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Always ask a lawyer's advice or seek out a more established professional filmmaker.
Or try the NPA or PACT or even BECTU as trade bodies who give advice.
Copyright is the legal protection extended to the owner of the rights in an
original work that he has created. It comprises two main sets of rights: the
economic rights and the moral rights -the full explaination on World
Interlectual Property Organisation website
Script Copyright
Protecting your script: Well you have to show it to someone to help
get it made, but they might steal your idea. Well few ideas are really unique
and new, so it's going to be difficult to prove one way or the other unless
it's pirated word for word. Some writers post themselves a copy and keep it,
the postmarked envelope, unopened. It would seem more sensible to post it to
your solicitor, (has this ever worked for anyone anyway?) If a member BECTU
you can post scripts or proposals to the union and they will register them,
for free, providing definitive proof that you own the copyright.
Writers must write (c)NAME YEAR eg (c)OSCAR WILDE 2001 on the cover page of
the script. In all correspondence you should state that the letter and script
are 'In Confidence'. These are the only real protection that you have.
Check with the Writer's Guild. http://www.wggb.demon.co.uk/
See the relevant copyright act.
Copyright Material Anything that you show on camera that is copyright to another person (including a performance) needs to be cleared for use in your film. Find out who owns the copyright and seek permission before you shoot.
Use of others work/images: As long as you are not using the original painting/picture, you are free to pastiche any images. Eg on The Simpsons, when they are obviously mocking a famous scene/shot/dialogue from a film. The description it usually gets is 'homage', so long as it is a homage, you are free from copyright issues.
Music Copyright Music is the single most complicated copyright issue. Music needs at least three clearances:
1. MCPS --http://www.mcps.co.uk/ covers the recording rights
2. Publishers own publishing rights - see the cd notes If the composer is dead for than 70 years then you may not need to clear the publishing rights but double check the cd label. However you still need to clear the recording rights and the performers rights
3. MU http://www.musiciansunion.org.uk/- covers performers
(ASCAP and BMI in US collect on behalf of musicians)
Photographs: Copyright legally exists with the photographer for all
time, usually an agreement is drawn up for their use over a specified time period
during which the photographer can only use them for advertising his services,
(and not for instance sell them to a third party). He usually holds the originals
but must allow all reasonable access to them during the license period.. The
commissioner too is not supposed to use the images other than for the original
intended purpose, without renegotiation with the copyright owner. *2
re: assoc. Fashion Ed & Adv. photographers, Old st/ Domingo st. London.
Digimarc, copyright protection: Still images saved
on computer can be copyright protected by a process of embedding a watermark
in the image which can be retrieved even if the image is cropped or altered
in various 'paint packages', or even scanned from a print. The watermark is
read in Adobe photoshop and other software, it shows a date and a serial number
which can be looked up on www.digimarc.com
and shows the "owner". The service is currently free for up to 99
pictures/yr, but the owners details must be updated annually, even if not altered,
or they may be deleted from the owners list. An enhanced service for
a fee offers embedding of further information in the watermark.
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product placement:
The official standing with Broadcasters when you are shooting a documentary
and your subjects have corporate sponsorship in the form of logos on their clothing?
Does this have an adverse affect on your chances of selling or gaining a commission
from a TV company?
There are very strict rules governing product placement. Unless things
have changed drastically, you can't do it for the BBC, it's advertising. If
you're going to feature something - maybe it's a doc. about Levi's or the kind
of people who go for labels - if you're being nice about the company you should
go for some kind of sponsorship deal. This used to be illegal, but the commercial
channels have eased up a lot. You mustn't feature a logo or product at the expense
of the content of the programme. The IBA can provide full guidelines, as will
the ITC. C4 issue their own guidelines.
Just a few more notes to add:
1) If it's sport - don't worry. As Susan Shearman says, the regulators are only
interested in things which might interfere with programme content and they figure
that "product placement" isn't going to affect the audience's decision to support
a club etc.
2) If you're making a film or programme for children's tv, then logo's are a
*big* no-go area, regardless of whether the channel's commercial or not.
3) be wary about the sponsorship deal thing. It's true that there has been a
relaxing of the rules, but they aren't yet consistent about what is or isn't
ok and both the broadcasters and the regulators are still twitchy about sponsorship
deals.
Finally, the absolute basics to think about:
1) type of programme - is it children's, entertainment, sport, factual or arts?
Different rules apply for different types of programme.
2) Do you refer to the company whose logo is featured? The more you mention
the name of a company the less they like to see on-screen images which refer
to that company.
3) How big is the logo? Is it really obvious?
4) How many times does any one logo appear on-screen? If it appears just once,
there's not such a problem etc.
5) If you're featuring loads of different company's logos there isn't such a
problem either, because you're less likely to be giving one company "undue prominence".
6) Always ask yourself "what impression of this company am I giving by featuring
their logo?" Am I inadvertently giving them street cred'? Giving them negative
publicity? Suggesting in some way that they're a good company to be involved
with? I'm v. experienced in this area, so if you have specifics you'd like to
talk about - just e-mail me.Anita
Release forms
Why do you need a release form or any contract when making a film? Ownership
of rights: the ability to commercially exploit the contributions of
all writers, directors, cast and crew. Copyright is the only value inherent
in a film. Rights breakdown into three main categories: 1. Time: from
1 day to 'Eternity' 2. Geography: from UK to 'the Universe' 3.
Format: Non-broadcast, Video, PAY TV etc through to 'any format not yet invented'.
Here endeth the sermon
For Release forms and standard contracts it is worth joining PACT (These are
well worth the fees alone, they are tailored to the crew/performer and run to
several pages to cover all eventualities on behalf of the producer) or
contacting a helpful young lawyer (you can usually negoiate free advice when
you are starting out - lawyers are like facility companies and labs they need
to cultivate new business i.e energetic and keen newcomers).Always ask your
lawyer to double check any legal paper work.
typical basic release form: : as word
file
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CONTRIBUTORS RELEASE FORM TITLE OF FILM: PRODUCTION COMPANY: |
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NAME OF ARTISTE: ADDRESS: DATE OF FILMING:
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I hereby agree that the copyright and all other rights in respect of my performance is hereby assigned to (Company name)Ltd. I agree that the film (title) that I have contributed to, may be exhibited in all media and formats. This may include public screenings and broadcast screenings. (Company name) Ltd may without further consent use my name, likeness, biography and photographs of me and recordings of interviews with me in advertising and in publicising the film (title) in all media and formats. I hereby agree that my performance in title is not for any payment or deferred payment/ (or insert fee)
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Signature (Artiste) _____________________________ Print Name _____________________________ Signature (Producer) _____________________________ Print Name _____________________________ Date _____________________________
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release form - more suited to documentaries:
Note this form is NOT to be used where any talent union agreement applies e.g.
Equity, M.U., Writer's Guild etc.
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PROGRAMME TITLE __________________________________________________ |
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In consideration of the Company agreeing that I contribute to and participate in the Programme, the nature and content of which has been fully explained to me, I hereby consent to the filming and recording of my contribution to and participation in the Programme subject to the terms and conditions specified below. Signed by Contributor _________________________________ Dated _________________________________ |
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Terms and Conditions |
Note. Obviously, the release form does not protect the director or producer of the material from litigation from those portrayed in the programme, if the director or producers use the material in a way not agreed to on the form or indeed as they may imply on the day of filming (though the latter may be more difficult to prove). Perhaps it is in the producers interest to keep it vague, but if you are asked to sign a release form it is in your interest to have that form detail the aims of the production, as well as your waiver.
Related links:
http://www.internetcampus.com/talent.htm
http://www.wcat.org/Release.html
http://www.westminster.edu/staff/niekamra/251/251Form.html
http://www.cookefilm.com/download/SAMPLE~1.html
http://www.unf.edu/dept/genl-counsel/forms_and_contracts.html
www.pcam.co.uk also the Bugle -Newsletter
of the Society for Producers and Composers of Applied Music, one of the largest
specialist organisations for collection of royalties. 020-7306-4300
www.prs.co.uk performing rights society.
PRS has a Legal Referral List where music industry lawyers have agreed to give
PCAM members (for example) one hour’s free consultation. If you would like to
receive a copy of this list, visit their web site.
www.mcps.co.uk
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Children's working hours: are governed by three
pieces of legislation:
Health and Safety (Young Persons) Regulations
Children and Young Persons Act You can get a copy of the Children's Act and recent amendments from HMSO (Her Majesty's Stationary Office).
Children (Performances) Regulations. a system of licensing by Local Education Authorities of Children's Performances. As part of a fairly recent amendements to the Childrens Act (1963) a Producer/PM/Filmaker is obliged by law to apply to the local county council (in which the child lives) for a license PRIOR to filming. Failure to do so can lead to prosecution and a maximum two year prison sentence. Contact the LEA for the child's school, they will supply full info. Contact the relevant County Councils' Education Officer. You will need to complete a form that will be supplied, detailing location, times of filming, etc. you also need a letter of permission from the parent/s, a letter from the head of the school, and a letter from the child's doctor to state they are fit and well. In addition two passport size photos and a copy of your insurance cover note for public/employers liability. In most cases you should aim to submit all of this 21 days in advance of filming. You will then be issued a license for which there is no fee.
See also HSE Booklet: YOUNG PEOPLE AT WORK isbn 0717612856. Also contact Equity for more info and the DTI for advice on health and safety at work.
Working hours are rather complex but here is a rough guide. It is always a
good idea to use an older child who looks younger, but there are certain rules
that always apply.
1) Any child at school must have a local authority license if they are shooting
during a school term
2) He/she must have a chaperone - this can be a parent, but a registered chaperone
is a much better idea as they know the rules
3) Any school age child must also have a tutor and must be given time on set
to complete school work - the tutor can also be the chaperone.
4) All the above must have police clearances, and remember this takes time..
5) Children should be paid. Agents like Anna Scher and Sylvia Young will be
able to advise on all problems/monies. Any payments must be made directly to
the child actor, if they do not have a bank account then one must be opened
for them.
6) If you want to use a child with any kind of handicap, the relevant agencies
must be contacted.
These rules apply to children under 16. Above this age they are considered to be adults by the law, and must be treated as such.
| Child's Age: | Hours/day |
| Under 2 | Three |
| Under 5 | Five |
| Between 5 - 9 | Seven |
| Between 10 -12 | Seven |
| Between 13-16 | Eight |
Note that there are restrictions on call times and length of 'continuous performance'. The maximum amount of hours a child can work per day include any travelling time.
These laws are designed to protect and safeguard children from exploitation. The onus is on you to be organised and prepared, ready to shoot as soon as the actor arrives. You are also obliged to address the laws regarding health and safety issues, it's your responsibility to find out more and seek appropriate advice.
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Health and Safety Regulations. Health and safety in films and television is a minefield. Failure to comply with safety regualtions is a criminal offence that is why it is important to get it right. There are a number of ways to get help PlanIt is one way, subscribing to GEE publications is another. At the end of the day unless you are familiar with the plethora of regulations churned out from euroland it becomes a bit hit and miss.
Specialist health and safety organisations:
The Pudding Lane Fire Company or Safety In Motion - both have well qualified specialists.
The Safety Business Ltd: Experienced Health and Safety Consultants (range of prices including low budget film makers), have done courses for NFTS, & the NPA, & work closely with BECTU. Can tell you which bits of boring law you need to comply with, what it means, how to manage contractors on set and how to prevent getting sued / fined etc. Philip@safetybusiness.co.uk (5/2000)
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hyperlinks: Movie studios aim to criminalise links to DeCSS, a banned DVD-decryption program. April 6, 2000 | In a fresh attack on DeCSS, a program that decrypts DVDs so people can play them on Linux-based operating systems, the Motion Picture Association of America filed a motion to prohibit 2600, the "hacker quarterly," from linking to other sites that post copies of the outlawed program. The judge had ruled that DeCSS was a violation of the 1998 Digital Millennium Copyright Act, which considers anything that subverts "access control mechanisms" to digital content to be illegal -- regardless of whether the modifications to the mechanism are used to access the content or to copy it. The MPAA is trying to keep 2600 from even linking to other sites that have posted the program. But can hyperlinks be outlawed? April 2000: a California judge ruled, in a case brought by Ticketmaster against Tickets.com, that it's not illegal for one site to link to another. Among other things, that suit concerned "deep linking." Ticketmaster alleged that by bypassing its home page and linking directly to "inside" pages, Tickets.com violated its copyright. The judge, however, held that "hyperlinking does not in itself involve a violation of the Copyright Act." The MPAA motion is focused on a different aspect of linking -- whether it's legal to link to information that a judge has ruled is illegal to post -- but the Ticketmaster vs. Tickets.com case may still lend some legal precedent. Daniel Harris, the attorney who argued for Tickets.com's practice of linking to pages deep within Ticketmaster's site, says the case should indeed be considered a precedent in New York's federal district court, where the DeCSS case sits. "The Internet's exponential growth is due in part and parcel to the access to linked information, once you start applying the ability to police where links go, then it's going to have major negative ramifications on how the Internet will grow in the future." The MPAA says its only concern is with the DeCSS case, not linking policies in general. "There is certain hyperlinking that is clearly legal and others that aren't," says Litvack, adding that links to DeCSS are like links to child pornography, which "no one would want to proliferate, even if it's linked and not simply posted."
But whether you believe decryption technologies are as bad as porn or not, chances are you'll be able to get DeCSS without too much trouble. Since it was first made available by European hackers last year, DeCSS code has been posted and linked to from hundreds of Web sites. The MPAA's motion on Wednesday cites 300 links, and Litvack says there are probably even more. Meanwhile, in the non-virtual world, some activists have even taken to the streets, posting the code on posters and T-shirts. And adding further insult to injury, one free-software fan even created a decoy to fool investigators, like those at the MPAA, who are scouring the Web for sites posting the code. The MPAA's Litvack remains positive: "The US is a country of laws," he says, "and you have to hope people will obey them." But there aren't many laws that govern the Internet, and until the MPAA's motion and others make it through court, it's not clear where the law stands on linking.
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Insurance, equipment, prints etc
(1) use companies familar with the industry, (2) all shoots should have public liability insurance & in your own interest (3) equipment insurance.
Places to try for quotes:
¬Allan Chapman James. tel 01206 500000. Ask for Joanna Gregory. re shootingpeople mar00
¬Aon at Pinewood Studios 01753 658200.
¬BP Sanders & Co. e-mail GBHRJJBJ@IBMMAIL.com eg public liability through Stafford Knight Entertainment circa £300/pa.
¬BECTU Insurance/Golden Valley Insurance 01981 241062 goldenvalleyins@mcmail.com info pack for photo cover plus.
¬Performance www.hpc-performance.co.uk 0208 771 8844 email: performance@hanover-park.co.uk all industry related ins.
¬Media Insurance Brokers: Lisa McCormick enquiries@mediainsurance.co.uk Tel: 020 7287 0679
¬Robertson Taylor Ins Brokers Ltd 33 Harbour Exchange Sq. London E14 9GG and at Lloyd's 020 7510 1234. eg equipment Ins for £20k on any one production for 1 day or 5 weeks, and would cover up to 75% of value of insured equipment in respect of continuing hire charges because of loss.
Related links:
"The Copyright Book: A Practical Guide" by William Strong, published in 1999 by MIT Press (mitpress.mit.edu). The book clearly lays out the law on all aspects of copyright and is written primarily for creators, not lawyers.