Contractual, Limitations & Obligations in Film and Television Industries.
Legal and Introduction.
Ethical Within this written report, I will be discussing contractual, legal and
ethical obligations considering the way they are used and regulated in
the film and television production industry. By focusing on both the film
Obligations industry (mostly centring in on Hollywood films) and the television
production companies within the United Kingdom, I concluded that they
in Film & Television. both compliment each other in the way they handle their obligations.
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Contractual Agreements.
Written By Kyra Wright. There are specific film contracts and agreements that protect the rights
of a film production which are necessary when avoiding
miscommunication and encountering risk at every stage from
pre-production to distribution to an audience. Contractual agreements
need to be set in place with a production team, cast and crew before
principal photography begins in the pre-production stages. An
agreement as such between the releasor and the recipient in the film
industry to disclose a Non-Disclosure Agreement which agrees that
neither party involved will disclose any information about the story that
is being worked on at the time. If the project moves forward, then the
film or television show can be given a 'codename' which hides any
indication of the plot or well-known project from audiences. For
example, Star Wars Episode VI: Return of the Jedi was known as “Blue
Harvest” and The Lord of the Rings: The Fellowship of the Ring was known as
“Changing Seasons.”
There are many forms of contractual agreements that can be disclosed,
the following list references elucidated examples of the way contracting
can be used in order to certify the film crew's agreement to the recipient.
Contractual agreements such as actor contracts, film finder agreements,
film non-disclosure agreements and the screenplay option agreement
allow for an industry to fit into legal protection. Every film or television
production must have some form of contractual obligation, this is needed
and required when on set when it comes to hiring people and scouting for
locations.
Legal Observations.
Before filming on location in the United Kingdom specifically, a
filmmaker and their crew will make sure that it's legal to do so. When
consulting with extended researched information about the legal
obligations required to consider, I found that there were a few different
sections of legal observations; filming people, filming buildings and
architecture (such as iconic structures), media insurance and child
performance licence.
Filming People: There is no 'image right', per se, but before shooting the
film, the director and crew must get consent directly from the people
appearing on camera. Privacy, data protection, defamation and the
addition of the Ofcom code are four of the most important additions
when considering filming people. According to the European Convention
on Human Rights and the Human Rights Act of 1998, the act is to give
further effect to rights and freedoms guaranteed under the European
Convention of Human Rights; to make provision with respect to holders
of certain judicial offices who become judges of the European Court of
Human Rights; and for connected purposes. A different threshold applies
to a politician or other public figure than to a person who does not work
in the public eye. A much higher threshold applies to children so that it
will rarely be appropriate to publish any image of a child without the
consent of the child and/or its parents. Depending on the way a person is
depicted in the film one is shooting, will depend on the reputation that
the film gives the person depicted. If the statement is true, defamation
can be avoided, but filmmakers should ensure that they produce
information of fact which is applicable to the person - or if the
information given is not factual, they must gain consent before using it.
Filming Buildings: Consent is required from the landlord. Many lands for
shooting are commonly private, some pieces of land are made open for
the public so shooting on these lands requires no legal observation. If you
want to film inside a building, you will need to get permission from the
building owners. The exception under section 62 doesn’t mean one can
freely enter onto private land to photograph and record buildings. When
seeking this consent from landlords, one may insert a number of
contractual restrictions on what you can and cannot do with images of
the building. If the architect of the building has been dead for over 70
years, it is not an infringement of copyright to recreate it. If recreating
the interior of a building, you are likely to need to enter onto the
property in order to take photos and make sketches. Logos, designs and
artwork visible on the building at hand will need to give consent if they
are to be used. Because many monuments are situated in public areas,
there is an exception granted under section 62 of the Copyright, Designs
and Patents Act 1988 which states: “Representation of certain artistic
works on public display. This section applies to buildings, and sculptures,
models for buildings and works of artistic craftsmanship, if permanently
situated in a public place or in premises open to the public. The copyright
in such a work is not infringed by making a graphic work representing it,
making a photograph or film of it, or [making a broadcast of] a visual
image of it. Nor is the copyright infringed by the issue to the public of
copies, or the [communication to the public], of anything whose making
was, by virtue of this section, not an infringement of the copyright.”
Therefore suggesting that restrictions may be imposed despite section
62 if the copyright on the building has expired.
Media Insurance: Media insurance “covers the cost of claims made
against your business by a client or a member of the public, should your
work have resulted in injury or property damage. Public liability cover
protects against the compensation payouts and legal costs.” Typically, to
cover the cost of these claims, a filmmaker would need a minimum of £2
million to cover street filming alone, this can sometimes amount up to £5
million. If you’re a student and the project you are creating is a part of
your course you will need to get confirmation from your college to film in
certain areas. If you are not a UK-based filmmaker, you might have to
gain insurance through a broker in your native country which will have to
be translated into English to get permission. Non-UK policies will not be
accepted in all locations, so the location chosen must be studied closely.
Child Performance Licencing: If your film requires children of
compulsory education level then it is important that you check whether
or not the actor at hand requires a licence which is issued by the
Education Welfare department nearest to the child’s residency. The
Children Performance Regulations issued in 1968 requires a licenced
applicant to give 21 days notice in regards to when the company will
require the actor.