Legal Responsibilities

Filming PeopleThere is no general ‘image right’ under English law but a filmmaker should consider the other rights that

apply to using a person’s face or anything that could be considered personal information such as a car number plate in film. Using a person’s face in film is not always deliberate as it is easy to accidentally film someone whilst filming in a busy street. In order to prevent this it’s advised that you film at an angle where you are unlikely to accidentally capture anyone if their consent to use their face has not been given. According to the Human Rights Act 1998, everybody has a right to respect of their private and family life, their home and their correspondence. This means that publishing an image of an individual accounts for misuse of private information. This rule is much stricter when applied to children therefore a child should also not be filmed without the consent of the child and parents. Also, according to the Data Protection Act 1998, video footage of an individual accounts for holding private data of a individual without their permission. Getting permission from an individual to film them would involve either written consent or clear warning to the public that filming is taking place. Filmmakers should also not film individuals without consent in a way that would interpret a difference meaning to a task they are maybe fulfilling.

The filmer can defend themselves for filming an individual without permission if they are using it for the purpose of journalistic literary or artistic material but would need to show they believed the filming was within the public interest. Filmmakers must not make a statement that would lower an individual’s reputation or portray them differently to how they are, this does not apply if the statement is true but if so then the filmmaker needs to provide evidence that the statement is true. If the individual is a celebrity or associated with an organisation there are additional issues to be considered because of trade mark claims if the person is wearing any identifiable logos or brands.

Filming BuildingsBuildings and are protected by copyright under English law but the Copyright, Designs

and Patents Act 1988 permits an individual to take photographs or film of a building without permission, this also applies to putting computer generated imagery onto the footage of the building or making a graphic work representing it,. But this does not apply to using or recreating parts of the building as a film set if the building has copyright protection so you would need permission to recreate it as a film set. Copyright doesn’t usually apply to buildings that have had an architect that’s been dead for longer than 70 years. National monuments are also unlikely to be protected so people are able to film them unless the person in charge of the monument and responsible for issuing filming permission for the land requires permission.

In order to film on private land either to position yourself to film a certain building or film inside the private land itself you will need permission from the landlord. This also applies to public buildings as many are actually privately owned but open to the general public for a specific purpose so filming requires permission. The land owner has the right to set any terms they want when their property is being filmed, this mainly includes restricting using the footage outside of personal use. Permission may also be required for any buildings that have a visible trade mark, logo, or a complex lighting display.

Media InsuranceCommercial street filming must be done with proof of Public

Liability Insurance that covers legal responsibilities if the production causes injury or damaged property. This policy should be obtained in the earliest stages of pre-production and kept until post-production has been completed. If Health and Safety regulations are not followed then the policy becomes invalid. Most film productions have a cover of a minimum of £2 million for street filming depending on the size of the project., other areas can range up to £5 million. Filmmakers will gain this policy through a UK media insurance company that will obtain the Public Liability Insurance or any other cover.

But because I am filming my trailer and taking photographs for my poster and magazine cover as a school project, my school covers all of this so long as they are aware of my project.

Child Performance LicensesIt is illegal to film a child under the age of 16 without the consent of

both the child and their parent(s). Sometimes you will also require a Child Performance Licence issues by the Education Welfare department of the local authority or borough the child lives in for permission to use them as an actor. Documentation is required for this license and must be given in at least seven days before filming takes place. The documentation is completed by both the production company or producer and the child’s parent or legal guardian and will include the child’s birth certificate along with an agreed statement on how many hours the child will work. If the child is going to be absent from school then a letter authorising this absence is also required along with a medical certificate. During filming the child must be authorised by a parent, guardian, or licensed chaperone. Because there will be no children in my trailer, I will not require this license but I will need to make sure I don’t accidentally film any children during street filming etc.

Actors/ActressesActors and actresses in my trailer need to sign

a form that allows me to market and distribute the trailer to an unknown audience, the form will include how many hours they will work, how much they will be paid, and the amount of credit they will receive within the trailer or any other advertising material. Actors and actresses will also be obliged to inform me on any illnesses or disabilities that will affect production of the film.

Applying Legal Responsibilities to my TrailerBecause I am filming my trailer as part of an education

course, my school will cover all the legal responsibilities of filming as long as they are made aware of what I am doing. If I were not filming that as part of my education, I would need to get insurance for my filming that will not only give me permission to film but will also cover the legal responsibilities that my school would otherwise be covering.

Some of my scenes will be filmed within Brigstock village. One in particular will be focused on the Anglo Saxon Church which I will need permission for because it is private property. I will gain this permission by finding out who is in charge of giving out permission to film on the church grounds and email them about my project.