LAWS70273 Entertainment Law

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LAWS70273 Entertainment Law

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LAWS70273 Entertainment Law

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Course Code: LAWS70273
University: The University Of Melbourne

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Question:

You have recently been appointed by UKrealTV as a Production Manager for their highly successful reality TV programme – the Celebs Stay-Inn – which has aired for the past few years on terrestrial TV in the UK. The programme runs each night for a period of eight weeks over the summer and features a group of celebrity contestants who compete to raise funds for their nominated charity by completing weekly tasks whilst also earning money. The show is filmed in an ‘Inn’ which has been purpose-built on a secure site on an isolated headland on the south coast of the UK. The public vote for the contestants each week and the contestant with the lowest number of votes is asked to leave the Stay-Inn. By the end of the eight weeks, the person who remains in the Stay-Inn wins a cash prize of £50,000 which is given to their nominated charity.
Each contestant is selected initially following a search by a talent acquisition company who negotiate with the celebrities’ PR and marketing companies. The contestants are chosen according to their marketability and their links to a popular charity. The likelihood of their ability to ‘sell’ the programme by providing interest for the viewers is also important as it encourages good viewing figures. High viewing figures ensure that UKrealTV can charge high advertising and sponsorship fees and secure good profits. Prior to selection, the celebrities undertake a series of tests and interviews, including psychological profiling and scrutiny of their profiles for such factors as social media impact, number of followers, social contacts, interests and possible past events which could affect their popularity with the public.
The final selection of contestants this year was made by the last Production Manager and each chosen individual was offered an opportunity to appear in the show and win money for their charity in return for a guarantee from each contestant that they would remain available to stay in the Stay-Inn for the whole 8 weeks. The contracts also stipulated that they must agree to appear in all UKrealTV organised post-production activities such as personal appearances, product endorsements and photo opportunities for a further 8 week period immediately following the completion of the show. In return, each contestant is due to receive a sum of £50,000 for the sixteen week period as well as the possible £50,000 prize sum paid to their charity. An additional £1,000 per week is to be paid to each contestant for each week they remain in the Stay-Inn and participating in the TV show. The contestants also normally benefit after the completion of the competition from an enhanced public reputation and social media presence, along with opportunities for personal appearances and product marketing endorsements; this has proved to be very profitable for past contestants.
One of the most profitable aspects of the series for UKrealTV is the sale of Stay-Inn merchandise – for example, sweatshirts, caps, bags and water bottles; these products are displayed and worn throughout the Stay-Inn as ‘product placements’ on the show itself. The merchandise bears the Stay-Inn logo which has been designed with a distinctive font. In particular, the Production Company is proud to have designed a series of T-shirts and canvas bags which display the Stay-Inn logo. The goods are sold direct to the public via the UKrealTV web-site and a proportion of the profits go to the winner’s charity.
A further source of revenue for UKrealTV is for product placement contracts. In particular, clothing placements offer good returns for the company and you normally control the wearing of garments that the contestants wear for any scenes / tasks which are included in the show. The contestants’ contracts, which were all signed before they entered the Stay-Inn, stipulate that they will not wear or use any products whilst filming that are not approved by the production team or are produced by competitors of the advertisers and sponsors of the show. You have secured contracts with several clothing manufacturers to supply contestants with clothes to be worn in particular weeks of the series. These items are normally promoted and sold in the advertisers and sponsors shops and web-sites. The production runs and supply lines for these companies are carefully timed to tie in with the wearing of the garments on the show by contestants and planned advertising in other media outlets.
You are faced with several problems:

One of the contestants, Keera, is a past Olympic gold medalist and has a reputation as a family orientated, ‘clean-living’ exemplar of a successful young entrepreneur; she runs a web-site that promotes healthy living and appears regularly on TV encouraging young people to follow her eating and exercise programme. She is a favourite of the public, normally securing their highest vote, and is featured on a good amount of your advertising material. One morning in week three of the show, Keera was filmed live on-air in the kitchen area of the Stay-Inn taking white tablets with a glass of clear liquid. The tablets were over-the-counter pain-killers for Keera’s headache and she was drinking water. Next to the glass on the kitchen work-top a half-full bottle of vodka was clearly visible.

The next day a UK national tabloid newspaper ran a headline stating
“Stay-Inn Shocker – Keera seen taking Drugs and Drinking Vodka for Breakfast!!!”
The newspaper reported that the tablets were “obviously” unlawfully obtained barbiturates and the clear liquid that she consumed was vodka. The following evening, it was revealed live on-air that Keera had received the lowest number of public votes and she was therefore asked to leave the Stay- Inn. When Keera left the Stay-Inn and was told of the newspaper’s allegations, which have subsequently been repeated across many media outlets, she is outraged. She believes her reputation has been completely tarnished and her ability to endorse products in the future has been destroyed.

Sales of the show’s merchandise in the first few weeks of this series have been excellent. Last week however, sales dropped dramatically and you have been informed that a well-known auction site has started to sell copies of your merchandise at reduced prices. The goods on the auction site bear your logo and are being produced using the exact colours, size and style of your originals. ?
One of the competitors, a soap-actress, Kim, has insisted on several occasions on wearing clothing designed and produced by her boyfriend, who is an aspiring designer, rather than clothing produced by one of your sponsors. By the fifth week this sponsor, your largest source of advertising income, has decided to withdraw their financial support for the programme and has instead bought advertising time on a rival TV show. The sponsor has refused to pay for any of their agreed advertising, including the first five weeks of the advertising slots that they have already utilised. ?
In the seventh week of this Production run, the final two male contestants, Andrew and Faisal, have a very heated discussion over who had won that week’s task. Their squabble escalates and both contestants use offensive language, including racial insults by Faisal relating to Andrew’s Scottish family and his ginger hair. Andrew lashes out at Faisal, hitting him with his fist and gives Faisal a nose bleed. You decide that this is exciting TV and show the incident in the programme that evening. Indeed, your viewing figures for the show increase substantially following the incident. ?Following the Final Result show, which results in Andrew winning the £50,000 for his charity, there is a Reunion and Catch-up Show timetabled for a peak viewing time on Saturday evening. Faisal fails to turn up for the programme and posts a message on Twitter stating that he will never again work for a company which has allowed him to be put in a position where he is beaten up and the incident is subsequently broadcast on TV. You have a number of personal appearances lined up for him in the next few weeks and one of the clothing sponsors wants to know when Faisal can complete his photo- shoots. Faisal has refused to answer your phone calls and requests to contact you with regard to this work.

You must prepare a report for UKrealTV, outlining the legal implications and impact of each of these issues. You must discuss the legal and ethical arguments, and provide a rationale for the advice given.
You should make firm recommendations for future action. Your advice must cite the relevant case law and legislation throughout.
The report must be referenced in CU Harvard style and include at least 8 sources from a range of formats, including a minimum of 2 academic journal articles.

Answer:

Introduction:
Media and entertainment laws have provided remedies to many situations surrounding contractual terms, employment, intellectual property law. The questions raised at different levels by the English law regarding such laws can be found within past casefiles and case laws. It is with such considerations that this report regarding the case studies mentioned surrounding UKRealTv is written.
Case study one
Facts of the case
Keera is a public figure. By the virtue that she holds a gold medal and promotes clean living. She has been accused falsely by the UK national tabloid newspaper, having published things about her that weren’t truth. These publications by the UK national tabloid company has made the reputation of Keera completely tarnished and her ability for product endorsement have been tarnished.
Laws involved
Defamation law
Entertainment and media law
Legal implications and advise of the case
In England defamation is a crime. According to criminal code chapter 24 section 9. A minor case of defamation is chargeable by imprisonment of up to six months. When the defamation crime is much aggravated there is a maximum of two years’ life in imprisonment or a fine that is dependent on what the court shall have decided. For such case of the Keera since it involves a celebrity the action is aggravated and therefore company personnel of the UK Tabloid company involved in such defamation may be sentenced with the second legal implication as recommended in chapter 24.
Merits of the case
Keera’s career and future endorsements is at jeopardy. The main issue is due to a falsehood report by the UK tabloid newspaper. It is for this reason that Keera should seek for justice by suing Tabloid Newspaper for defamation (Cole 2015).
Defamation law seek to protect a person from public harm and injury of any media house that targets their reputation or good name.  The statement made for defamations should be orally or in writing. In the case of Keera, she should sue for libel defamation (Naser 2017).
However much the media needs to inform the public and they are given freedom of speech and expression, they should go ahead to verify information and confirm their truth before destroying anyone’s reputation (Armour et al. 2017).
The libel laws suit for Keera should be based on the following facts,
She is a public figure. According to UK laws, defamation act when a public figure is the victim, the bar is set much higher. Considering the judgement in the court case of New York Times vs Sullivan which is always reviewed each time such cases come, the favor is on the public figure if he can prove that the statement was published with malice intentions. The judgement in the New York vs Sullivan case has always been a standard mark for such cases. In the latter the judge introduced the rule of common law malice (Williamson 2017). C
The breaking of libel law in England has the same consequences that defamation ACT has. The libel law breakage according to chapter 23 subsection three attract a penalty of the same magnitude. The UK tabloid magazine should be ready to release a few of their employees to prison.
Common law malice
The court held that a public figure claiming defamation must prove that the statement in question was made with actual malice. Justice Black explained malice as an elusive concept that is hard to disapprove. The malice action in libel law according to the Justice law is difficult to proof therefore the proof emanates from falsehood. Any signs of falsehood are proof of malice in libel law (Hay 2018).
In relation to the case at hand. Keera is not taking white drugged as alleged in the statement by UK tabloid magazine. Keera seen taking drugs and drinking Vodka for breakfast, the actual statement readings. The mere fact that the newspaper falsely alleged that the tablets were drugs that ere falsely obtained without proving it is malice. With the intentions of malice on Keera, the UK tabloid magazine might pay for reputational damages caused on Keera (LoPucki, Lynn 2018).
Additionally, the supreme court on the case of Hoeppner v Dunkirk Printing company. The justice Brennan acknowledged that the victim has to under-go visible and measurable injury. By visible and measurable injury, the judge meant that the statement caused by the alleged defamer has to cause harm to the plaintiff’s reputation in a way that can be proven in court.  In our case Keera’s reputation has suffered in a number of ways. Keera has left the Stay-inn after receiving the fewest number of public votes. The allegations have been subsequently being repeated across many media outlets.  These has led to her losing corporate sponsors and deals. Her ability to endorse future products has also been damaged. Following this reasons, it is enough proof that Keera has suffered enough reputational injury and justified to make the Tabloid Newspaper take responsibility for their actions (McCambridge, Hawkins and Holden 2014).
According to the common law statute in England the fines and legal implications are not defined and rigid. Discharged ordered for offences under this ACT are normally determined by the court. Fines are therefore the most common type that are preferred by UK court. With reference to the sentencing of the case head by Justice Black the UK court might fine the Tabloid magazine more than 50000 euros.
Demerits of the defamation argument
The Tabloid magazine might opt to find a way out of the defamation allegations through the absolute privilege journalist ACT. The same act that was used by New York times in the New York Times vs Sullivan case. However, this might not work based on the issue raised by the judge in the latter case, He mentioned that act of privileges is only awarded if the statement is mentioned or libel under oath. The second situation of ACT under privilege is statements made in judicial proceedings. Taking note that the UK tabloid magazine did not make the statement under oath, they are therefore not merited by law to use the ACT of privilege against the defamations claims (Abeza et al. 2015).
The legal implications therefore in this case is that based on the stated facts: Keera, Stay-inn, UK real TV should sue for defamation against the program and Keera who has suffered various reputational impacts (Christians et al. 2015).
Case study two
Legal implications of the case
Law involved
Copy right laws
Facts of the case
The Merchandise has been selling well until recently when it when another blog has taken in charge of the merchandise and selling it at lower expenses. The auction site is well known and there is proof that it sells the companies merchandise. The auction site uses the same logo and are being produced with everything same to the original production.
Legal implications of the case
Copyright infringement is a crime. When any of the copyright and trademarks law are infringed penalties are legally acquired. Upon conviction of one who has defied the copyright laws like in this case the auction site has; substantial penalties according to UK copyright laws section 14 requires that, the convict takes a term of up to 6 months or a fine of up to 50 000 euros. Upon conviction, the crown court that deals with copyright laws of company recommends a fine of up to 10 years in prison and paying the other company the losses cost. Such legal implication might fall the auction site once they are proven guilty in court.
Copy right laws according to UK laws is a legal right. It grants the original creator the exclusive rights to determine if under certain condition there can be a second user or distributor. According to copyright ACT of 1988 anyone who thinks his original idea has been infringed is right to seek legal action and justice. The copy right owner is free to seek legal action against the infringer (Lombard et al.  2015).
The UKrealtv is therefore within its legal duties to sue for copyright infringement. However, there are important factors to consider before the case is registered in full court procedures. In review of the case of Bach vs Longman the supreme court of the time then determined various facts that have to be considered to label an act, an infringement of the law under the copyright law of 1988 UK laws (Uldam 2016).
There has to be proof that the work is copied and not just simply a case on incidental inclusion. The design should be similar in design, structure and content to a degree that the court can determine that it is copied from the original. In our case, the auction site uses the same logo, name and all productions same as the one of UKrealTv at a lower price to attract customers. This is enough proof surpassing mere incidental inclusion (Van Dijck and Poell 2015).
Secondly, the judge in the Bach vs Longman determined that the case will only make sense if the work is protected by the copyright laws of the country. The UKrealTv show is protected by the films copyright act of 2018 and therefore cannot be copied by any other site. It is for this reason that the company can seek compensation from the auction site.
With reference to the Temple Island limited vs New English Teas limited, the judge Briss QC, held that there was infringement of copyrights act and therefore introduced methods of compensation for the infringed. He held that all elements were sources of copyright infringement including images, logos and even pictures. He therefore placed all these elements to compensation. In his judgement regarding compensation, he implemented that, the infringement has to stop immediately. With these considerations the auction site will stop selling the merchandise once UKrealTV visit the courts (McDonnell, King and Soule 2015).
Secondly, the accused has to remove all the advertisements regarding the merchandise and recall all the productions they made regarding the UKRealTv merchandise. Such withdrawals include, all the sold copies and any encroaching materials. Encroaching material include, the logos, exact colors and size of the original.
In addition, the judge recommended that if the accused accepts liability and doesn’t want to proceed to court trials, they can apologize and pay for the economic damages undergone by the infringed content company. If the company is willing to pay all the financial remuneration such as damages and royalties, it is advisable to contact them and explain to them the damages they have caused so that they pay. However, all these procedures should be done under the advocate of the two involved parties. UKRealTV if they have contact of the auction site might contact them under such premises. If they come to a point of agreement and satisfaction struck, then there would be no need for a legal action. Except if they deny the UKRealTV is free to seek justice by taking legal action.
Important to note is that the auction site is dealing through online content. When dealing through online content it is also important to involve the service provider hosting the auction site. They should be let known of the infringement. It is very likely that the networking sites normally liaises with the infringing party. If the provider is not aware of the deal, they are likely to pull down the auction site. It is therefore legally confined that the UKRealTV seek the internet provider of the auction site and inform them through a well-documented letter of the actions of the auction site as a way of cutting off the auction site from proceedings with any more sales (McDonnell, King and Soule 2015).
Trademark laws have also been infringed in this case study. Under the UK Trademark Laws Amendment act of 1946, it is illegal to use another companies, organization and persons trademark without their knowledge. The intent to use principle introduced in the ACT established procedures and expanded the rights of trademark holders. It barred anyone from using trademarks that are already in use in order to reduce confusion. This ACT therefore serves as a perfect model for the UKRealTv case. The auction site has infringed trademark laws and therefore is liable to legal action. By copying all the pictures, images and selling merchandise at lower prices, they are infringing trademark law (Hall?Lipsy and Malanga, 2017).
Lastly, in the case the legal advice concerning the best courts to visit in such a case, is the property enterprise court or the patent court. The property enterprise court deals with intellectual, film properties like the one of UKRealTV which have been disputed due to trademark or copyright law (Crosbie and Glantz 2014).
Case study three
Facts of the case
The was a corporate advertisement deal struck between the sponsor and the UKRealTv. One of the competitors has flouted the commercial endorsement leading to withdrawal of the sponsor before the deal is cleared. The sponsor therefore refuses to pay (Rolph 2016).
Laws involved
Common law
Corporate law
Legal implications
Corporate law is a law defined under common law. Therefore, being a common law in the UK, the presiding judge in the case gives penalties and legal implications depending on the complains of the two groups. This is action to section 14 of the UK common law. The judge is therefore able to determine the economic losses suffered by the contract and make a penal decision.
The advertising sponsoring company has seemingly terminated an earlier agreed contract while refusing to pay. Under English laws termination of contract by the sponsoring company is viable. The company has done this through rescission process. They feel the UKRealTv is not giving their bargain share of the agreement by allowing Kim, the actress to wear another designer’s cloth but not theirs. They therefore seek a contract with another TV show (Miletzki, Janna and Nick 2016).
The new contract with the new TV station by action of the English law rescission renders the contract with UKRealTv show a nullity. The Rescission law states that, the contractual rights and obligations remain in place until an innocent third party opts to rescind the contract, in which point the rescission operates to render the contract null and void. The presence of a third party is facilitated by the new sponsorship in the contract limiting the action by UKRealTv. They have justified their move under the renunciation law (Vaver 2018).
However, the remedy for UKRealTv can emanate from common law. The common law under this fact states that, where the breach is repudiatory, the damages suffered up to the day of can be regained, unless the contract expressly provided otherwise.   UKRealTv can prove innocence on the case by Kim through claiming a repudiator breach. Repudiatory breach is one that seeks to terminate contract but regains losses and damages caused. If UKRealTV prove innocence, they will be awarded the five weeks pay for advertising by the sponsoring company. The pay has to be the loss covered up to the day the termination was executed. However, UKRealTv has to prove that they have nothing to do with the actions of Kim. The common law under this fact states that, where the breach is repudiatory, the damages suffered up to the day of termination can be regained, unless the contract expressly provided otherwise.  
Case study four
There has been a quarrel between the two contestants regarding a few issues they don’t agree on. They quarrel leading to huge public viewing and one of them is offended. The heated argument ends up in a fight and one contestant is willing to withdraw from the competition regarding his comments on twitter. The UKRealTv however has contracts with him on the issues of photo shoots and clothing sponsors even though Faisal isn’t willing.
Laws involved
Contract law
Legal implications
Termination of a contract by an employee is a criminal act according to the UK laws. UK labor laws requires that employees treat employers well even when terminating their contract, an employee who goes against this act according to employment rights act 1966 regardless of the length of serving will pay the employee as the court of law determines. However, the law does not cater for employees who terminate contract without the employer knowledge. However, the court provides for a 90 day free will for employees who are then dismissed without providing for discriminatory ACT.
There is an arrangement between the two parties. The UKRealTV and Faisal have a contract term that last a duration. With this consideration the UKRealTv can sue Faisal to make him bound to come back and proceed with the initial plans. This assumption can be referenced from the contractual case of Kesha vs Dr. Luke 2014. She had sued Dr. Luke for gender based crimes and emotional distress. It is the same cause that Faisal is claiming the show and the company put him up to. He claims through twitter that he was bitten and was cause to harm. In retaliation the company through their lawyer counter sued Kesha for defamation and breach of contract. The presiding judge, Judge Shirley Kornreich after listening to trials refused to remove Kesha from her contract. The judge took this position with considerations that she had sworn an oath that no harassment had taken place considered she entered the agreement under oath. Faisal in the UKRealTv case is under contract and should be able to come back even after claiming embarrassment
Reference:
Abeza, G., O’Reilly, N., Séguin, B. and Nzindukiyimana, O., 2015. Social media scholarship in sport management research: A critical review. Journal of Sport Management, 29(6), pp.601-618.
Armour, John, Holger Fleischer, Vanessa Knapp, and Martin Winner (2017). “The UK’s recent vote for Brexit has sparked a fierce debate over the implications for the rights of EU citizens living in the UK and UK citizens living in the rest of the EU. So far, however, there has been relatively little discussion of the implications of Brexit for legal persons–that is, corporate citizens of the EU, which may also be profoundly affected by consequent changes. The ECJ’s 1999…” European Business Organization Law Review 18, no. 2: 225-249.
Christians, C.G., Richardson, K.B., Fackler, M., Kreshel, P. and Woods, R.H., 2015. Media Ethics: Cases and Moral Reasoning, CourseSmart eTextbook. Routledge. pp.130-146
Cole, S.A., 2015. A surfeit of science: The “CSI effect” and the media appropriation of the public understanding of science. Public Understanding of Science, 24(2), pp.130-146.
Crosbie, E. and Glantz, S.A., 2014. Tobacco industry argues domestic trademark laws and international treaties preclude cigarette health warning labels, despite consistent legal advice that the argument is invalid. Tobacco control, 23(3), pp.e7-e7.
Hall?Lipsy, E. and Malanga, S., 2017. Defamation lawsuits: academic sword or shield?. EMBO molecular medicine, 9(12), pp.1623-1625.
Hay, D., 2018. Working Time, Dinner Time, Serving Time: Labour and Law in Industrialization (No. _164). University of Oxford, Department of Economics. , p.255
Lombard, M., Biocca, F., Freeman, J., IJsselsteijn, W. and Schaevitz, R.J. eds., 2015. Immersed in media: telepresence theory, measurement & technology. Springer. pp.234-236
LoPucki, Lynn M (2018). “A Rule-Based Method for Comparing Corporate Laws.”. 225-250
McCambridge, J., Hawkins, B. and Holden, C., 2014. The challenge corporate lobbying poses to reducing society’s alcohol problems: insights from UK evidence on minimum unit pricing. Addiction (Abingdon, England), 109(2), pp.199-205.
McDonnell, M.H., King, B.G. and Soule, S.A., 2015. A dynamic process model of private politics: Activist targeting and corporate receptivity to social challenges. American Sociological Review, 80(3), pp.654-678.
Miletzki, Janna, and Nick Broten, 2017. Development as freedom. Macat Library .Pp 1123-1125
Naser, M.A., 2017. Revisiting the historical origins of the Jordanian trademark system: the UK legacy. QUEEN MARY JOURNAL OF INTELLECTUAL PROPERTY, 7(2), pp.211-225.
Rolph, D., 2016. Reputation, celebrity and defamation law. Routledge. Pp 112-114
Uldam, J., 2016. Corporate management of visibility and the fantasy of the post-political: Social media and surveillance. New Media & Society, 18(2), pp.201-219.
Van Dijck, J. and Poell, T., 2015. Making public television social? Public service broadcasting and the challenges of social media. Television & New Media, 16(2), pp.148-164.
Vaver, D., 2018. Towards a Distinctive Trademark Law for the 21st Century. Intellectual Property Journal, 30(2), pp.183-203.
Williamson, M., 2017. Class, Culture and Exploitation: The Case of Reality tv. Considering Class: Theory, Culture and the Media in the 21st Century, p.273.

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