Media and Entertainment Law in Ireland - Case Study Example

Media and Entertainment Law in Ireland It's all about the law of media and entertainment when it comes to work through posts sitting both the worker and the dealer far away from each other. The informally or unofficially made agreements might cause any of the two parties to get dishonest. Though, here in the case study, when in Ireland, Ms. Jenny McSwindle has to use Mr. Finbar's children songs and got the publicity requires for more of the songs. Due to some loss in finance Ms. Jenny McSwindle cancels the order but it was a bit late as Mr. Finbar had already sent the songs. In the forth writing it is all about the Irish law. How it helps Mr. Finbar to collect money and how much it justifies Ms. Jenny McSwindle Case Study It's about the Mr. Finbar, who is blessed with the inborn ability of composing songs for children. He wanted himself to be renowned but unluckily he couldn't carry any chance. Despite the fact that he worked hard to contact different areas who can lead his music on a success stair but unfortunately he couldn't get any positive end out of it. He wrote around eight different songs and prepared its demo on the compact disk and some on music sheets. He sent the parcels of his demo compact disk and musical sheet not only to different composing companies but also to different TV stations. He even granted permission to TV stations to use his demo work free of cost. One lucky day, Ms. Jenny McSwindle, the producer of children program "The Nerd" on channel TV8 and notice his exotic work on animals. It seems to be good idea to start the series of animals in a graphical musical style to make children learn about different animals. Ms. Jenny McSwindle, decided to show up the 8 different songs in eight weeks showing up one each week. Though, she inserted a slot in her program "The Nerd", showing up people dancing and singing Mr. Finbar's lyrics each week. It was a good and attractive idea which gave success and though eight series won't be enough for her audience and though decided to write Mr. Finbar for more songs. She wrote Mr. Finbar in letter that she was impressed with his style to teach children in an entertaining style. She thanked him for allowing them to use his demo songs and as incentive of it she feels pleasure to pay her 250 Euros for those eight demo songs. She told him that she used his songs in series shown every week started from the mid of the March and likes to have few more to start a professional series on domestic animals shown every week. This would not go free of cost but will be worth of 60 Euro per week and this may last over a ten week period. Many more encouraging words are ended up the letter saying sincerely, Jenny. With the excitement of the fine and first opportunity, Mr. Finbar composed a batch of new songs based on different animals and posted to TV8. Latter, Ms. Jenny McSwindle started facing financial problem for which she scraped the musical slot from her program "The Nerd". Mr. Finbar's composed songs were misdirected due to some mistake made by the post company and though reached the TV8 eventually. This letter was one week late to the letter Ms. Jenny McSwindle already sent officially to him on 30th April stating that she don't need any more writings as she is facing financial problems. Now this seems to be a big disaster for the fortune Mr. Finbar was dreaming of. It was tuff time on him when he controlled himself and demanded for the remuneration of his work. It was a severe time upon Mr. Finbar as he received a big No for his demand. At this time, as it is all happening in Ireland, this is a great question for which Mr. Finbar is searching to get acknowledgment about that if law can do anything to help him. However, on his much insistence, Seniors of TV8 agreed to pay him but less then what they decided for each week. I.e., they kept his musical slots and started a series on domestic animals and paid him for 15 Euro instead of 60 Euro, for each week. This was very unfair deal TV8 did, but the gifted composing showed up excellently among the audience and gave a nice amount of profit such that Jenny bought all copyrights in Euro 1000 and have its CDs which made a huge sale. This grows up so that Walt Disney took the option to use it in its movies. Not only this Jenny publicized it outside the Ireland and earned a lot. But, Mr. Finbar, is yet not satisfied to get what he actually deserves and wants himself to be familiar on terms with the Irish laws about this case. Ambiguities and Facts In this case, while noticing it is very specific that Ms. Jenny McSwindle in her whole letter never describe him till when she needs the more music. Now if she has never done so how come she can say him that she doesn't needs the music any more. But viewing the letter it is also notified that she briefs him that she already has 8 demo music and she started from the mid; which makes it obvious that these 8 demo songs may last till the mid of May and she needs more music to continue. However, for both cases Mr. Finbar showing up as a good person said nothing and worked hard to compose some more music for her on the same amount without any negotiation. He sent in time such that it reaches her before May starts but due to the postage blunder it gets a week late. Ms. Jenny McSwindle should stay on her promise but as she haven't deal anything on the signature paper, she refused that she ever offer any price and mailed him that she don't needs it. But after one week, the post reached and the songs were in Ms. Jenny's hand. She paid Mr. Finbar but not the price she promised but what she wished which is more than fifty percent lesser to her promise. Constitution, Government & Legislation Ireland is a sovereign, supreme ruling country having democracy processed by the parliamentary system of government. Ireland elects the president once for seven years. The president is powered by the constitution for taking different decisions for the betterment of the country and though supported by the Council of state - the advisory body. President allows the country citizen to create their parties and fights for the votes. The leader of the party maximum gaining votes will be appointed as the prime minister who may seated under the hierarchy of President. The parliament is set which might composed of senate and the party representatives. The Senate is the collection of 60 members from which 11 are selected by the Prime Minister, 6 by the National Universities, and 43 members elected among the candidates forming the vocational basis. Senate has the right to delay any decision or consider the statement till 90 days to proof. President however has the right to dissolve or destroy the formed Parliament only on the advice of Prime Minister. Courts & Judgments Irish courts are filled with judges selected by the President among the nominated judges by the government. Supreme Court has the highest priority in the hierarchy of judiciary which composes of One Chief Justice with five other senior justices. The Supreme Court has the right to help the President taking legislative decisions only on the demand of the President. Laws Reflection upon the Case Study Claim By Mr. Finbar For More Money While studying the scenario of Mr. Finbar, we can conclude that Mr. Finbar was hired unofficially by TV8. As no papers and documents were signed while selling the demo and taking or placing the orders, though the commitments are counted virtually. There is no law for virtual employees. But despite the fact he was paid Euros 250 for something he never asked for, Ms. Jenny build a way of trust for more production. Ms. Jenny however, promise to pay him Euro 60 for ten songs each but now as there is no hard written signature proof except the official post sent to him, he should be thankful for her to pay him Euro 250 for the free demo. According to unfair dismissals No. 22/1993 (Amendment) Act, 1993 on its section 12 stating about the evidence of failure to attend before or give evidence or produce documents to Tribunal is "A document purporting to be signed by the chairman or a vice-chairman of the Tribunal stating that: ( a ) a person named in the document was, by a notice under paragraph (c) of section 39 (17) of the Redundancy Payments Act, 1967 , required to attend before the Tribunal on a day and at a time and place specified in the document, to give evidence or produce a document, ( b ) a sitting of the Tribunal was held on that day and at that time and place, and ( c ) the person did not attend before the Tribunal in pursuance of the notice or, as the case may be, having so attended, refused to give evidence or refused or failed to produce the document, Shall, in a prosecution of the person under paragraph (e) of the said section 39 (17), be evidence of the matters so stated without further proof." Though according to this act, without any stamped or signature Document, known to be a solid proof Mr. Finbar has no right to claim for any more monies. Moreover according to Unfair Dismissal of an employee, amendment of section 14 of Principal Act that is hereby amended by "the substitution of the following subsections for subsections (3) and (4): (3) The reference in subsection (1) of this section to a procedure is a reference to a procedure that has been agreed upon by or on behalf of the employer concerned and by the employee concerned or a trade union or an excepted body within the meaning of the Trade Union Act, 1941 , representing him or has been established by the custom and practice of the employment concerned, and the references in subsection (2) of this section to an alteration in the said procedure are references to an alteration that has been agreed upon by the employer concerned or a person representing him and by the employee concerned or a trade union, or an excepted body, within the meaning aforesaid, representing him. (4) Where an employee is dismissed, the employer shall, if so requested, furnish to the employee within 14 days of the request, particulars in writing of the principal grounds for dismissal, but, in determining for the purposes of this Act whether, in accordance with the provisions of this Act, the dismissal was an unfair dismissal, there may be taken into account any other grounds which, subject to the provisions of this Act and having regard to all the circumstances, are substantial grounds justifying the dismissal." The employer has the right to dismiss the employee with in the probation period; but as it was an unofficial hiring with no such probation commitments at the beginning employer can fire the employee at any time. Claiming For More After Already Rewarded With Respect to the study, Ms. Jenny paid Mr. Finbar Euro 15 for every week on his assistance but it would be out of ethics to ask for more money after the acceptance, later on recovery of the loss. It might be legal but it all depends upon the agreement held while Mr. Finbar accepted the Euro 15 for each week instead of Euro 60. Though discussions made with respect to the legal Irish issues than according to the No. 25/1991 Payment of Wages Act, 1991 - section 1 clearly describes that "( a ) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his referable to his employment, whether payable under his contract of employment or otherwise, and ( b ) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice." Though according to this act, Mr. Finbar has the right to claim for his payments. But not once when he accepted. Further more, Mr. Finbar might claim for his right according to the Payment of Wages Act, 1991 section 5 stating about the regulation of certain deductions made and payments received by the employers. "5. - (1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless- ( a ) the deduction (or payment) is required or authorized to be made by virtue of any statute or any instrument made under statute, ( b ) the deduction (or payment) is required or authorized to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or ( c ) in the case of a deduction, the employee has given his prior consent in writing to it. (2) An employer shall not make a deduction from the wages of an employee in respect of- ( a ) any act or omission of the employee, or ( b ) any goods or services supplied to or provided for the employee by the employer the supply or provision of which is necessary to the employment, Unless- (i) the deduction is required or authorized to be made by virtue of a term (whether express or implied and, if express, whether oral or in writing) of the contract of employment made between the employer and the employee, and (ii) the deduction is of an amount that is fair and reasonable having regard to all the circumstances (including the amount of the wages of the employee), and (iii) before the time of the act or omission or the provision of the goods or services, the employee has been furnished with- (I) in case the term referred to in subparagraph (i) is in writing, a copy thereof, (II) in any other case, notice in writing of the existence and effect of the term," "An employer shall not make a deduction from the wages of an employee in respect of- any act or omission of the employee" According to this Mr. Finbar has the right to ask for his commission at the time when company recovers the loss. Copy Rights According to Irish law, copyrights can be bought on a contract fixing up the terms and conditions. It should not be bought Euro 1000, which Ms. Jenny bought very legally and furthermore can make any one use it with her own name. By the Modes of Payment Wages as section 2 of the Payment of Wages Act, 1991 "(3) An employer who pays wages to an employee otherwise than by a mode specified in subsection (1) or contravenes subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 1,000." Trend In Common Law Jurisdictions To the statement, "There seems to be a trend in Common Law jurisdictions towards rebutting the presumption that a commercial agreement is intended to be legally binding", it is particularly fingering towards the action that should be taken while dealing or before starting the work and that is to maintain a signature paper from both ends as a proof when both parties are ready to work with each other. 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