When filming many things have to be taken into consideration as there are laws in place about the requirements which need to be met in order to film in certain locations or to distribute certain footage. When filming I need to consider:
-Laws regarding filming others
Generally if you can see someone's face on camera you need their permission which can be an issue if your are filming in the street:
'by virtue of the European Convention on Human Rights and the Human Rights
Act 1998 everybody has a right to a respect for their private and family life, their home
and their correspondence.'
This reveals that people have the right to privacy and therefore it is up to the director whether the footage is a breech of this right or not. If so the footage can be cut, or the person censored out of it. This rule is much more strict for people in the public eye or for children, so for my film this should not be too much of an issue.
'the Data Protection Act 1998 applies to any person or company
“processing” anything within the definition of “personal data”. The Court has confirmed
that storing, developing and printing photographs amounts to “processing” so by
extension recording and exploiting video footage is also likely to be caught within the
definition.'
This issue can be solved by getting peoples permission if they are on the camera, or by putting up signs saying filming is taking place so to avoid the area if there is a problem with them being on camera. It can also be avoided if the person is not identifiable in the image they appear in.
Defamation is also a problem when film making as you must be careful to not create any false meaning in the footage when editing. This could offend people who are within the film and create the wrong impression of individuals. To avoid this I should take care that I am not manipulating the image at all and that I have not filmed anywhere which could be considered a sensitive or private area.
-Laws regarding the locations I film at
'Buildings are protected by copyright under English law but there is a specific exception
under section 62 of the Copyright, Designs and Patents Act 1988 which permits you to take
a photograph or film of a building without infringing its copyright. This means that you do
not require the permission of the owners of the copyright in a building to make a film or
take a photograph of it.'
This shows that I am able to film the outside of buildings generally without permission, although I do not believe any of me settings require me to do this. If I wanted to reproduce a 3D copy of a building, I need the owners permission but again I do not believe this is necessary for the locations in my own film.
You are also allowed to 'create graphic work' based on a building which means if you film a public building you are allowed to edit the footage and create a graphic work. This again is not relevant to my film but when it comes to shooting my ideas may change.
Private land rules still apply however, even if the building itself if public you cannot position yourself on private land as this would be breaking the law. To avoid this some research may need to go into the locations at which I plan on filming at to ensure I am allowed to go everywhere I plan to. If somewhere I need to go is classified as private then I would need to either rethink my locations or ask the owner for permission, and in doing so they are entitled to give me conditions and things I can and cannot do with the footage.
I also need to consider branding and trademarks which may appear in my film, and this is important as I do plan on filming in a cinema or a shopping centre, which will feature brand names. I may need to gain their permission if their logo is in the footage which I include in my product. I also need to consider what certain buildings represent and how this may affect copyright laws and also how the footage comes across in my final product. Light displays and signs can also be copyrighted so this is again something which could be relevant if I am filming in a shopping centre particularly. To avoid this I may need to consider the shot types which I use and whether the inclusion of any brands or signs could be avoided.
-Insurance
In order to film in public you need proof of Public Liability Insurance and the price of this varies depending on the size of the productions, the locations and the photography involved, but generally will be around £2 million. This can be done through companies such as Towergate Underwriting Entertainment in London.
-Minimum wage regulations
The National Minimum Wage act is the least amount of money people can be paid an hour to work for you. This does not apply for people who are gaining work experience, who are charity volunteers, who are business undertaking or who are private volunteers. This mean to us the minimum wage act does not apply as our cast will be made up of volunteers.
-Statutory obligations
There are a lot of statutory obligations that come with filming however most of them do not apply to my film due to the nature of it and the locations which I am choosing to use. If there is any filming outside, cabling may be an issue and the area needs to be safe for everyone, however the main obligations come in with the use of weapons within the film. Weapons will only be used in private locations so permission from the council is not necessary, but we must have permission from the building owner and the actors involved in the scenes. We will have to complete a health and safety assessment of each location to ensure that everyone is kept safe during filming.
-Child performance licenses
The child performance licenses apply to anyone in compulsory school age, which all our actors are as you have to be in school until you are eighteen. It requires notice of 21 days and it requires documentation from both the producer and the child's guardian. The child must then be supervised by the guardian during their time our of school. This however will be avoided as we are not going to take people out of school and will instead film in our free time, which they will not need permission for.
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