazine producers would make sure they produce their own original content,
which is the text and images in the magazine. If needed to use copyrighted
material, they’d need to get the correct permissions to use it by documented
consent, which can either be written or verbal.
In my own magazine, I will make sure I use my own content by taking my own
pictures and writing my own articles. I will then check against existing
magazines to make sure I have not stolen content from any of those.

Equality Act 2010

This law legally protects people from discrimination in the workplace and in
wider society.
It is against the law to discriminate against anyone because of:
- Age
- Being or becoming a transsexual person
- Being married or in a civil partnership
- Being pregnant or on maternity leave
- Disability
- Race including colour, nationality, ethnic or national origin
- Religion/belief or lack of religion/belief
- Sex
- Sexual orientation
This is a CRIMINAL law.
Therefore anyone who is considered to be breaking the law could be arrested.
It would result in a criminal trial which if found guilty could result in a fine or
jail sentence.

APPLICATION:
Magazine producers must make sure to not be deliberately discriminatory
against the key groups listed above in images and text. It could cause the
audience to be offended or the loss of the audience, and may also result in
complaints to the magazine regulatory body which is IPSO. It can also break the
law.
For my own magazine, I will make sure there is no stereotypes included in the
images or the text, and to avoid using negative stereotypes, I must be aware of
what those are for each group included. I will be careful when planning the
pictures and selecting the mise-en-scene for those pictures.

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.
Types of protection - The type of protection you can get depends on what
you’ve created. You get some types of protection automatically, others you
have to apply for.
Automatic protection - Protection you have to apply for
Type of protection:
- Examples of intellectual property
- Time to allow for application
- Trade marks
- Product names, logos, jingles
(4 months)
Registered designs - Appearance of a product including, shape, packaging,
patterns, colours, decoration (1 month)
Patents - Inventions and products, e.g. machines and machine parts, tools,
medicines (Around 5 years)

APPLICATION:
Magazine producers will not copy other magazines’ house styles, and will make
sure they haven’t by checking against existing magazines.
For my own magazine, I will create my own logo, colour scheme, layout and
font to create a distinct house style for my magazine. I will make sure any of
those elements are not taken from anywhere else, which will be outlined in my
publication plan.

Obscene Publications Act 1959

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.

APPLICATION:
Magazine producers will not include anything obscene in there magazines such
as swearing or violent language or imagery. If any is in the magazine, they will
cut it out or censor it with asterisks or anything else that fits their house style.
In my own magazine, the pictures will be planned to be appropriate for the
audience, such as not featuring any nudity or overly violent acts. I will check
through the content again to make sure all obscenities are cleared from the
magazine. There will be awareness of this in all stages of production when
planning pictures and editing images and articles.

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.

APPLICATION:
Magazine producers must make sure they do not enter private property
without permission for a photoshoot, research or an interview. if they do need
a private place for any of this, they will need to get the proper permission and
have it documented.

For my magazine, I will plan where my pictures are taken, which will be in a
public place. However, if I decide that permission is needed, I will get the
proper permission which is property release form.

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.

APPLICATION:
Magazine producers wouldn’t release anyone’s personal info such as phone
numbers, addresses or finances without their permission. If they took a picture
and members of the public were in it, they would need to get permission from
them to use their image in their magazine, and it would be the same for any
celebrities. They will just generally not invade privacy.
In my magazine, I would get anyone in the magazine’s permission to use them
in the magazine getting anyone who features in it to sign a model release form.
I will censor any personal info in my magazine by cutting it out in post.

Defamation Act 2013

This Act reformed defamation law on issues of the right to freedom of
expression and the protection of reputation. It also comprised a response to
perceptions that the law as it stood was giving rise to libel tourism and other
inappropriate claims.

The Act changed existing criteria for a successful claim, by requiring claimants
to show actual or probable serious harm (which, in the case of for-profit
bodies, is restricted to serious financial loss), before suing for defamation in
England or Wales.

It also enhanced existing defences, by introducing a defence for website

operators hosting user-generated content (provided they comply with a
procedure to enable the complainant to resolve disputes directly with the
author of the material concerned or otherwise remove it), and introducing new
statutory defences of truth, honest opinion, and "publication on a matter of
public interest“.

LIBEL
A written, published false statement that is damaging to a person's reputation.

SLANDER
Making a false spoken statement damaging to a person's reputation.

Defamation is a civil law and so you would need to sue someone who you
believe has damaged your reputation.

APPLICATION:
Magazine producers wouldn’t publish any false statements or accusations in
the images or text, especially when it can harm someone’s reputation and also
can mislead the audience.
In my own magazine, I will not publish anything that is false or unconfirmed. I
would either research about any information in my article to make sure it is
accurate or if I’m still unsure I’ll cut it out. I will also avoid harming anybody’s
reputation in general in the images and text as it could mislead the audience.
Ethical:
Ethical Constraints
Rather than legal constraints, ethical issues are based on judgement. They are
what society considers as morally acceptable.
If something is seen as ethically wrong then it is first investigated to see if it is
breaking any laws. However, if it is not in violation of any of these laws then it
comes under ethical issues.

This means that no law has been broken, however the public may see it as
offensive or controversial. Many ethical concerns are raised by groups of
specific people. These groups may find the publication offensive, due to how
the minority are represented.

Content – Images and text

Content needs to be appropriate for the audience and not include things like
bad or violent language, or any nudity or violence in images. Negatively viewed
ideas and beliefs will also not be included in the magazine. If the line is crossed
too far, it could link to Obscene Publications and result in breaking the law, and
also offended or loss of readers, and potentially complains to the regulatory
body which is IPSO.

APPLICATION:
With my magazine, I will meticulously plan my imagery and make sure the
mise-en-scene of it is appropriate. I will also plan appropriate content by
avoiding violent imagery or language, or any swearing too. Extra care will be
taken in the production stage when taking pictures. In post-production with my
editing I will censor bad language and cut out any negative ideologies or
beliefs.
Representation
Representation is the way different people, places or events are portrayed. This
can be an issue because of stereotypes, because groups of people can be
defined by only a few characteristics which are often negative (such as women
are weak) and these should be avoided.

APPLICATION:
In making my magazine, I will be aware of these negative stereotypes during all
stages of production and will avoid in all of these stages. I will be careful when
choosing the mise-en-scene of the costumes in the images so that they do not
reinforce any negative stereotypes.