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Unit Standard 26554
Demonstrate Knowledge Broadcasting Law on Radio
These are notes – however to get better information you might like to go to:
www.apra.co.nz
www.rba.co.nz
www.asa.co.nz
COPYRIGHT LAW:
The place with full details on the Copyright Act is the Copyright Council Website. The address online is: http://www.copyright.org.nz/home.html
In New Zealand, copyright protection is a statutory right under the Copyright Act 1994. Copyright gives authors (writers, artists, composers, etc.) the exclusive legal rights to:
· copy the work;
· issue copies to the public;
· perform the work in public;
· show the work in public;
· broadcast the work or include it in a television programme;
· adapt the work by translation or dramatisation;
· transfer any such rights to another;
· defend their works from derogatory treatment; and
· be identified as the author of the work.
Copyright protects the rights of authors to receive remuneration for their work.
Who owns copyright?
The general rule in Australia and New Zealand is that the composer or author of music or lyrics (the creator of a work) is the first copyright owner
If you are employed in Australia or New Zealand: if you create music or lyrics as part of your employment, then your employer or the Government is usually regarded as the legal copyright owner.
Sound Recordings: a person who pays for a sound recording to be made will usually be the first owner of copyright in the recording.
How long does copyright last?
Music and lyrics: generally speaking, copyright in musical works and lyrics lasts from the date of their creation until 50 years after the composer or lyricist’s death.
If a work is not published, broadcast or performed until after the death of the creator, then copyright lasts for 50 years from the date of first publication, broadcast or performance.
USING COPYRIGHT MUSIC
If you wanted to use a piece of copyright music behind an ad you must gain permission to use the music. To do this you must:
- Find out the writer, producer and year the music was released/recorded
- Look online at APRA’s website and see if the rights to the music are available and the cost etc…
- The charge for most copyright music is generally beyond the reach of the average retailer ($20,000-$100,000)!
- Contact APRA for the full details about the piece of music you wish to use
- You must also stipulate what medium you want the rights for e.g. Radio, Television, Internet etc…
- Once APRA have informed you of the costs and the money has been paid, the client can then use the piece of music behind their commercial
- If the rights to the music are too expensive, you can use a similar sounding piece of music that doesn’t have any copyright attached to it.
Identifying the Source for Permissions
There is no register of copyright, the onus is on the user - the producer - to identify the copyright owner. In the case of musical works and lyrics the copyright owner will generally be the composer or music publisher and in the case of sound recording the record company that first released it. The copyright owner may be identified in a copyright notice (© or the word "Copyright", name, year of first publication) on the record sleeve and/or on the sheet music.
The clearance of music rights for film can be complicated. Overseas copyright owners may have to be contacted; the owner may refuse to grant permission; or the fees may be too high. Alternative music may have to be chosen and the request procedure repeated. There may be difficulties if the producer does not allow enough time for clearance.
1. Published Music use in Television, Film, Video, Television/Radio/Cinema advertising.
If you are re recording you need to contact AMCOS
2. If you are dubbing from an existing sound track you need to contact AMCOS and PPL
3. Production Library Music (Mood Music) You need to contact AMCOS in all situations.
THE BROADCASTING ACT:
The Broadcasting Standards Authority upholds the broadcasting act. You can find full details at www.bsa.govt.nz
The BSA was set up to oversee the broadcasting standards regime in New Zealand. They do this by determining complaints that broadcasts have breached standards, by undertaking research and providing information about broadcasting standards. Their empowering legislation is the Broadcasting Act 1989.
The Authority board consists of four members who make the decisions about complaints and who govern the BSA itself. They are an Independent Crown Entity which means, among other things, that the government cannot direct them in their work.
The Broadcasting Act 1989 gives the Broadcasting Standards Authority responsibility for working with the broadcasting industry to ensure that broadcasters maintain standards consistent with:
Statutory Requirements
· the observance of good taste and decency
· the maintenance of law and order
· the privacy of the individual
· the principle that, when controversial issues of public importance are discussed, reasonable efforts are made, or reasonable opportunities are given, to present significant points of view either in the same programme or in other programmes within the period of current interest (i.e. be fair)
· any approved codes of practice.
The Act also states that the Authority shall encourage the development and observance by broadcasters of codes of broadcasting practice appropriate to the type of broadcasting undertaken by such broadcasters, in relation to:
· the protection of children
· the portrayal of violence
· fair and accurate programmes and procedures for correcting factual errors and redressing unfairness
· safeguards against the portrayal of persons in programmes in a manner that encourages denigration of, or discrimination against, sections of the community on account of sex, race, age, disability, or occupational status or as a consequence of legitimate expression of religious, cultural or political beliefs
· restrictions on the promotion of liquor
· presentation of appropriate warnings in respect of programmes, including programmes that have been classified as suitable only for particular audiences.
MAKING A COMPLAINT
Through the process of laying formal complaints, viewers and listeners can play a part in the maintenance of broadcasting standards.
If you think that a radio or TV programme has breached a broadcasting standard, you are entitled to make a formal complaint.
· Formal complaints must be in writing, include the heading ‘formal Complaint’ and sent to the Chief Executive of the broadcaster concerned within 20 working days of the offending broadcast.
· The complaint must state the name of the programme, the station it was on and the time & date it aired. You must also state which broadcasting standards you think have been breached and why.
· The broadcaster has 20 working days to respond to your complaint.
· If you are dissatisfied with the broadcaster’s response you can refer it to the Broadcasting Standards Authority for independent review. You must do this within 20 working days following receipt of the broadcaster’s response.
· This is a 2 step process the complaint goes firstly to the broadcaster, then the BSA.
WHAT HAPPENS TO COMPLAINTS?
· The Authority circulates the complaint to the broadcaster for comment.
· Then the complaint and broadcasters comment is reviewed by the authority’s members to decide whether or not to uphold it and a decision is made.
· The written decision is sent to the complainant and the broadcaster. It is also sent to the media and subscribers, and posted on the BSA website.
WHAT ARE THE PENALTIES IF A COMPLAINT IS UPHELD?
If the Authority upholds a complaint, it may:
· Order the broadcaster to publish or broadcast a statement regarding the decision on the complaint.
· Order the broadcaster to pay costs or compensation of up to $5,000.
· In the most serious cases, the Authority can order a broadcaster to stop broadcasting or to refrain from advertising for up to 24 hours.
· The Authority’s decisions can be appealed to the High Court. If a complainant or broadcaster appeals a decision to the High Court, the other party can choose not to take part in proceedings.
ADVERTISING STANDARDS AUTHORITY
The Advertising Standards Authority looks after the standard of commercials. You can find full details at www.asa.co.nz
ADVERTISING STANDARDS AUTHORITY INC, (ASA) (previously known as Committee of Advertising Practice) was formed early in 1973, and incorporated in late 1990. Its membership, in accordance with self-regulatory principles, are requested to be bound by the decisions of the Advertising Standards Complaints Board (see below), is made up of representatives from the:
Association of New Zealand Advertisers(Inc)
Communication Agencies Association of New Zealand
Community Newspapers
Letterbox Media Association
Magazine Publishers' Association (Inc)
Newspaper Publishers' Association of New Zealand (Inc)
New Zealand Cinema Advertising Council
New Zealand Direct Marketing Association (Inc)
New Zealand Post
New Zealand Television Broadcasters Council
Online Publishers' Group
Outdoor Advertising
Pay TV Group
Radio Broadcasters Association (Inc)
The three main objectives are:
a. To seek to maintain at all times and in all media a proper and generally acceptable standard of advertising and to ensure that advertising is not misleading or deceptive, either by statement or by implication.
b. To establish and promote an effective system of voluntary self-regulation in respect to advertising standards.
c. To establish and fund an Advertising Standards Complaints Board.
The Codes are developed by the ASA to cover the entire range of advertising activity, and amended whenever there is an issue that requires review or updating. Where appropriate, mainstream consumer groups, government departments, government agencies, industry and other interested parties are also involved in the process.
The Codes include a Code of Ethics, which is the overall philosophy covering fairness, respect for people, and honest practice, plus a number of Codes covering either particular issues (eg. Advertising to Children) or product areas (eg. Financial Services).
The code areas are:
Children’s Food
Children
Comparative
Environmental
Ethics
Financial
Food
Gaming
Liquor Advertising
Liquor Promotions
People
Therapeutic Products
Therapeutic Services
Vehicles
Weight Management
There is a Code of Practice booklet that you will find on their website. If you are thinking of a career as a writer or production person you would be well advised to familiarize yourself with these rules. All of the Codes are to be applied in the spirit, as well as the specific requirements, of the Fair Trading Act and other Statutes affecting advertising.
Any person can complain about any advertisement in any media which they consider to be in breach of the Codes.
The complaints procedure is simple.
Laying a complaint:
1. Complaints must relate to alleged breaches of the codes of practice and should be addressed to the Secretary, Advertising Standards Complaints Board, PO Box 10-675, Wellington.
2. Complaints should be in writing, dated and signed by the complainant. You should also include a copy of the ad, an approximate time, date and the station it aired. Complaints can also be made using the online complaints form at www.asa.co.nz.
How a complaint is dealt with:
1. The Chairperson will determine whether the complaint is suitable for the Board’s consideration and within the Board’s jurisdiction.
2. If it is not, the complainant, the other parties and the media will be informed.
3. If it is, the complaint will be sent to all parties concerned seeking their opinion and comments.
4. If a complainant does proceed, then the Board will then determine whether the Codes of Practice have been breached and all parties will be informed of the outcome. A formal written decision is distributed to the complainant, the parties and to the media.
The Penalties if a complaint is upheld:
1. If a complaint is upheld by the Board the advertiser, in accordance with self regulatory principles, is requested to voluntarily immediately withdraw the advertisement.
2. Additionally the media are requested not to broadcast an advertisement which has been held by the Board to be in breach of the Codes of Practice.
3. The decision is also published on the ASA website and made public knowledge through media.
Decisions of the Complaints Board may be appealed to the Advertising Standards Complaints Appeal Board on certain grounds. The main grounds are new evidence, the rules of natural justice were not followed, and the Decision was against the weight of evidence. All Rulings of the Chairperson of the Complaints Board are appealable to the Chairperson of the Appeal Board. Full details on appeals are available from the Secretary to the Complaints Board. Appeals must be made to the Secretary of the Complaints Board within 14 days of