Entertainment Law and Intellectual Property - Essay Example

?Entertainment Law Table of Contents Section Intellectual Property 4 Introduction 4 Discussion 4 Conclusion 5 References 6 Section 2: Contract andAgency Law 7 Introduction 7 Discussion 7 Conclusion 8 References 9 Section 3: Consumer Law 10 Introduction 10 Discussion 10 Conclusion 11 References 12 Section 4: Public Order and Human Rights 13 Introduction 13 Discussion 13 Conclusion 14 References 15 Section 5: Health and Safety 16 Introduction 16 Discussion 16 Conclusion 17 References 18 Section 6: Licensing Act 19 Introduction 19 Discussion 19 Conclusion 20 References 21 Section 7: Negligence and Liability 22 Introduction 22 Discussion 23 Conclusion 24 References 25 Section 8: Employment 26 Introduction 26 Discussion 26 Conclusion 27 References 29 Section 1: Intellectual Property Introduction Intellectual property (IP) can be defined as the lawful rights that originate from the conduct of intellectual activities performed in the scientific, industrial, artistic and literary fields. The prime intention of the law concerning intellectual property is to defend the producers along with other creators involved in making intellectual based goods or services through providing them with certain time-restricted rights. The law relating to intellectual property aims at fostering fair trade which would in turn contribute towards making superior financial along with social advancements by a significant level (WIPO, n.d.). Discussion In order to determine the impact of intellectual property law upon the organisers, participants and spectators of festivals in the United Kingdom, it can be apparently observed that the aforesaid law supports the development of the UK in terms of encouraging innovation concerning the application of pioneering technologies in any business field. Furthermore, the law relating to IP in the UK tends to lessen the risks involved in inventing as well as generating new products or brands, stimulate innovation and most significantly facilitate greater financial growth at large. Thus, on a positive note, it can be affirmed that IP law plays a decisive role towards the development of the UK by a greater degree (Hargreaves, 2011). It is worth mentioning that IP law can be duly considered as one of the vital areas of business law which largely affects the organisers, participants and the spectators of the festivals in the UK. This can be justified with reference to the fact that there lays several issues related to IP that generally erupt while conducting festivals in the UK. In this regard, one of the crucial IP related issues can be demonstrated as the unofficial recording of any festival performance in the form of photography or sound recordings. From the viewpoint of the organisers relating to IP law, the protection of IP at any festival by adopting as well as executing effective IP tools comprising copyright, trademarks and performers’ rights can affect or impose extensive impact especially upon the organisers of festivals in the UK by a certain degree. In relation to the participants, the IP law can affect them in terms of providing warning to them and the media regarding the aspect that the traditional knowledge of the performances along with the displays of the participants are not adapted or copied without prior approval of the participants. In addition, it can be stated that apart from the organisers as well as the participants, the IP law also affects the spectators of festivals in the UK by a significant level. This can be justified with reference to the fact that the prohibition of taking the photographs of the participants who perform in the festivals might affect the spectators in the UK by a certain degree. As the spectators possess the desire to have a close view of their respective favourite participants in the form of performers, the restriction towards not providing such facility might eventually affect the spectators of festivals in the UK at large (Janke, 2009). Conclusion Thus, on the basis of the above discussion, it can be affirmed that IP law affects the organisers, participants and the spectators of festivals in the UK by a certain degree. References Hargreaves, I. (2011). ‘Intellectual property and growth’. Digital Opportunity: A Review of Intellectual Property and Growth, pp. 1-123. Janke, T. (2009). ‘Introduction’. Intellectual Property Issues and Arts Festivals: Preparing for the 11th Festival of Pacific Arts, pp. 1-136. WIPO. (n.d.). ‘The concept of intellectual property’. WIPO Intellectual Property Handbook: Policy, Law and Use, pp. 1-14. Section 2: Contract and Agency Law Introduction Contract law in the UK generally takes certain significant areas into concern that comprise capability to form a particular contract, formation of a contract and remedies among others. It can be apparently viewed that the contract law based in the region of the UK is fundamentally dealt with by legal executives as well as specialist lawyers (British Law, n.d.; Stone, 2012). Discussion The aforesaid law can affect the organisers of festivals in the UK by making them to pay utmost attention upon performing effective waste management practices. This might be related with one of the vital areas of contract law i.e. formation of a contract. In relation to the participants, the important area of contract law i.e. capability to form a particular contract can be associated. This can be justified with reference to the fact that it is necessary for the festival organisers to provide an offer to the participants and the acceptance of the offer mainly depends upon the terms and conditions that are laid down by the festival organisers upon the participants. Any sort of disagreement concerning the terms and conditions of the contract might affect the participants of festivals in the UK. In addition, the protection factor can be one of the critical aspects, which broadly affects the spectators of festivals in the UK by a greater degree. Due to the participation of well-known artists for performing their activities in the festivals, it is obvious that a huge figure of spectators would attend those events with greater enthusiasm. Thus, the protective measures to prevent any kind of harm to the participants can affect the spectators by a certain degree. This can be regarded as one of the important areas of contract law i.e. remedies. Agency law mainly denotes the lawful duties or responsibilities of a particular agent who is making an activity successful (The Letting Centre, 2013). According to this particular law, several duties or tasks in the form of agents might affect the organisers, participants and the spectators of festivals in the UK by a greater degree. In this similar concern, from the viewpoint of the organisers, the lawful duties such as conducting effective waste management related activities, providing superior protection to the spectators and performing the duties related to care as well as skill may affect the festival organisers at large. Besides, the various legitimate duties or tasks in the form of an agent under the guidance of agency law such as duty of conducting individual or personal performances in accordance with the norms and conditions mentioned in the contract law may affect the participants of festivals in the UK by a certain degree. Finally, the lawful responsibilities such as obedience, loyalty, indemnity and accountability among others may have the potential to affect the spectators of festivals in the UK by a significant level (The Letting Centre, 2013). Conclusion Thus, on the basis of the above discussion, it can be affirmed that the legislations concerning contract and agency law affect the organisers, participants and the spectators of festivals in the UK by a certain degree. References British Law. (n.d.). Contract law. Available at: http://www.britishlaw.org.uk/org_contract.html (Accessed: 12 August 2013). Stone, R. (2012). Text, cases and materials on contract law. United Kingdom: Routledge. The Letting Centre. (2013). The law of agency - legal duties of an agent. Available at: http://www.letlink.co.uk/articles/agency/the-law-of-agency-legal-duties-of-an-agent.html (Accessed: 12 August 2013). Section 3: Consumer Law Introduction In general, consumer law is fundamentally regarded as a legitimate area which mainly emphasises towards providing greater protection especially to the consumers at the time when they buy any particular product or avail any specific service. It can be apparently observed that this particular Act has been introduced as well as executed in the UK in order to ensure that the purchase of a product or service by the consumers is defended pertaining to various critical issues such as mis-selling or fraud among others (BIS, 2010; Howells & Weatherill, 2005). Discussion After acquiring a brief idea about the aspect of consumer law, it can be affirmed that this particular law might affect the organisers, participants as well as the spectators of festivals in the UK by a certain degree. It has been apparently viewed that numerous festivals are frequently conducted in the region of the UK which eventually has resulted in developing the economy of the nation along with making the consumer law more rigid and applicable (Haslam, 2009). With reference to consumer law, it can be stated that the festival organisers could be affected by a significant level as compared to the participants and the spectators in the UK. This might be owing to the reason that the festival organisers have to perform various significant activities that include organising festivals, forming effective contract with the participants along with executing effective strategies for the purpose of smoothly conducting any sort of festivals by a considerable level. The ultimate target of the festival organisers can also be viewed to deliver greater protection to the spectators in the form of customers under the guidance of consumer law. The effective or smooth execution of the aforesaid activities might affect the festival organisers in the UK at large. With regard to the participants, the terms and conditions as depicted in the contract of conducting individual or personal activities might affect the participants of festivals in the UK by a considerable level. It is worth mentioning that with regard to consumer law, it is the festival organisers along with the participants who would be much affected owing to the festivals in the UK. This can be in consequence of the reason that the prime intention of both of them is to satisfy the spectators as consumers and deliver a considerable extent of protection to them in case of any urgency or complexity. Finally, from the standpoint of the spectators, any sort of misconduct or ineffectiveness towards forming a valid contract by the festival organisers with the participants and the unexpected performances of the participants might affect the spectators of festivals in the UK by a significant level. Conclusion Thus, on the basis of the above discussion, it can be affirmed that the facet of consumer law would affect the organisers, participants and the spectators of festivals in the UK by a certain degree. References BIS. (2010). Introduction. Consolidation and Simplification of UK Consumer Law, pp. 1-220. Howells, G. G., & Weatherill, S. (2005). Consumer protection law. United States: Ashgate Publishing, Ltd. Haslam, C. (2009). Do music festivals contribute to local tourism? Available at: http://www.insights.org.uk/articleitem.aspx?title=Do%20Music%20Festivals%20Contribute%20to%20Local%20Tourism?#The%20Festivals (Accessed: 12 August 2013). Section 4: Public Order and Human Rights Introduction Public Order Act and Human Rights Act in the UK can be apparently observed as quite similar that plays an imperative part towards bringing substantial social and political changes in the nation. In this similar concern, Public Order Act signifies the creation of new offences associated with several public disorders and most significantly it portrays the protection of general public from any sort of aggression and racial discrimination among others (Crown, n.d.). On the other hand, Human Rights Act in the UK represents the body of law pertinent to protesting. It can be apparently observed that the aforesaid laws came into force in the year 2000 in the UK for defending the rights of the general public concerning treating every individual with equal dignity, respect along with fairness by a greater degree. Though the protection of every individual in this particular circumstance is mainly focused upon, the aforesaid two laws i.e. Public Order and Human Rights can often said to be quiet identical or similar to each other by a significant extent (Liberty, n.d.; Kavanagh, 2009). Discussion After acquiring a brief idea about the Acts relating to Public Order and Human Rights, it can be affirmed that the aforesaid two Acts might affect the organisers, participants and spectators of festivals in the UK by a considerable level. This can be justified with reference to the fact that the aforementioned Acts impose legal impacts in the UK with regard to fundamental rights as well as freedom such as respect for conscience along with religion, respect for family life and freedom of expression and association among others. Relating to the conduct of festivals, it can be affirmed that both the aforesaid laws would affect the festival organisers in terms of fostering broader participation of the participants in any sort of festival irrespective of religion, creed or caste. From the standpoint of the participants, the above mentioned laws might affect them in terms of conducting their personal or individual performances by complying with the requirements of the diverse groups of spectators. Moreover, the non-adherence of specific terms and conditions that have been mentioned in the contract by the festival organisers would also affect the participants of festivals in the UK by a significant level. In order to determine the effect of Public Order and Human Rights Act especially upon the spectators of various festivals in the UK, it can be stated that procedure of handling the huge audiences in a discriminative manner might be a critical concern. In this similar concern, it can be affirmed that for the purpose of mitigating this situation, the entire process needs to be handled in a non-discriminative way which would result in favourably affecting the spectators of festivals in the UK by a certain degree. Conclusion Thus, on the basis of the above discussion, it can be affirmed that the laws concerning Public Order and Human Rights would affect the organisers, participants and the spectators of festivals in the UK by a significant level. References Crown. (n.d.). Public order act 1986. Available at: http://www.legislation.gov.uk/ukpga/1986/64/section/5 (Accessed: 12 August 2013). Kavanagh, A. (2009). Constitutional review under the UK human rights act. United States: Cambridge University Press. Liberty. (n.d.). Protest your rights. Available at: http://www.liberty-human-rights.org.uk/campaigns/protest/nusliberty-rights-document-a5.pdf (Accessed: 12 August 2013). Section 5: Health and Safety Introduction It can be ascertained that Health and safety at Work Act (HSWA) of 1974 focuses upon legislations that cover the occupational health and safety standards. Health and Safety law encompasses various arrangements to implement health as well as safety measures. It further considers setting up of the emergency procedures along with providing a set of clear information and training to the employees. Health and Safety Commission (HSC) has been set up in accordance with the law of HSWA, 1974 to ensure the protection of health as well as welfare of the employees. There are various actions that are executed by HSC under the act of Health and Safety. In accordance with HSWA, health as well as safety policies can impose significant impact upon the overall performance of the industries at risk (HSE, 2013; HSE, 2003). Discussion Different festival organisers in the UK need to follow certain rules and regulations imposed by Health and Safety at Work Act. It entails the fact that organisers of an event must ensure safety standard along with welfare of participants. Furthermore, it encompasses the notion that it is necessary for an organiser to ensure that the participants as well as spectators are not affected by work activities with regard to health and safety aspects. Moreover, it also states that organiser will be held responsible and liable for ensuring safety measures with regard to technologies and machineries that are being used by the participants. It is the core duty as well as responsibility of organisers to prevent and to control the harmful emissions within atmosphere emanated from work activities. Provisions on the usage of work equipment as well as control measures with regard to hazardous accidents come under the duties and responsibilities of the organisers (ATL, 2013). In the view of Health and Safety law of the UK, the participants’ responsibilities with regard to health and safety standards reflect their duties towards this particular Act. It is the responsibility and the duty of participants to not get involved and to not force others to assume unwanted risks. Furthermore, organisers’ also need to be prepared to provide adequate health and safety standards. Moreover, participants must endure specific knowledge regarding health as well as safety hazards, risk assessment and control measures. Furthermore, it has been revealed that it is the responsibility of the participants to derive protective as well as welfare equipment for safety measures (ATL, 2013). Conclusion In accordance with the health and safety related laws for the spectators, it is the responsibility of organisers to provide written template to audiences or spectators with regard to safety measures and policies. It is the responsibility of spectators to cooperate with the organisers by following emergency procedures. The written code of conduct by organisers will enable spectators to have a brief knowledge regarding safety procedures. Furthermore, in the written document, emergency exists and first aid measures as well as specified contact details must be inscribed. It is the core duty of spectators to follow safety instructions wherever necessary (HSE, 2013). References ATL. (2013). Health and safety legislation. Available at: http://www.atl.org.uk/health-and-safety/legal-framework/health-safety-legislation.asp (Accessed: 12 August 2013). HSE. (2003) Health and safety regulation: a short guide. Available at: http://www.hse.gov.uk/pubns/hsc13.pdf (Accessed: 12 August 2013). HSE. (2013) Health and safety at work etc act 1974. Available at: http://www.hse.gov.uk/legislation/hswa.htm (Accessed: 12 August 2013). Section 6: Licensing Act Introduction The legislation of the UK law covers Licensing Act 2003 that entails provisions with regard to the rules and the regulations of ‘Supply of alcohol’, ‘Provision of entertainment’ and ‘Provision for night refreshment’. It further entails provisions about the offences associated with alcohol as well as the persons being involved in it. Under the Licensing Act 2003, a ‘Temporary Event Notice’ is given to any person of the age of 18 or above to conduct temporary licensing activities within the premises but the person is not allowed to do so after 168 hours. Regulated entertainment refers to the entertainment that is provided in the presence of spectators with a purpose of ensuring entertainment to the audiences. Furthermore, it has been revealed that Licensing Act lays a framework for regulating various entertainment activities. It also encompasses provisions with regard to regulated entertainment (Legislation.gov. uk, 2003). Discussion In relation to the organisers, it is their responsibility to get informed about the arrangements concerning a particular event or festival which is going to be conducted. Furthermore, it has been determined that the organisers must consider policies, rules and regulations laid down by Licensing Act, 2003. Organisers need to consider that for some events they require single license with regard to premises to cover a broader range of activities. Moreover, it the responsibility of organisers to prepare the operating schedule, provide license to the concerned authorities and offer assistance related to the preparation. This particular Licensing Act enables organisers to attain legal permission for organising festivals to entertain the general public. Furthermore, it is the duty of organisers to follow noise legislation as depicted in the Licensing Act, 2003. Thus, Licensing Act enables organisers to arrange a festival without any interruption, considering all the policies, rules and regulations (Morleo, Harkins, Hughes, Hughes and Lightowlers, 2012). Execution of Licensing Act enables the participants to ensure better arrangements with regard to the event or the festival that is going to be conducted. In this context, it has been further ascertained that the provisions under the Licensing Act ensure secured procedures along with the implementation of legal rules and regulations that ensure security to the participants with regard to fraudulent practices. Furthermore, the implementation of Licensing Act, 2003 helps the organisers to ensure proper entertainment for spectators without any interruption. In accordance with Licensing Act 2003, it has also been ascertained that it facilitates to prevent nuisance created by public at any event show (BBC, 2008). Conclusion Correspondingly, Licensing Act, 2003 also ensures benefit for spectators. It ascertains the prevention of fraudulent activities with regard to the event that is going to be executed. Licensing Act benefits the spectators by providing them a wider diversity along with an assortment of choices for the venues. Furthermore, by executing the provisions, policies and regulations under Licensing Act, it protects the general public from getting mislead or cheated. Moreover, with regard to Licensing Act it has been further determined that it lays a greater impact on crime within public area. Furthermore, Licensing Act ensures a banning on the sale of illegal goods to the minority group which in turn enables a smooth execution of the festival (BBC, 2008). References BBC. (2008). Evaluation of the impact of the licensing act 2003. Available at: http://news.bbc.co.uk/2/shared/bsp/hi/pdfs/04_03_08_Licensingevaluation.pdf (Accessed: 12 August 2013). Legislation.gov. uk. (2003). Licensing act 2003. Available at: http://www.legislation.gov.uk/ukpga/2003/17/introduction (Accessed: 12 August 2013). Morleo M, Harkins C, Hughes K, Hughes S and Lightowlers, C. (2012). The implementation and impact of the licensing act 2003 in lancashire. Available at: http://www.cph.org.uk/wp-content/uploads/2012/08/the-implementation-and-impact-of-the-licensing-act-2003-in-lancashire.pdf (Accessed: 12 August 2013). Section 7: Negligence and Liability Introduction Negligence is an act wherein an individual or business fails to exercise ordinary care to avoid injury to other person or other business or their property. In other words, any action that leads to the failure of an individual or business to reasonably care for a person or an entity, causing monetary or non-monetary losses, is often termed as negligence in business. However, every action of an individual or business, causing monetary or non-monetary losses are not categorised under the act of negligence. There are certain criterions under which a plaintiff can seek negligence claim as propagated by Silvers (2008). Fundamentally, there are four major aspects under which a plaintiff can seek remedies for the act of negligence. These four criterion include duty of care, breach of duty, causal connections and actual loss or harm (2008, p. 56-57; Oxford University Press, n.d.). It is worth mentioning in this context that every entertainment event has certain degree of possibility wherein something might go wrong or cause difficulties when serving the audiences. In such circumstances, the action of entertainment businesses may prove harmful consequences on the other business partners or stakeholders. Hence, in order to mitigate the challenges of such consequences, the legal system has designed legal liabilities in order to shift losses from one part or the defaulting business entity to another. There are various types of liabilities associated with businesses which include personal liability, product liability, director’s liability, professional or occupational liability, occupier liability and environmental liability (Oxford University Press, n.d.). Discussion Concerning with the negligence liability of festival or entertainment events in the UK, the organisers are held responsible for certain specific legal aspects, primarily in relation to duty of care, negligence, safety and workplace health. It is thus, essential for organisers of the festival to obtain comprehensive insurance coverage and legal advice, possibly certain aspects such as public liabilities, volunteers, contractual claims and indemnities (Oxford University Press, n.d.). Similarly, the participants in the festivals are liable for their actions or exclusions in conjunction with the certain activities of the organisation of festival or entertainment event. Participants are held liable for negligence, where an incident is caused by the participant(s) and is primarily due to their reckless act or omission of responsibility. Negligence liabilities can also be imposed on participants in circumstances where they act outside the boundary of their duty or role. However, the degree of liability owed by the participants, largely rely on the certain specific factors, such as knowledge and intention to behave in a particular manner (The State of Queensland, 2012). In relation to spectators, there often exists a greater possibility of risk for those attending the festival. It is the prime responsibility for ensuring adequate safety of the spectators attending the event. The organisers as well as participants and the volunteers engaged in managing the activities of the event should therefore clearly intimate the spectators with the particular behaviour or actions they are able to cherish. In case any act of spectators is assumed to be beyond the prescribed actions, spectators may be held liable for the action. Contextually, where it is ascertained that the spectators fail to comply by the rules and regulations prescribed by the event organisers, legal actions can be taken against the spectators for their negligence (Oxford University Press, n.d.). Conclusion As can be observed from the above discussion, organisers, participants and spectators owe certain liabilities for their negligence. It is thus crucial that all the individuals display behaviours that are in the interest of the event. References Oxford University Press (No Date) Available at: http://fds.oup.com/www.oup.com/pdf/13/9780199289714.pdf (Accessed: 12 August 2013). Silvers, J. R. (2008) ‘Legal and ethical Compliance’ in Silvers, J. R. Risk Management for Meetings and Events. London: Routledge, pp. 55-79. The State of Queensland (2012) http://www.olgr.qld.gov.au/resources/liquorDocs/PlanningGuideEventManagement.pdf (Accessed: 12 August 2013). Section 8: Employment Introduction In relation to the UK employment law, there are three major sources which includes the common law, EU law and statute. It is worth mentioning that the employees in the UK are largely absorbed on the basis of contractual agreements by the employers. Hence, the common law fundamentally forms the basis for the employer-employee relationship. This law consists of liability of the employers for the acts of the employees as well as any accidental incidents occurring at the time of employment. Furthermore, there are several laws enacted by the government of the UK in relation to the various aspects of employment, such as health and safety, discrimination, employee right and wage among others. Another major law that has significant impact on the UK’s employment scenario include the obligation of the nation to EU law (Timothy Russell, n.d.). Discussion With respect to the organisers of the festival, it is predominately important to ensure the health and safety of the employees engaged in volunteering various activities related with the festivals or entertainment events. It is the responsibility of the organisers to clearly set the procedures for the festival. Therefore, any hazard identified within the workplace should be clearly intimated to every employees entrusting with different job roles. It is equally important that all the employees are fairly paid for their work and any type of discrimination, based on the race and background, is duly omitted (Sport New Zealand, 2013; Abbott and Geddie, 2001, p. 259-270). The participants or the employees engaged in the monitoring and volunteering of the entertainment event are also obliged to adhere to the orders given by the organisers. It is the prime responsibility of the participants to maintain a cordial environment in the entertainment event and ensure adequate safety of the spectators. In other words, participants must be honest towards performing their assigned duties with utmost dedication. It is also crucial to bear in the minds of the employees that any kind of negligence on their part may contribute towards their legal liabilities, against them as well as against the organisers. The volunteers must be aware of the crowd management techniques in order to eliminate any possible conflicts or obstacles in the event (Sport New Zealand, 2013; Abbott and Geddie, 2001, p. 259-270). It is crucial that not only the organisers or the employees are held responsible for ensuring cordial and cherishing environment around the entertainment event ground, but it is also the responsibility of the spectators to maintain cordial and flourishing environment throughout the event. The success of any entertainment event or festival largely depends on three major factors, which include the collaborated efforts of organisers, participants and spectators. Thus, it is crucial for the spectators to follow the instructions provided by the participants or the volunteers. It is also the responsibility of the participants or the volunteers to control the crowd of spectators (Sport New Zealand, 2013; Abbott and Geddie, 2001, p. 259-270). Conclusion Conclusively, it can be ascertained that in entertainment events, there is a greater need of understanding the fulfilment of responsibilities by every individual including organisers, employees and spectators. The organisers must abide by the employment laws in order to ensure flourishing outcomes from the event organised. Similarly, the employees are required to follow the instructions issued by the organisers and communicate them in the best interest of the spectators and the event, on the whole. References Abbott, J. L. and Geddie, M. W. (2001) ‘Event and Venue Management: Minimizing Liability through Effective Crowd Management Techniques.’ Event Management 6, pp. 259–270. Sport New Zealand (2013) Available at: http://www.sportnz.org.nz/Documents/faq/Full_Legal_Liability_Document.pdf (Accessed: 12 August 2013). Timothy Russell (n.d.) Available at: http://www.tim-russell.co.uk/upimages/Employment%20Guide.pdf (Accessed: 12 August 2013). Read More