Cultural Policies and
Legal & Regulatory Frameworks
Legal & Regulatory Frameworks
Existing and Proposed Cultural Policies and Legal & Regulatory
Frameworks
For the creation of my creative enterprise, I have had to consider how existing and proposed cultural policies may affect my enterprise. In addition to this, I have had to consider how legal and regulatory frameworks within the creative industries as well as highlighting those that could or will directly impact my creative enterprise.
For the creation of my creative enterprise, I have had to consider how existing and proposed cultural policies may affect my enterprise. In addition to this, I have had to consider how legal and regulatory frameworks within the creative industries as well as highlighting those that could or will directly impact my creative enterprise.
Existing and
Proposed Cultural Policies
Firstly, I have considered whether the existing and proposed
cultural policies will affect my creative enterprise in a positive or negative
impact. These considerations will help me to decide on how I will have to
structure the business model and how to conduct a suitable business plan in relation
to the existing cultural policies or the proposed policies by the government.
In 2011, the government announced tax incentives which were
aimed to boost legacy giving to cultural bodies and other charities as well as
the first ever tax incentive. This change to cultural policy means that there
is now an unambiguously favourable tax treatment for particular sectors, types
of firms activities or investments that are relative to the standard tax regime
applying to general industry. These types of incentives consist of deductions,
exemptions and credits (e.g. mortgage interest deduction, individual retirement
account, and hybrid tax credit). Regarding the tax incentives policy applied in
2011, this could positively impact my business as it could allow myself to have
mortgage interest deduction whenever I consider buying a property of mine to
own. This could also be applied to any other colleagues that I might consider
hiring as part of my creative enterprise. However, it could negatively impact
my enterprise as it the policy may not be applicable to my enterprise and
therefore, could also mean that my enterprise would be an alternative to a
potential customer rather than a main choice to invest in. It could also affect
negatively impact the enterprise in the sense that my enterprise could be taxed
more, meaning my creative enterprise would not be as financially viable.
From April 2012 the government increased the share of
National Lottery funding for the arts from 16.67% to 20%. With the increase of
National Lottery income, this means that Arts Council England should receive
£262 million of National Lottery funding in 2014 to 2015, a greater increase
from £151 million in 2010 to 2011. Arts Council England receives both National
Lottery funding and direct government. Looking at my creative enterprise, this
would provide a beneficial impact as it would provide better support from the
government as well as help as a kick-starter to my enterprise to get the
business running. It could even help provide funding for hiring of other
members of staff as well as funding for the equipment and/or transportation if
it is required. Another way it could positively impact my enterprise is that
the Government and National Lottery will be able to encourage other sources of
income for my creative enterprise.
When considering business rates for my creative enterprise, I need to look at whether I'll be charged business rates on a non-domestic property. According to the UK Government website, if my business is to be office-based, then I'll have to pay business rates. This will include paying business rates bills in February and March that I will be sent from the local council; however I may be able to get business rates relief from the local council to reduce my bill. This would create both a positive and negative impact on my creative enterprise - negative, as it would be most costs for me to consider and balance when working out funding but also positively impacting my enterprise as it would possibly mean that I could get rates reliefs, meaning that I wouldn't have to spend as much on business rates and funding would be more lenient in regards to other payments.
When considering business rates for my creative enterprise, I need to look at whether I'll be charged business rates on a non-domestic property. According to the UK Government website, if my business is to be office-based, then I'll have to pay business rates. This will include paying business rates bills in February and March that I will be sent from the local council; however I may be able to get business rates relief from the local council to reduce my bill. This would create both a positive and negative impact on my creative enterprise - negative, as it would be most costs for me to consider and balance when working out funding but also positively impacting my enterprise as it would possibly mean that I could get rates reliefs, meaning that I wouldn't have to spend as much on business rates and funding would be more lenient in regards to other payments.
Legal and
Regulatory Frameworks
Looking at legal and regulatory frameworks, the government gave licensed local TV services access to a prominent position on TV electronic programme guides and, in return, local TV services will be required to provide local content which meets the needs of local people and is relevant to their daily lives. This could positively impact my creative enterprise as if I'm able to provide my services to TV studio companies, it'll help me help them create daily, local TV services with the assistance of the prominent position on the TV programme guides. The BBC has also contributed up to £40 million towards creating independent local television as well as up to £25 million towards capital costs of building local TV infrastructure and up to £5 million per year over a three year timescale to gain local content. This could also positively impact my creative enterprise as it will mean that the funding for the local TV infrastructure and content will be already provided; in addition to this, it would mean that if I'm working with TV studios which receive this funding, it will mean that I can focus primarily on the production of TV shows.
Looking at provided feedback, I have included information about how Brexit will affect my creative enterprise. As of recent years, funding for creative enterprises has been cut due to the departure of Britain from the European Union and, after looking at the BBC's website, I've discovered that the EU will no longer provide financial support to English arts organisations. This could prove to create some difficulty with my creative enterprise, meaning that any budgets that I could be given by the government to help fund my business could be cut drastically. It could also mean that other creative workers from outside the UK will likely be put off from wanting to collaborate with UK creative businesses, such as my own, due to Brexit and many companies (mine included) may struggle to gain the appeal of necessary talent to work with.
In addition to this, I have included considering how the BBFC and its certification process will affect my creative enterprise. If I'm to be providing my services to another film studio, I will need to consider what kind of audience the studio are targeting their product towards to help me get an idea of the suitability of the product; an example of this would be filming a fight scene for a movie and seeing how violent the scene is, I'd have to consider the age certification that the BBFC would classify the film as. However, I won't necessarily have to consider BBFC certification all of the time as it will depend on the type of freelance work I will be required to do, so it shouldn't overall affect my work too much. With it in mind, considering how the BBFC certification will affect my work will positively impact my creative enterprise as it will show that I can work with a variety of projects and still be able to balance out suitability with what a company or myself would want to use for representing the company and/or product and to also show I have flexibility with working towards different target audiences for different markets.
I have also considered how copyright (soundtracks, visual/audio, fair-use) will affect my work as a freelancer. If I was to work for a studio, it would largely be the producers decision to use previously-created work from an outside source and would then need to contact the original creator for consent of use of their production. However, if I was to work independently or in another segment of freelance work, I would be solely responsible for contacting another creator if I was to use a copyrighted piece of art (visual/audio/digital media, literature etc.) and see whether I was allowed to use said piece of art for the production I was working on/with. This would positively impact my creative enterprise as it would give me a variety of opportunities to access other creatives' work and be legally allowed to use them to help build a stronger product and to build a responsible and respectable reputation for both myself and any other businesses that I may be working alongside. In addition to this, it will also give me more experience with copyright as a whole as well as the use of copyrighted products to help create a trustworthy and respectable relationship with other creatives to possibly allow for future collaborations and/or use of copyrighted work of theirs, with their sole permission.
GDPR and consent is another part of my work that I'd need to seriously consider when it comes to working in the freelance business. I would need to be able to have the consent to collect, organise, structure, store, alter, consult, use, communicate, combine, restrict and destruction of personal data. This would likely be personal details, such as contact details, financial details as well as any potential health details that would need to be considered for working for or with any other individuals or companies - whether this would be me working for someone else or have someone working for/alongside me. Consent and GDPR would also be something that potential employers and fellow colleagues of mine will also have to consider (if not already done so) to protect my personal data and be held accountable if said data is breached or consent is not given. Putting GDPR and consent into consideration and action for my creative work would help create a positive impact on my work as a creative as it would show my awareness and sensibility in relation to data protection as well as consent with regard to working amongst other colleagues and/or for other businesses - with work guidelines and rules and regulations also being considered and applicable to my line of work.
Finally, licenses would be needed as part of my creative enterprise. I could consider applying for a Creative License, allowing me to not strictly conform to the conventions of the art that I would be working in. This would allow me to have more creative freedom on projects such as cinematography, sound, photography and largely on independent projects that I myself would be working on and not for another business. However, this would not necessarily be applicable as it be for more independent art forms and not exclusively needed for my line of work. With regards to any other colleagues and their licenses, their licenses would be applicable to their work and if needs be, I would comply to whatever rules and regulations they set, in relation to their license(s). Licensing would also apply to access to different equipment and would need to consider where/when I would need the equipment either for my own independent work or for company-hired work. This would positively impact my work as it would allow me to have access to licenses which I may need for future work placements as well as my own individual projects but also allow me to gain knowledge of what other licenses there are in the creative industries and how they'll affect my work in the future.
Looking at provided feedback, I have included information about how Brexit will affect my creative enterprise. As of recent years, funding for creative enterprises has been cut due to the departure of Britain from the European Union and, after looking at the BBC's website, I've discovered that the EU will no longer provide financial support to English arts organisations. This could prove to create some difficulty with my creative enterprise, meaning that any budgets that I could be given by the government to help fund my business could be cut drastically. It could also mean that other creative workers from outside the UK will likely be put off from wanting to collaborate with UK creative businesses, such as my own, due to Brexit and many companies (mine included) may struggle to gain the appeal of necessary talent to work with.
In addition to this, I have included considering how the BBFC and its certification process will affect my creative enterprise. If I'm to be providing my services to another film studio, I will need to consider what kind of audience the studio are targeting their product towards to help me get an idea of the suitability of the product; an example of this would be filming a fight scene for a movie and seeing how violent the scene is, I'd have to consider the age certification that the BBFC would classify the film as. However, I won't necessarily have to consider BBFC certification all of the time as it will depend on the type of freelance work I will be required to do, so it shouldn't overall affect my work too much. With it in mind, considering how the BBFC certification will affect my work will positively impact my creative enterprise as it will show that I can work with a variety of projects and still be able to balance out suitability with what a company or myself would want to use for representing the company and/or product and to also show I have flexibility with working towards different target audiences for different markets.
I have also considered how copyright (soundtracks, visual/audio, fair-use) will affect my work as a freelancer. If I was to work for a studio, it would largely be the producers decision to use previously-created work from an outside source and would then need to contact the original creator for consent of use of their production. However, if I was to work independently or in another segment of freelance work, I would be solely responsible for contacting another creator if I was to use a copyrighted piece of art (visual/audio/digital media, literature etc.) and see whether I was allowed to use said piece of art for the production I was working on/with. This would positively impact my creative enterprise as it would give me a variety of opportunities to access other creatives' work and be legally allowed to use them to help build a stronger product and to build a responsible and respectable reputation for both myself and any other businesses that I may be working alongside. In addition to this, it will also give me more experience with copyright as a whole as well as the use of copyrighted products to help create a trustworthy and respectable relationship with other creatives to possibly allow for future collaborations and/or use of copyrighted work of theirs, with their sole permission.
GDPR and consent is another part of my work that I'd need to seriously consider when it comes to working in the freelance business. I would need to be able to have the consent to collect, organise, structure, store, alter, consult, use, communicate, combine, restrict and destruction of personal data. This would likely be personal details, such as contact details, financial details as well as any potential health details that would need to be considered for working for or with any other individuals or companies - whether this would be me working for someone else or have someone working for/alongside me. Consent and GDPR would also be something that potential employers and fellow colleagues of mine will also have to consider (if not already done so) to protect my personal data and be held accountable if said data is breached or consent is not given. Putting GDPR and consent into consideration and action for my creative work would help create a positive impact on my work as a creative as it would show my awareness and sensibility in relation to data protection as well as consent with regard to working amongst other colleagues and/or for other businesses - with work guidelines and rules and regulations also being considered and applicable to my line of work.
Finally, licenses would be needed as part of my creative enterprise. I could consider applying for a Creative License, allowing me to not strictly conform to the conventions of the art that I would be working in. This would allow me to have more creative freedom on projects such as cinematography, sound, photography and largely on independent projects that I myself would be working on and not for another business. However, this would not necessarily be applicable as it be for more independent art forms and not exclusively needed for my line of work. With regards to any other colleagues and their licenses, their licenses would be applicable to their work and if needs be, I would comply to whatever rules and regulations they set, in relation to their license(s). Licensing would also apply to access to different equipment and would need to consider where/when I would need the equipment either for my own independent work or for company-hired work. This would positively impact my work as it would allow me to have access to licenses which I may need for future work placements as well as my own individual projects but also allow me to gain knowledge of what other licenses there are in the creative industries and how they'll affect my work in the future.
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