Legal and Safety Issues

What Legal Issues Do You Need to Consider

When Taking photographs?

Filming people in public - In the UK, with some exceptions, you are
allowed to film in a public place without permission.
Photographing/filming people - Anyone used in your work will need to
give you their written consent.
Filming/photographing children - Children are a sensitive subject and
you will need parental consent for under 16s.
Location permissions - Non public access areas will require owners
permission for filming/photography.
Causing a nuisance or obstruction - The police may move you on if
you cause a nuisance, this includes tripods blocking pathways!

Copyright

Getting copyright for your work - Copyright is an unregistered right,

there is no official action to take.
Controlling the use of your work - The "Creative Commons" licence
will allow limited use of your work

What Are My Health and Safety

Responsibilities?

Risk assessments - A risk assessment form makes you think about

ensuring safety
Knowing the risks - Caution must be used, even in the least hazardous
areas.

What Practical Steps Should You Take?

Who is liable/responsible - Everyone has responsibilities; it is a good

idea to make everyone risk conscious.
First Aid - Have someone around who is capable and preferably qualified
if needed.
Fire - Have a list of your crew and cast, and establish the exits and
procedures with everyone.
Notifying the authorities - You do not need permission to film but best
practice is to tell the local police what you are doing. Dont attempt
anything involving weapons or violence on public streets without talking to
the Police. They may not write this down so take a name and a number!

Other Legal issues

Filming people in public

In the UK, generally speaking, you are allowed to film in a public place
without permission, including the people in that location.
You dont need a release form/permission to film people on the street or
passers-by as long as your camera is not concealed.

If you are shooting in a public space where it is likely that strangers might
appear in your shots, you could consider putting up signs that say:
"By entering this space, you are granting permission for your likeness
to be included in the project
"__(YOUR PROJECT NAME)__"
made by
"__(YOUR GROUP NAME)__"
There are, however, some restrictions which you need to be sensitive to; you will
need release forms for people who are identifiable in sensitive places, even if
they are not speaking (e.g. hospital waiting rooms, gay clubs, law court
corridors). See below for further information.

Filming actors and interviews

Anyone considered important to your video project will need to give you legal
permission to use their image in case at some stage they decide to withhold
that permission. It is best to gain this before filming.
Filming/photographing involves a lot more than what you see on the
screen.
You will be legally obligated to have signed model/actor release forms for all the
people that appear in your project.
If you are making a documentary, every person you include should sign a release
(unless, as above, they are a passer-by in a public space). This is important, even
if the person you are filming is a close friend, as:
The signed form protects you because it proves that the person gave you
permission to include them/their work in your film.
You should be sure that each person has given his or her informed
consent. This means that you must be honest about the content/angle of
your project and that they understand the language you are speaking
sufficiently and are of sound mind.
It is possible to use an on camera release - where you record instructing the
interviewee and getting their agreement on video, but some broadcasters may
still require a signed form. It is a good idea to get both an on camera agreement
as well as a signed form in case problems arise with one of them later on.

Filming/photographing children
Children under 16 must have a release form signed by a parent.

Childrens working hours are governed by three pieces of legislation which may
be important for you to be aware of.
These are:
Health and Safety (Young Persons) Regulations
Children and Young Persons Act
Children (Performances) Regulations

When filming with a group of children, e.g. in a school, parents must be

informed in advance and have the opportunity to withdraw their child from
the filming.
Most education authorities require several weeks notice prior to filming.

Here is a rough guideline for the maximum amount of hours a child can
work per day (including travelling time) - bear in mind that there are also
limits on the total number of hours a child can work in a year:
Child's Age:
Hours per day
Under 2
Three
Under 5
Five
Between 5-9
Seven
Between 10-12
Seven
Between 13-16
Eight

Location permissions

There are exceptions to the right to film in public which are fairly common sense;
sensitive areas like government buildings and schools fall into this category.

When you are shooting in public places such as the street, in a park or in
public transportation, you should do some research to find out who you
may need to sign a location release - contact your local city/town council
or relevant Screen Agency (see references) in order to figure out which
signature(s) you need.
Remember to allow enough time for your filming request to be processed.
If the location that you are shooting is not recognisable, then getting a
release may not be necessary, but, as with anything related to the law, it
is better to be safe than sorry.
Most "public" places are not actually public.
If you are shooting on a busy street in front of a restaurant, you should be
aware that someone owns that restaurant and you may need to get them
to sign a release.
It may be important to find out who actually has control of the location
and can actually sign the release
Location releases are important not only because you may need them if
you want to distribute your film, but also because they function as permits
while you are actually in production. If you are shooting on the street and
a police officer questions you about your activity, showing them a signed
location release will usually put you in the clear.

Causing a nuisance or obstruction

The police may move you on if you cause a nuisance or obstruction. Dont block
paths with your tripod!

Police - It may be a good idea to give adequate notice in writing to the

local police force about any filming activity in its jurisdiction - you will need

to do this if you are causing an obstruction. Again, the Screen Agencies

can advise you of the relevant contact. You will need the full co-operation
of the police if you plan to film on the public highway, use special effects,
explosions, gunfire or guns (including imitations - the use of firearms
requires the services of an armourer), stage a crime, or if your actors are
wearing police uniforms or driving marked police cars. Impersonation of a
police officer is an offence.
Filming on public roads - Filming on public roads requires careful
planning and monitoring. Meetings should be arranged on site with the
local police and the local authoritys Highways Department to discuss
filming plans. The police and highways officers will want to be sure that
what you plan to do is safe and that no road-user will be harmed (e.g. by
the glare of bright lights).

Libel (saying bad things about

someone/something) and brands
You cannot depict someone or a brand in a way that is negative or
unjustifiably critical.

You can feature any brand you like without permission provided that brand
is shown in the way it is normally used.
The UK has very tough libel laws - be careful of any statements or
allegations you or people in your film may make. If someone sues, they
may sue everyone involved including the filmmakers, any interviewees
plus any broadcaster who may show your film. Double check facts and
statements; if you cannot prove your allegations think twice about
including them.