Codes of Practice and Regulation
Clearances
- PRS represents songwriters, composers and music publishers, and collects royalties on their behalf whenever their music is publicly performed. This includes performances of both live and recorded music or music from TV and radio, in premises from concert halls to corner shops.
- MCPS means that you earn money whenever your song is played on a CD. where as PRS covers you for this as well as preforming your song as well. For example, if it is played in a bar or public area.
- PRS represent songwriters, composers and music publishers they offer them legal advice as well as support against copyrighting.
- A clearance is an official authorization for something to proceed or take place. The people that need this include film makers, actors, producers. These are important because it gives them legal clearance when making the film to use the person or what they have created.
The RPS has worked with a top UK law firm to produce a RPS Model Release Form template with supporting notes to give guidance to amateur and professional photographers over how to use it. A model release forms specifies how pictures can be used and is there to protect both the photographer and his/her subjects. Properly completed a signed form will protect the photographer in the event of any future claim.
Here is an example of a model release form and some of the things that need to be agreed within the from.
Filming in public spaces
Local authority
If you want to film on public land you will need permission from the appropriate local authority or council. They are responsible for public land, public buildings, roads and parking. The UK screen agencies can help you get in touch with the appropriate local authority contact.
Police
You will need the full co-operation of the local police force if you plan to film on a public highway or use special effects, explosives or fire arms (including replicas). You will also need permission to portray uniformed police officers or marked police vehicles on film.
You should inform the local police force in writing of any planned filming within its jurisdiction. The UK screen agencies can help you arrange this process.
Filming on public roads
Before filming on a public road you must contact the local police and the Highways Department of the local authority. Both will need to make sure that your plans are safe and pose no threat to road users. If you plan to stage stunts, a stunt co-coordinator should be involved in any planning discussions.
You will need details of the safety conditions covering any tracking vehicles you hire and also find out what permissions and rights clearances have been granted at the location – for example, are you entitled to film the signage on any commercial premises in the area?
Advice about permission and Rights clearances
If you film an actor inside a store or restaurant, you need written permission to use the location and also to show the chain’s name or trademark.
If you film outside a store or restaurant you do not need permission to show its name or trademark – however, if the location chosen is used to communicate a negative message in your film (for example, a film about ‘poisoned restaurant food’) you may risk legal proceedings.
You do not need to ask passers-by for permission to feature their faces in a film. Under UK law, the copyright of film shot in a public place resides with the filmmaker.
Health and safety
Risk assessment
What is risk assessment?
Risk assessment is a careful examination of what could cause harm to people,
so the production company/producer can weigh up whether adequate
preventive or control measures have been taken or more should be done to
prevent harm and to ensure that minimum legal standards are met.
You need to determine whether there are any significant hazards involved
with the production activity and whether sufficient precautions have been
taken to reduce the risk.
A hazard is something that can cause harm, eg chemicals, electricity, noise, work at height, loose cables. A risk is the chance that somebody will be
harmed by the hazard, usually classified as high, medium or low.
Who should do risk assessment?
A competent person, who has knowledge, experience and understanding of
the task or activity under assessment, should carry out the risk assessment.
If special technical knowledge is required, more than one person may be
required, including someone who has the necessary competence in the
particular activity, eg stunts, special effects, flying, animals, set design.
The producer is responsible for ensuring that risk assessments are
completed for their productions. In practice, they may delegate risk
assessment to other people, such as production managers, designers, heads
of departments, the location manager or the unit manager.
In this case, the producer must ensure that:
● The person delegated is competent to perform the assessment, if
necessary, by providing training in risk assessment procedures or
other aspects of health and safety;
● The assessment is carried out;
● Necessary controls are implemented effectively throughout the
production;
● The assessment is reviewed where changes or new circumstances have
made the original assessment no longer valid.
For small-scale productions in low-risk situations, eg. those involving a
single camera or small crews, it is likely that the assessment can be carried
out by the crew on the ground. The production company/producer must
ensure that crew working on this style of production have the necessary
competence to perform risk assessment and implement effective controls.
In the case of ‘non-production’ activities, the responsibility for assessment
rests with the departmental manager. Again, they are likely to delegate the
assessment to others but will still retain the responsibility for ensuring that
those to whom they delegate are competent to perform the assessment, that
the assessment is carried out and the necessary controls are implemented
effectively and reviewed.
New hazards can be introduced if there is any significant change in the
activity, equipment, substances or procedures. Risk assessments should be
revised following any significant change or when they become out of date. If
there have been no changes, the assessment should be reviewed at least once
every three years to ensure that the precautions are still working effectively.
Legal
- Copyright is the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.
- Health and safety is important for a number of reasons, most noticeably the safety of the employee when filming at a location. For example, if you are filming in a location that has trip hazards then the location must have a full risk assessment identifying any potential threats to the people who are working there. This is effective because because you have identified the hazards and you can avoid them. One way to health with this issue is to have one member of your crew who is experienced is aware of health and safety issues. This is effective because they can help the inexperience of the crew.
Insurance
- Insurance is a really important part of film-making. The bare minimum insurance cover that you will need is health and safety cover for cast and crew. You can also have insurance on equipment which will cover the cost if you damage them.
- The main areas you will cover are: Equipment, Footage, Employers liability and public liability.
- Its recommended that you look for insurance quotes quite early in the production as it helps you understand how much money needs to be put away for it. It is estimated that it can cost anywhere from £500-£1000, it will cost usually an extra £400 if you want to go worldwide.
An example of insurance from film insurance IMS which gives us a lost f some of their beast insurance policies and how a customer would be covered.
Regulatory Bodies
what is a regulatory body?
A regulatory body is like a professional body but it is not a membership organisation and its primary activity is to protect the public. Unlike professional bodies, it is established on the basis of legal mandate.
Regulatory bodies exercise a regulatory function, that is: imposing requirements, restrictions and conditions, setting standards in relation to any activity, and securing compliance, or enforcement.
Ofcom is the communications regulator in the UK. One of their main duties is to ensure that the UK has a high connection speed. For example, Internet connection speed. They also ensure that UK has a high quality of TV and Radio program. For example, making sure that the programs make mass audiences happy to achieve the best results. They also offer protection to make sure that all employees involved in making a program are happy and treated fairly, with all ethical factors covered. Finally, they also protect people from harmful/ offensive and explicit content.
The BBFC (British Board of Film Classification) is non-government organisation that chooses the age ratings on all films in the UK. Their chef responsibilities include Cinema, Film Certifications and Video Releases.
Trade union
BECTU (Broadcasting, Entertainment, Cinematograph Trade Union) is the UK's media and entertainment trade union; sectors covered include broadcasting, cinema, film, digital media, independent production, leisure, theater and the arts. Conference delegates in Bournemouth 2010.
BECTU Union democracy
BECTU is a democratic organisation run by representatives elected amongst its membership. Members are grouped into local branches which send representatives to the policy-making annual conference.
Branches themselves are grouped into five Divisions.
The National Executive Committee (NEC), which is made up of members elected by secret ballot every two years, has on-going responsibility for the running of the union.
The union's Rules provide full details of BECTU's structure.
Alliance for film and television
Pact supports its members with legal and business affairs advice and support, as well as a wide range of services and campaign work.
Pact helps to shape the best possible regulatory and legislative environment for the independent production sector to grow domestically and internationally – the association has a strong record of success in campaigning for producers’ rights.
National Union of Journalists
about NUJ:
- The industry has never needed an active and strong union as much as it does now.
- The National Union of Journalists is the voice for journalists and journalism.
- The NUJ is an inclusive union and represents a broad range of media professionals.
- We strive to improve the pay and conditions of our members and protect and promote media freedom, professionalism and ethical standards.
- The NUJ is an active union – our members campaign and negotiate to ensure we are properly rewarded for the skilled work we do.
- The union is represented in towns and cities all over the UK, Ireland and parts of Europe. NUJ members act together to improve living standards and working lives.
- They are represented across the media – as staffers, casuals and freelances in broadcasting, newspapers, magazines, books, public relations, photographers and in new media.
The UK standard classification code published by the Office of National Statistics lists a series of roles defined as journalistic. These form the single occupational group of "journalist, newspaper and periodical editors" and include:
