Wednesday 11 August 2010

An Eventful Day

Today was a hell of a day. Today I started to really explore the legal aspects making a short film. I thought that the hard part of making a short film was going to be getting the crew and equipment needed to shoot, followed by a hell of a lot of time in front of the screen editing, then moving on the monumental task of getting the picture seen. How fucking naive I am. The big hard complicated stuff is all the legalities.

I asked a simple question via e-mail to the Film Agency for Wales this morning. Do I need to get permission to shoot a scene in a public park? (Before I get sidetracked can I just comment on how patient, efficient and helpful the people in the Film Agency for Wales. If you need advise on making a film and you live in Wales you should absolutely contact them)To be honest I kinda expected the answer to be "No, of course you don't! They're public spaces, just don't blow anything up and it's fine!" Jesus I am naive. "Yes you need permission, get in touch with the Wales Screen Commission and they'll tell you who to contact and what you need". So I did. Again let me say how incredibly helpful the people there are. I was told that to get permission to film I needed to contact the local authority. However unless I completed a risk assessment and had public liability insurance the local authority wouldn't touch me with a shitty stick. I went digging at lunchtime and called the first media insurance company I could find. The informed me that as well as public liability insurance I was required by lay to have employers insurance. Every single person contributing to this is volunteering their services for free but I still have to get employers insurance! "Okay so how much is that going to be?" "Five Hundred and Twenty Quid" "FFFUUUUCKCK!!!" This was supposed to be a zero budget project. The camera from Ebay was supposed to be the only real expense. But I'm supposed to fork out nearly the same amount of money again for insurance for a two fucking day shoot!

A brief explanation of what I have found out about what insurance is required:
  • Public Liability Insurance - Insurance against any damage or injury caused by your cast, crew or equipment
  • Employers Insurance - Insurance against damage or injury caused to your cast or crew
  • Equipment Insurance - Insuring any of the gear involved, either yours, borrowed or rented.
I asked  the Film Agency for Wales and the Wales Srceen Commision again for their advise and was put in touch with Essex Insurance Brokers. Quote for Public Liability and Employer Liability Insurance - one hundred and fifteen quid. Big fucking difference. 

Other legal requirements that I have learned about that are required:
  • Permission to film  - for locations that are not yours you need permission, if it's a public space you need permission from the local authority, which requires insurance and a risk assessment. You may also need to get permission from the police.
  • In order to reduce your liability its advised to set up and register a production company. This involves registering with Company House and with HM Customs and Revenue for Corporation Tax. Jesus!
  • Contracts for cast and crew, yes even if they are volunteering services for free.
  • Waiver for graphics, logos and fonts, that appear in the film unless they are just incidental. That's right Fucking Fonts!
  • Waiver for any sound, music, video or images that aren't yours.
If you don't get any of these that you require you won't be able to get the film shown anywhere for fear of getting sued. The legal profession has a lot to answer for. I am aware that some friends of mine in the legal profession may be reading this so I must be careful to intentionally direct all my bitterness squarely at them. You know who you are!

Music is biggie from a legal point of view. I'm fortunate that I know someone in a talented but unsigned band, The Crow Hearts (Check them out if you get the chance) If you want to get some music from a signed band or some music that has been published elsewhere, on the off chance that you actually find the person or company that owns the rights, the cost will be huge.

I shall leave the hellish dystopian landscape that is the land of the law to touch on something a little sunnier. I finalised my cast today! Yaaaay! More info on that another time

I'm off to buy a fucking white curly wig

Mark out

1 comment:

  1. It's all the little stuff that causes the headaches! When we shot a documentary earlier in the year, we had to carry around loads of disclaimer forms, letters of permission (we filmed in Trinity) and all that lark. It's easier when it's a student film though, like you said, there's a whole other level of complicated when it's your own do.

    You can actually find some musicians through an online source that provide their work for free, but it does involve some trawling (there's a lot of shite out there!)

    Looking forward to hearing how you get on!

    Al

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