P4: Describe how the proposal conforms to meet all legal and regulatory requirements
Legal considerations for my application:
Copyright and intellectual Property:
As the application revolves around music videos and musical content, I will have to ensure that music artists and their companies do have the rights or intellectual property of the music or music video they have created. Then I need to ensure I have the rights to play their music or show their music videos. To ensure that I have the rights, I will have to apply for a PRS and PPL licence for the application. PRS (Performing Rights Society for Music) is a company who confirms and certifies that a company or organisation will have the rights to display and share copyrighted music via the organisation sharing it.
Data Protection:
The data protection act was put in place to control how companies use and store personal information. This effects all businesses, organisations and even the government. Different types of data have different legal protections, this is to ensure that peoples private information doesn't get used or shared.
Media regulation:
Media regulation is when applications or sites have their own form of protection when people are able to share content. For example, applications with comment or review sections will have to have regulators, people who read and review the content and ensure that nothing offensive, or harmful is being said or shared. This means that the application will be more safe for a wider audience to use. Other regulations will be put in place when creating my app, these will regulate the music videos and content which is available on the application. For example, music videos will need to be appropriate for the app users, this is because there will be a varying age of users on the app and everything needs to be appropriate for the youngest age. Other considerations will include the clothing, this is because some clothing's are considered offensive in different cultures, so to ensure that everything is appropriate, different countries and cultures will have different regulations on the app to ensure that no one gets offended.
Regulatory bodies to consider for the application:
As the application revolves around music videos and musical content, I will have to ensure that music artists and their companies do have the rights or intellectual property of the music or music video they have created. Then I need to ensure I have the rights to play their music or show their music videos. To ensure that I have the rights, I will have to apply for a PRS and PPL licence for the application. PRS (Performing Rights Society for Music) is a company who confirms and certifies that a company or organisation will have the rights to display and share copyrighted music via the organisation sharing it.
Data Protection:
The data protection act was put in place to control how companies use and store personal information. This effects all businesses, organisations and even the government. Different types of data have different legal protections, this is to ensure that peoples private information doesn't get used or shared.
Media regulation:
Media regulation is when applications or sites have their own form of protection when people are able to share content. For example, applications with comment or review sections will have to have regulators, people who read and review the content and ensure that nothing offensive, or harmful is being said or shared. This means that the application will be more safe for a wider audience to use. Other regulations will be put in place when creating my app, these will regulate the music videos and content which is available on the application. For example, music videos will need to be appropriate for the app users, this is because there will be a varying age of users on the app and everything needs to be appropriate for the youngest age. Other considerations will include the clothing, this is because some clothing's are considered offensive in different cultures, so to ensure that everything is appropriate, different countries and cultures will have different regulations on the app to ensure that no one gets offended.
Regulatory bodies to consider for the application:
ASA:
The ASA is the Advertising Standards Authority and they regulate the advertising in the United Kingdom. I will need to consider this regulatory body as my application will contain advertising and I will have to ensure that no one is offended by the application. Considering that my product will need to be approved by the ASA, I looked into their rulings as there will be advertising on my application.
The fist rule I looked into was the Misleading Advertising rule from Section 3, this rule is used to ensure that I don't mislead the audience of my application. This means that my app cannot contain adverts or I cannot advertise the application as something it isn't. Doing this will mean that my application is being promoted as something it isn't and therefore the users will be downloading an application which isn't what they expected. This is the same as adverting other products inside my application, as I will need to ensure that this rule is followed by these adverts too for the same reasons. The way to ensure that these adverts aren't misleading would be to ensure that the information is accurate and the information gained via a secondary source is reliable and cross-referenced.
Another key code I would need to comply with would be Code 4 which is Harm and Offence. This rule states that "Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18". This is a very important rule for me as the target audience for my planned application are under 18 so content advertised to them will especially need to be considered for this. I will need to ensure that the content which is advertised wont contain content which causes the harm's stated above.
Code 5 is also a very important code to consider when advertising to my audience, this is because the rule states "Advertisements must not condone, encourage or unreasonably feature behaviour that could be dangerous for children to emulate". To ensure that these rules are met, I will need to ensure that the content I produce won't contain anything which is considered inappropriate for children or something which would be considered dangerous if a child was to try to emulate what they saw.
The ASA is the Advertising Standards Authority and they regulate the advertising in the United Kingdom. I will need to consider this regulatory body as my application will contain advertising and I will have to ensure that no one is offended by the application. Considering that my product will need to be approved by the ASA, I looked into their rulings as there will be advertising on my application.
The fist rule I looked into was the Misleading Advertising rule from Section 3, this rule is used to ensure that I don't mislead the audience of my application. This means that my app cannot contain adverts or I cannot advertise the application as something it isn't. Doing this will mean that my application is being promoted as something it isn't and therefore the users will be downloading an application which isn't what they expected. This is the same as adverting other products inside my application, as I will need to ensure that this rule is followed by these adverts too for the same reasons. The way to ensure that these adverts aren't misleading would be to ensure that the information is accurate and the information gained via a secondary source is reliable and cross-referenced.
Another key code I would need to comply with would be Code 4 which is Harm and Offence. This rule states that "Advertisements must contain nothing that could cause physical, mental, moral or social harm to persons under the age of 18". This is a very important rule for me as the target audience for my planned application are under 18 so content advertised to them will especially need to be considered for this. I will need to ensure that the content which is advertised wont contain content which causes the harm's stated above.
Code 5 is also a very important code to consider when advertising to my audience, this is because the rule states "Advertisements must not condone, encourage or unreasonably feature behaviour that could be dangerous for children to emulate". To ensure that these rules are met, I will need to ensure that the content I produce won't contain anything which is considered inappropriate for children or something which would be considered dangerous if a child was to try to emulate what they saw.
BBFC:
Having looked at the BBFC's guidelines for regulation, I need to consider their rulings for my application. The BBFC regulates films and music videos, so this means all of the music videos which will be featured on the application will need to get the BBFC's approval before I am able to display them on my application. I need to ensure that no music video is rated over the age of 12 as this will effect my target audience and therefore some of my audience wont be able to use the application. To ensure that my product conforms to this, I will need to ensure that all of the music videos uploaded to the application comply with the Rules and Regulations set by the BBFC to achieve the age rating of 12. There are multiple rules which apply to different age ratings applied, however to ensure that my product is suitable for my audience, I will ensure that all of the rules for 12 rated videos are met.
To get a rating of 12, I would need to consider the following;
Having looked at the BBFC's guidelines for regulation, I need to consider their rulings for my application. The BBFC regulates films and music videos, so this means all of the music videos which will be featured on the application will need to get the BBFC's approval before I am able to display them on my application. I need to ensure that no music video is rated over the age of 12 as this will effect my target audience and therefore some of my audience wont be able to use the application. To ensure that my product conforms to this, I will need to ensure that all of the music videos uploaded to the application comply with the Rules and Regulations set by the BBFC to achieve the age rating of 12. There are multiple rules which apply to different age ratings applied, however to ensure that my product is suitable for my audience, I will ensure that all of the rules for 12 rated videos are met.
To get a rating of 12, I would need to consider the following;
- Discriminatory language or behaviour in my application must not be endorsed by the work as a whole. Aggressive discriminatory language or behaviour is unlikely to be acceptable unless clearly condemned.
- Misuse of drugs must be infrequent and should not be glamorised or give instructional detail.
- 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.
- 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.
- There may be moderate 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.
- There may be nudity, but in a sexual context it must be brief and discreet. My planned music video has no form of nudity or sexual content, so therefore my music video product won't be effected by this regulatory rule.
- Sexual activity may be briefly and discreetly portrayed. Moderate sex references are permitted, but frequent crude references are unlikely to be acceptable.
- 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.
- 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. Sexual violence may only be implied or briefly and discreetly indicated, and its depiction must be justified by context.
PRS and PPL:
In my application I will have music videos which will contain the music written by the artist. To use this, I will need to ensure that I have the correct license to use and distribute their music. Exemplary licences will be PRS and PPL who are companies who we pay to use the music which is covered by their licenses. Doing this will ensure that I am using the music on the application legally and that there won't be any issues with using the music on the application.
In my application I will have music videos which will contain the music written by the artist. To use this, I will need to ensure that I have the correct license to use and distribute their music. Exemplary licences will be PRS and PPL who are companies who we pay to use the music which is covered by their licenses. Doing this will ensure that I am using the music on the application legally and that there won't be any issues with using the music on the application.
GDPR presentation by Oscar JH Carter on Scribd
P5: ASSESS THE ETHICAL, SOCIAL AND MORAL IMPACT YOUR PROPOSAL COULD HAVE ON STAKEHOLDERS
There are many different ethical, social and moral issues which have the potential to have an impact on my product. I will have to discuss these issues with the app developers and creators, as well as discussing them in my pitch and proposal to ensure that nothing is planned with these issues and to ensure that the client apporve of the product which is planned to be created. Discussing and avoiding these issues will ensure that my application doesn't run into any ethical, social or moral problems when the public are using the application.
Stakeholder Impact by Oscar JH Carter on Scribd