Music: Entertainment Law (Portfolio) - Essay Example

? Music: Entertainment Law (Portfolio) Introduction The London festival heralds on 21 June which will provide an ultimate platform for the fusion of thousands of extravagant performances and events across the UK with a promising summer of culture. The festival puts it curtain down on September 9 which is the last day of the Paralympic Games but this twelve week festival will create an unique ambience of love dance, music, comedy, theatre, fashion, art or film. The festival will embed the city with giant screens across 22 towns and cities across UK preparing the entertainment platform for thousands of people throughout the day (London 2012 Festival Hits the Big Screens to Mark Opening Day, 2012). But for the successful execution of this mega event the legal structure associated should be robust enough. The London 2012 as for example has announced that the international law firm Freshfields Bruckhaus Deringer is selected for the successful provision of the legal services in the Olympic and Paralympic Games 2012 which will run simultaneously with the London Festival 2012 (London 2012 appoints Freshfields as Tier Three provider, 2009).In this paper a detailed analysis of the business laws that affects the London 2012 festival is elucidated in a synchronized manner. The prime focus will be on the amalgamation of various traditional laws like the company law, contract law, sales of goods law and so on that fall under the purview of the entertainment law which has been devised for the optimal provision of the legal services to the players in the entertainment industry. The paper will focus on several aspects of the entertainment laws and its subsequent effect on the London 2012 festival. Agency law Purpose The Agency law is a branch of the entertainment law introduced for the protection of the rights of the artist involved in the entertainment industry and in this respect the conduct of the Employment Agencies and the Employment Business Regulations bears important significance. The primal objectives of the Regulations are the security of the proper conduct of the employment agencies and employment for the protection of the interests of the person in the services covering the actors, musicians, singers, dancers, composer, writer, artist, director, production manager, production designer, recording engineer, choreographer, theatre designer, photographic or fashion model and professional sports person as well as the bands and the music groups are also covered as well (Challis & Fenn, 2004). Agency law as in the London festival 2012 The Arts Council of Northern Ireland is one of the leading agencies for the London 2012 Cultural Olympiad in Northern Ireland and is appointed by the Department of Culture, Arts and Leisure. Since 2008 around 4 million people gave been engaged with this concern. There will be performance including a staging of the Benjamin Britten’s Noye’s Fludde with an opera featuring a large casting of local school children playing different musical instruments and internationally renowned German Hans Peter Kuhn will transform the Causeway Coast with his project FLAGS and will present an impressive and quiet along the coastal trail (The London 2012 Cultural Olympiad and Northern Ireland, 2012). Chief proponents behind this law The European Economic Area (EEA) has been in the consultation since 1999 with the chief driver being the Recruitment and Employment Confederation which is the governing body of the law with various contractor interest groups (Background to why we ask if you could like to opt-out of Employment Agencies Act, 2003) Time of enforcement and the area of application The conduct of the Employment Agencies and the Employment Business Regulations came majorly into the effect on 6th of April, 2004. The agent must also be responsible in the notification of any work-seeker of its terms of business and also the details of the fee applicable for charging. The calculation method of the fee is pre specified along with the person to whom the fee is payable and also the clarification of the details of the services needs to be provided for the fee. The work seeker agreeing to the terms of the agreement must be coordinating in a documentary form where the details of the work findings should be provided by the agency, the details of the authority of the agency to act on the behalf of the work seeker including the terms of authorization of the work seeker and finally the details of the fee which may be payable to the work seeker to the agency for the work finding services (Challis & Fenn, 2004). Enforceability The government focused on maintaining standards which will provide the platform for the equality of opportunity. The services should be unbiased on grounds of sex, sexual orientation, religion, beliefs or disability along with the compliance of the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Religion or Belief) Regulations 2003. Intellectual Property Right Purpose The increasing population is transforming into online and the digital methods for the consumption of the media. This has been leading the ways which abuse the intellectual property rights through the illegal download from websites as well as the usage of the peer to peer software. However the fight back moves have been seen from the entertainment industry where we have the evidence of the Hollywood winning a high court case against the blocking of the websites Newzbin2 (IP and Media in the Digital Age conference, 2012). In the UK, the Copyright Act of 1911 first brought into the reality the concept of protecting unauthorized copying of the sound recordings of the artists. Amendments were made in year 1934 where the companies were also bestowed with the right of protecting the public performance of their recordings which is most crucial in our case. Further amendments were made in August 1989. With further amendments in September 12, 2011 the European Union directed a commission in terms of the recordings of the performances from 50 to 70 years (Kent, 2012). There is also a group of organization called Property Right Society (PRS) in the UK who are involved in the efficient protection of the music (About us, PRS for Music, 2012). Intellectual Property Right as in the London festival 2012 The laws of the intellectual property rights are of immense importance to the London 2012 festival. The PRS also protects the rights in case of the live performances. Again the protection of the rights is also indispensable in the London Olympic Games. The production and the sale of the counterfeit merchandise is also a criminal offense. The group with the representatives from the Media and Sport and LOCOG’s commercial are working 24x7 round the clock for the prevention of the merchandise and the logos. The official website should be used for the authentic purchase of the merchandises and other staffs in compliance with the Company Act of 2006 (London Olympic Games, 2012). Chief proponents behind the law The copyright act has been developed by the Copyright, Designs and Patents Act by the UK government and amendments have been made from time to time. The PRS is a society of song writers, songwriters, composers and music publishers who are in the charge of licensing organizations for the playing, performing or the making copyright available copyright music on the behalf of the members and the overseas societies and are also in the distribution of the royalties in a fair and efficient ground. The organization is also in the favor of the promotion of the copy rights (Our Mission, PRS for Music, 2012). Time of enforcement and the area of application The time of enforcement of the music copyright laws have been previously mentioned. The PRS for music was established in 1914 in the UK by the songwriters, songwriters, composers and music publishers to manage these rights on their behalf. The PRS is a not-for-profit organization society which is in the charge of issuing licenses on the behalf to the premises and the events all over the UK. The license fee collected is distributed as a payment of royalty to the 60,000 members and its affiliated societies all over the world with the nominal deduction in the administrative costs (Business and Live Events, 2012). Enforceability The Alliance Board is in the charge of provision on the direction on the PRS for the strategy of Music operations and the performance (Governance, 2012). The organization and its laws were enforced for the achievement of the fair values of the copyright music in the juncture of changing technology and legislature and also enabling the mechanism of cost effective and transparent copyright administration around the world (Our Mission, PRS for Music, 2012). Licensing Act Purpose The coalition of the UK government has announced various plans for the reform of the countries’ criticized Licensing Act which have been going in the path of curbing down the development of the grass root level music. The new provision and the amendments of the Licensing Act of 2003 has been directed towards more strengthened authorities for the police and the local authorities with the provision of the stronger power in removal of the licenses that cause problems. It also involves the inclusion of the proposals that would give more people the right to object to Temporary Event Licences and also making it easier for local authorities in the components for the imposition of the organizers of the events. Further amendments have been made in 2012 with the introduction of the Live Music Act, 2012 (Licensing, Live events industry, 2011). Licensing Act as in the London festival 2012 The London 2012 festival will be a culmination of the performances from different arenas of various cultural backgrounds. Davis Jones who is a director Serious, the Jazz and the music promoter behind the festival state that the River of Music billing clearly reflects the cultural diversity of London. This phenomenal essence of cultural diversity can be seen from the performances of the artists like Khayam Allami, an Iraqi-born Londoner who is a master lute player. The programming of the River of Music is not a simple task in and around the London’s international communities. The Licensing Act will play a predominant role in the protection of the rights of these culturally diverse musicians and artists (Woodall, 2012). Chief proponents behind the law The licensing Act has been introduced by the Parliament of the United Kingdom along with the strong involvement of the House of the Commons Committee. With great endeavor and tremendous perseverance of Tim Clement-Jones and his Private Members’ Bill and finally the Live Music Act received the Royal Assent on 23 March 2012 (Spice, 2012, p.1). Time of enforcement and the area of application The disputed law was amended on 2003 and later on the final amendment as discussed earlier the new act came into the forefront on March 23, 2012. Tourism Minister stated over 5000 people are in the list of selling alcohol in the place where there is adult entertainment or in other words there are people who are in the need for the licenses. He stated that the “the current regime makes it harder for new talent to get a chance to perform In front of audiences and imposes a deadweight cost on small businesses and voluntary bodies who want to put on shows” (Licensing, Live events industry, 2011). Enforceability The law enforcement of the Act are directed in the “removal of the licensing requirements of the amplified live music between 8am and 11pm before audiences of no more than 200 people on premises, amplified live music between 8am and 11am before audiences of no more than 200 people in workplaces not otherwise licensed under the Licensing Act 2003 (or licensed only for the provision of late night refreshment); and un-amplified live music between 8am and 11pm in all venues” (Spice, 2012). Sale and Supply of Goods and Services Purpose The London Organizing Committee of the Olympic Games and Paralympic Games Limited (“LOCOG”) is in the charge of the preserving the statutory marketing rights which will be afforded to the Olympic Games and the Paralympic Games 2012 in the United kingdom under the rights of the Olympic Association Right established by the Olympic Symbol etc (Protection) Act 1995 (“OSPA”) (as amended by Schedule 3 of the London Olympic Games and Paralympic Games Act 2006 (the “2006 Act”). The main agenda is the protection of the brand marketing of the goods and services of the London 2012 Olympics and Paralympics games (London 2012’s UK statutory marketing rights, 2010). Implications in the London festival 2012 The application and enforcement of the laws will be made by LOCOG which are directed towards stopping the people in undermining the rights granted to the granted to the official broadcasters, sponsors, suppliers and licensees of the 2012 Games. The rights will be acquired by the companies who are in the process of investing millions of pounds to help support the planning, staging and organization of the 2012 Games in an official capacity (London 2012’s UK statutory marketing rights, 2010). Chief proponents behind the law There is only British Olympic team and one British Paralympic team and all the all sports are pooled under the purview of Team GB and Paralympics GB respectively. The contribution of the UK National Governing Bodies for the sports is also immense. However, NGBs are not in the funding of the attendance of the Olympic and Paralympic Games it is the Team GB and Paralympics GB who are responsible for the sponsors who do this. The sponsors of NGB’s are in the mechanism of buying the right of association with a particular sports team (London 2012’s UK statutory marketing rights, 2010). Time of enforcement and the area of application The law has been and formulated in the year 2010. The LOCOG will be bestowed with the responsibility of the stopping the people from the rights will stop people from undermining the rights with the engagement in areas like ambush marketing or through the production of the counterfeit goods which are in the effective deprivation of the Games of key revenue (London 2012’s UK statutory marketing rights, 2010). Enforceability The grounds of the implementation has been on the elimination of the people who are in the spree of getting benefits for free without any investments in the games by paying for the rights. The different acts and several legal entities which are associated with the optimal functioning are the Paralympic Association Right established by OSPA, The London Olympic Association Right (“LOAR”) established by Schedule 4 of the 2006 Act, The Advertising Regulations to be established in accordance with the 2006 Act, The Street Trading Regulations to be established in accordance with the 2006 Act, and The Ticket Touting Offences established by the 2006 Act (London 2012’s UK statutory marketing rights, 2010). Company law Purpose Film making has emerged as a lucrative business for many people around the world. It involves not only human capital but other forms of investment too. Film making is a well established business as it integrates almost all features needed to build a business. While making motion pictures there are many people and intellectual properties that are acquired. There are operational sides and creative domains that need to be regulated and safeguarded separately. The operational sides can be in the form of employing actors, hiring properties, payments made, health and safety while the creative aspects are the art of scripting, song writing, direction, copyright etc. There are many instances where the personnel involved in film making like the writers, actors, technicians were exploited. As such there are regulations under the company laws to protect these features. Company law as in the London film festival 2012 The London film festival is a celebration of music, art, literature and culture. Around 12000 events would be featured in the festival (London film festival, 2012). This would require huge manpower and hiring of properties and hence, it becomes essential to enforce the different company laws here. There are well known directors like Michael Hazanavicious whose film The Artist would be featured in the festival and lesser known directors like Mojtaba Mirtahasebi and Jafar Panahio of the film This is not a Film. There are instances where the works of directors were exploited by impersonating the work in the name of others. The company law basically incorporates the intellectual properties laws and as such the copyright laws can be used here for protecting the original works of the directors (Copyright Clearances in film, n.d). As the festival is occurring at the same time as the London Olympics 2012, it is essential for the film company to check that there is no impersonation of the Olympic symbols and logos. Chief proponents behind the company laws There are many legislatory bodies across UK governing and enforcing the company laws. A few notable ones are the amendments under the Limited liability Partnership Act of 2000, and Companies Act of 2006 (Copyright clearances in film, n.d). Time of enforcement and area of application The Limited Liability Partnership Act came into effect in the year 2009. It is a hybrid between a partnership and a limited company which can be music or a film making company or any other companies in the entertainment industry. This law was made in order to create limited liability for the stakeholders. It is not possible all the members in a company to have equal stakes at the company. So, to impose a control on it the law was enforced. Similarly, the Companies’ Act of 2006 came into effect in the year 2006 (Copyright clearances in film, n.d). Enforceability The company’s laws are enforced by the respective companies in the entertainment sector of UK. The government can also intervene and also helps the companies to decide and enforce on the various laws under the company act (Copyright clearances in film, n.d). Contract law Purpose While making a motion picture, music the producer and his team of directors, actors, technicians etc will be involved in many forms of contracts and negotiations. Before beginning the film it is important that the film maker is well acquainted with the contract laws in order to tackle any violation of rules. The terms involved in the contract will provide agreements on cost, payment, copy right, materials, employment etc (Garon, 2009, p.75). Contract laws are essential in case of motion pictures based on novels or historical aspects that are written by people not involved with the production house (Garon, 2009, p. 76). Contracts are also important while making the remake or sequels of the film and the payments of its staff (Garon, 2009, p. 80). Payments can be made in cash at the time of purchasing the literary rights or at different stages of the production (Garon, 2009, p. 83). This depends on the contract made between the film house and the concerned author (Garon, 2009, p. 83). Similarly, there can be contract laws for properties, duration of production, resource etc. Contract law as in the London film festival 2012 The London film festival includes not only the participants on stage but back stage also. The festival will project films of many genres across UK. So, it is necessary that the directors hire attorneys who will look after their contractual rights and obligations. Contracts can be made for the duration within which the production of the film is expected to be completed, contracts with the actors to not disclose information related with the film, payments, penalties in case of non performance by its unit members etc. Directors like Michael Hazanavicious who are involved with bigger projects need to be careful in this regard. They need to look after their payment as well ensures that there are specific clauses in the contract for insurance against any accident or mishap. Chief proponents behind the contract laws Among the many bodies in UK who make and enforce the contract laws in films, broadcasting a few notable ones are the legislators in Great Britain like Directors Guild of Great Britain (DGGB), BECTU and the Writers’ Guild of Great Britain that focuses on protecting the rights of screenwriters. Time of enforcement and area of application The Directors Guild of Great Britain (DGGB) (Johnson, 2007) was established in 1983 by a group of British directors. It was instrumental in improving the terms and conditions regarding the remuneration of the directors. BECTU that was formed in 2003 is involved with the different areas of production, transmission and distribution of film, theatre etc. Enforceability In the industry for motion pictures, contract laws are enforced by the producers or the production house at their own discretion in consultation with his legal body. These can also be enforced by the concerned regulatory bodies (Johnson, 2007). Employment law Purpose As the entertainment industry is growing in UK it has become a source of employment for many people. The jobs profiles range from a simple technician to a top level producer or director. The London film festival 2012 will feature a good number of shows and events and as such it will provide employment to a large number of people. Now at this juncture, it becomes important to see that the different modes of employment provided to the people are in conformation with the guidelines as provided in the different employment laws in UK. It has to be made sure by the supplier of jobs that he abides by the various laws on health and safety. The employer also has to make sure that every employment opportunity is put in papers. This would include the rights and obligations of the employer, salary and wage structure, holiday and other forms of benefits, disciplinary and dismissal procedure. So to provide guidelines for the employers in UK and to maintain an employer-employee relation the employment laws were enacted (Employment Law, 2012). Employment law as in the London festival 2012 The London festival 2012 would be a massive event compromising of many events and programs. The events and programs would spread across different sections of entertainment like music, film, theatre, literature etc (London film festival, 2012). This would mean bigger employment opportunity for the people in UK. There can be jobs both indoors and outdoors like sound, lighting, managing outdoor locations, constructing sites for performance etc. These are major issues with the employer so as to make sure that the people hired are employed after thoroughly checking their age, physical strength, sex, working condition etc. an important aspect of the employment laws is that there should be no injustice and discrimination on employees on the basis of religion, sex or skin color (Employment Law, 2012) Chief proponents behind the employment laws There are many regulatory bodies across UK involved with the framing and enforcement of employment laws. These bodies enforce the laws based on the guidelines mentioned under acts like the employment act 2008, Employment Act 2006, Employee Rights Act 2002 etc (Employment Act 2008, 2008) Time of enforcement and area of application The employment act 2002 was enacted in 2002 to provide a family – friendly working culture, resolution of disputes in workplace and equal treatment of employees who are for a fixed term. This law also gives the facility of people with children below six years of age to have flexible working hours (Employment Act 2002 outlined, 2002). To provide the right for flexible working hours in UK, the parliament enacted the employment act 2002 which entitled the employees to request for flexible working hours if they have been employed for minimum 26 weeks or is the parent or a child below six years (The United Kingdom Flexible Working Act, 2006, p.2). Enforceability The employment laws are enforced by the employers as well as the government bodies. The employees are made aware of their benefits and regulations at the time of joining their jobs (The United Kingdom Flexible Working Act, 2006, p.2). Conclusion The London 2012 festival brings with it a jolt of the entertainment and the week of unparalleled adrenaline rush hours of diversified games to our forefront. But the efficient legal management is also utmost necessity for the protection of the rights of the artists performing in this mega event and also for the successful execution of the same. The legal dimension with description of various laws has been exposited with their brief elucidation and their respective application of the same. The effective monitoring and implementation regime will be required for the optimal functioning. The London Olympic Games and Paralympic Games are the globe’s longest peace time events working out with the best legal minds that are in the process of materializing the same. References 1. 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