Pre-production: Contracts

Creating contracts for contributors

Contracts and release forms are ways to ensure that the content you are creating can be used after filming for where ever you want it to go and means that all the content in it (interviews, music, pictures etc.) are legally allowed to be distributed. 
When making a film you need to ensure you are aware of the copyright of other artists when you need to use their music, videos, films, artwork, photos etc. You need their permission and/or pay to copy their work. You need to be able to prove to potential broadcasters you have the rights, that means you will need documentation for every single item in your movie – music, photos, film clips, graphics… everything. If it was not originally created by YOU, then you will need to have a document showing you have permission to use it and copy it - Desktop Documentaries

Different release forms include:

• Talent Release Form - ie Personal Release Form, use this for your interviews.
• Materials Release Form - Use this form whenever you are including photographs, paintings, sculpture, other artwork, documents or artefacts in your film.
• Location Release Form - Use this for permission to shoot on private property.
• Group Release -Use when depicting larger groups, such as a club, athletic team, choir, etc.
• Extra/Background Release - For persons who appear in the background of a shot or scene, but who are not the focal point or subject of the footage in question.
• Poster Release - This is a poster-size release you should use when filming in public spaces where numerous people may be entering and exiting the frame. Examples: Public Parks, Government Buildings and surrounding areas, Shopping Centres, Malls, Sports arenas, and the like. (Note that location releases may be required for some of these kinds of places)
• Crew Deal Memo - Use this release for all crew members working on the film. This includes volunteers, Production Assistants, etc., whether in the office, or on-set, who work during any phase of production, from development through post-production.

- (Desktop Documentaries)

Interviews/Filming People

The easiest way to get permission is to do it before filming, it saves you then needing to track down people afterwards. It's also a good idea to get peoples consent both on paper and on camera Tell them to look in the camera and read something like: “I, Sue Smith, agree to be filmed in this documentary about such and such and understand it will be used for broadcast on the internet and television, without conditions.” - Desktop Documentaries

Anyone under 18 needs parental consent.

Things to consider are:

Privacy

In the Human Rights act of 1998 it states that everybody has a right to their private and family lives being respected This right means that the media and others can be prevented from interfering in your life. It also means that personal information about you (including official records, photographs, letters, diaries and medical records) should be kept securely and not shared without your permission, except in certain circumstances. - (Equality and Human Rights Commission Article 8)

Data Protection

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  fall within the definition. ‘Personal data’ is defined as anything relating to living individuals who can be identified from either that data itself or from that data and other information which the data processor holds or could have access to. - (Film London)

This goes as far as to include any image of a person if they are identifiable as this counts as 'personal data', in this case it's my job as the producer to comply with the data protection act which has 8 primary principles:

1. Personal data must be processed fairly and lawfully

This is among the most important requirements of the Act. In order to comply, you must provide individuals with the name of your business, and details of the purpose for which their information will be used. You should make it clear that the individual can access and correct the information that you hold about them.

Crucially, you must also tell them if the information will be used in any way that is not immediately obvious. For example, you must tell the individual if their details will be passed on to credit reference agencies.

2. Personal data must be processed for specified lawful purposes

You must have a specified, lawful reason for collecting data; you cannot simply collect it speculatively. Furthermore, you cannot use the data collected for another, “incompatible” or unlawful purpose.

3. Personal data must be adequate, relevant and not excessive

You should only collect the bare minimum; you may not collect information that is not immediately relevant to the specified purpose, and you may not collect more information than you need.

4. Personal data must be accurate and up to date

Any information you hold must be factually accurate, and updated where necessary. Depending on the nature of your business, you may need to develop mechanisms that allow individuals to update their details quickly.

5. Personal data must not be kept for any longer than is necessary

If the purpose for which you collected the data is time-limited, you must ensure that the data is not retained once it is no longer needed. Where applicable, you should tell individuals how long the data is likely to be retained for.

6. Personal data must be processed in accordance with the rights of individuals

The Act sets out the rights of individuals, as well as the responsibilities of data controllers. You should make sure that you understand these rights, and act in accordance with them.

7. Personal data must be kept secure

You must take adequate steps to ensure the security of the data. This means that it should be safe from tampering, loss, or unlawful processing. You may need to develop both technical and organisational processes to help you deal with this obligation.

8. Personal data must not be transferred outside the European Economic Area without adequate protection

Data may only be transferred out of the EEA if the country to which it is being transferred has adequate legal protection for individuals and their details. - (Simply Business)

The easiest way to comply with data protection is by obtaining consent from the individual depicted in the image, this can be done through a signed form or a display clear and prominent notices warning the public that filming is taking place and if they don't want their image in it they should avoid. If in doubt, the image should be sufficiently obscured so that the individual is not identifiable. - (Film London)

Defamation

Defamation is when someone such as a film maker makes a statement that refers to an individual in any way and lowers the reputation of the individual, it can be either directly or indirectly. If the statement made is true it's not defamation but to be sure filmmakers should ensure that they can prove their statements are true through evidence.

When using an image filmmakers shouldn't manipulate the image of an individual so that its meaning is altered. It should be carefully considered whether there are any defamatory meanings implicit in a persons footage, if there is then any identifiable personal images should not be used without consent.

Archive footage/Pictures

Traditionally when looking for archive footage you'd go through routes such as online archives or go through people who work at archives to assist. For our Documentary the archive footage we will be using will be owned by the people in our documentary so we are able to gain permission to use it.

If we were going through archives ways we'd do this would be:

1. Start communicating with the archives early
2. Be organized
3. Back up footage -(International Documentary Association) 

Music

When filming in settings such as a restaurant or store and music is playing in the background, you need to be aware that you need permission before you use it in your film. If the music isn't important to the doc you should always turn it off.

Getting rights

There are two different people that own a song, these are; the record company/label and the publisher. In order to have a song on your doc you need permission from both of these groups.

You'll need a Master Use License from the record company and a Synchronisation License from the music publisher. - (Desktop Documentaries)

When asking for permission for a song you need to state how much of the song you are using, where it's going (film festivals etc). If your documentary ends up getting picked up for distribution or you want to start selling copies or upload to the internet, you will need to renegotiate the terms. Obviously, if your documentary ends up getting picked up by HBO and you are paid, say, $100,000 for your film, the owners of the music in your documentary will also want to be paid since their work helped in the success of your project. - (Desktop Documentaries)

Working with a composer

Even if the composer is a friend you should always have a contract, this should include

1. Usually, you don’t buy-out the music.

2. There are generally two ways of setting up the contract regarding budget

3. Set a time frame

4. Payment

5. Crediting

6. Expenses

7. PR

8.  How and what to deliver

9. Exclusivity

Contracts

For our actual contracts I decided I'd make three; one gaining permission to use the person's image in the film, another for archive footage and pictures and finally one for locations. When these are all filled out they'll be kept on file so that if questioned we can easily retrieve the form that approves us for filming.

A Personal Release form is a document that gives you the filmmaker, the rights to film another person for your project and then to use that footage in your film. -(Documentors- How to make a documentary)

Example of a release for from Documentors

Because we will be using archive footage belonging to other people I've looked into Materiel release forms:

Examples from Cifvf

For music we are going with a composer to have a song made for us as well as using music that is already made. 

(Composer agreement example)

Example of music license agreement from NIMIA

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Overall from this I learnt:

• To obtain written consent from anyone shown on camera, anyone identifiable either in the for ground or the background needs consent. EVEN IF SOMEONE IS OBSCURED THEY CAN STILL BE IDENTIFIED THROUGH OTHER MEANS.
• Obtaining consent doesn't always mean having a detailed right agreement, it can be short and simple confirming the individual has granted his/her consent for their image to appear in production. These need to be kept safe.
• If not possible to gain specific consent, you should make sure the area you are filming in is clearly marked and had sufficient warning notices that are visible at entry points. They should be in plain English and a legible font. If possible try to take a photo of these signs when up.
• You shouldn't use images of people in situations that could be regarded as private.
• Do not such a context or meaning around a picture that isn't true.
• Get consent forms signed sooner rather than later.

From here I'll make the contracts and release forms to send off to musicians and contributors.

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 We have three forms, material release, appearance and musician release forms. These will allow us to use any photos and videos that are relevant to the narrative. The forms cover everything that we hope to be able to do and if both our group and Tanya stick to the contract issues such as defamation will not occur as we will all be working truthfully and respectfully.
We'll be able to use music that is made specifically for our doc.
We'll also be allowed to use Tanya's interview. As well as Tanya any other people taking part will receive an appearance form and anyone who is caught in the background of a shot too.

In accordance with data protection all information when not needed will be destroyed.