Limitations and Obligations within the Television and Film

industries

A written report by Ben Vacher

Contractual Obligations

Within the television and film industries there are two main types of agreement.
Confidentiality and Non-disclosure.

A confidentiality agreement legally binds the individual not to release any information
regarding the production of the film they are involved in. This contract is used in order to
keep up and coming projects underwraps from the public eye. Film productions can be very
secretive, especially if they are mainstream franchises with a cult following. For example, by
the time the third Star Wars film, Return of the Jedi, was being made the previous two had
made $1,320,769,967 combined in the worldwide box office. There was much anticipation
for the third installment and thus, to prevent any leaks, it was made under the name ‘Blue
Harvest’. Working/Code Titles for television and film productions are not uncommon and
Doctor Who underwent a similar, meaningless, codename for its 2005 revival when it was
made under the name, Torchwood, a pseudonym of Doctor Who. This name stuck with the
creators and went on to be developed into its own spin off show. For productions such as
these which are hidden in secrecy, sets are usually locked meaning no press are allowed on
and nothing can be taken away or published online or in the media.

A Non-disclosure agreement is similar to a confidentiality agreement due to the fact that it

prevents individuals from revealing information about a certain project. In this case, it may be
used to protect the rights of a writer or filmmaker who are pitching an idea to a producer.
They will have the producer sign a non-disclosure agreement, protecting their idea from
being copied, or developed by the producer/production company without their permission or
credit.

Keeping secrets is difficult, as shown by Marvel’s young Spiderman star: Tom Holland.
http://fanfest.com/2017/12/15/13-times-tom-holland-couldnt-keep-a-marvel-secret/

Exclusivity

This is a contractual agreement which means you are required (by law) to work exclusively
with that (production) company. This type of contract is often used when a piece of literature
is being adapted into a film, preventing any other production company, from developing it at
a similar time. However, it may also be applied to writers and producers such as Shonda
Rhimes, who signed a contract to produce shows exclusively to Netflix.

Legal Obligations

There are many legalities that are involved in a film or tv production, from the obvious of an
individual's privacy, to the more complex defamation.
For example, when filming people privacy is a key factor that has to be considered. The
European Convention on Human Rights and the Human Rights Act 1998 states that
‘everybody has a right to a respect for their private and family life, their home and their
correspondence.’ (Film London) Filmmakers, especially those involved in documentaries,
need to be aware when filming individual's in public, without their consent. The judgement
needs to be made on whether the individual would have expected to be in a private
environment and whether the task they were doing at hand impeaches their privacy.
Likewise, these considerations change significantly when being applied to an individual who
is in the public eye or children; according to Film London ‘it will rarely be appropriate to
publish any image of a child without the consent of the child and/or its parents’. (Film
London)

Ofcom states that ‘Where a programme features an individual under sixteen or a vulnerable
person in a way that infringes privacy, consent must be obtained from:
- a parent, guardian or other person of eighteen or over in loco parentis;
- and wherever possible, the individual concerned;
- unless the subject matter is trivial or uncontroversial and the participation minor, or it
is warranted to proceed without consent.’

Ofcom’s code of practise iterates that ‘Individual consent of employees or others whose
appearance is incidental or where they are essentially anonymous members of the general
public will not normally be required.’ Appendix 3, Article 10 states the importance of ‘the
protection of the reputation or the rights of others’ through ‘right to freedom of expression’.
This is developed under Appendix 2, Article 23 that states that those whose ‘reputation and
good name, have been damaged by an assertion of incorrect facts in a television
programme must have a right of reply or equivalent remedies.’
(https://www.ofcom.org.uk/__data/assets/pdf_file/0027/19287/bcode09.pdf)

When filming in London, it is recommended to follow Film London’s ‘Code of Practise’, the
aims of which are to ensure that:
- ‘The industry can film effectively, efficiently and flexibly in London
- All involved in location filming act responsibly, professionally and considerately at all
times
- The practical impact of filming on people and businesses within London is
minimised.’

Copyright

Copyright is a legal right that is created by the law of a country. It protects the original work
of a creator, providing them with exclusive rights for the use and distribution of the said work.
It enables a piece of work, for example a film, to be shown in public with the creator’s credit
and paid permission. Therefore, the creator gains revenue for their work.

Copyright is also a legality that filmmakers need to be aware of. It may arise in pre-
production situations when adapting a screenplay or a piece of literature. It could also be
prevalent during the entire production with artistic works used on set; music for the
soundtrack; and footage taken from other sources integrated into the film. Filmmakers need
to seek clearance when using copyrighted material, in order to gain permission and pay the
adequate fees in order to use the material. If this is not pursued, legal action may be initiated
by the copyright holder, leading to a fine and a potential court case.

Broadcasting Act 1990

- ‘Rules introduced on cross-media holdings to prevent ownership being concentrated

in too few hands.’
- Eg: ‘National newspaper owners prevented from holding more than a 20% stake in
TV companies’.
- Channel 4 and Channel 5 established as separate and new alternatives to the BBC
or ITV.

Ethical obligations

Race Relations Act 1976 (overlaps into legal)

- Aims to ensure that racial discrimination is not tolerated

- Recent amendment ensures public bodies promote racial equality

Acts like this still spur controversy, with some races/ethnic groups still being discriminated,
albeit to promote diversity. ‘Trevor Phillips, the Chairman of the Equality and Human Rights
Commission, claimed in a newspaper interview earlier this year that he believed the BBC was
now deliberately trying to recruit non-white trainees.’

(https://www.telegraph.co.uk/culture/tvandradio/7798083/Half-of-recruits-to-BBCs-trainee-
scheme-are-from-ethnic-minorities.html)

Obscene Publications Act 1959

- Aims to prevent the broadcasting of content that is ‘likely to deprave and corrupt’ the
audience. Channel 4 states that this may ‘not only [be] sexually explicit material but
material relating to violence and drug taking.’
- More relevant to research content.

(http://www.channel4.com/producers-handbook/media-law/other-laws-affecting-
broadcasting/obscene-publications-act-1959)

Codes of practise

- Most companies have their own unique Code of practise; outlining how employees of a
company may act.
- For example, part 9. Of the BBC code of practise works with Producers Alliance for
Cinema and Television (Pact) to ensure that Production Companies hired pay their staff
following the guidance of ‘Real Living Wage’.

9. Real Living Wage

‘Pact and the BBC agree that all production personnel directly engaged by a producer
(or a company within the same group) working on the production and/or delivery of a
programme are paid the real living wage. It is acknowledged that Pact will publish
guidance (here) to assist producers in complying with this requirement provided that (a)
the guidance and any future amendment is agreed between Pact and the BBC prior to
publication; and (b) the guidance is provided such that it is available to all independent
producers including non-Pact members.’
http://www.bbc.co.uk/commissioning/tv/articles/how-we-do-business#code-practice

A strong case study of questionable ethics within documentary filmmaking is ‘Farewell to

Hollywood’. The director of the documentary, Henry Corra, tags the film as ‘living cinema’. Corra
met with Regina Nicholson at a film festival when she was just 17, where she shared her wish to
create a feature film. Corra ‘vowed’ to help Nicholson fulfil this dream in the form of a
documentary about her struggle with life. Where the film sparks controversy is the ways in which
Corra seemingly crossed all ‘ethical’ lines that are usually carefully avoided by documentary
filmmakers.

For example, StopMakingSense created a video essay about the Ethics of Documentary
filmmaking, stating the Code of Ethics as including:

1. The Director Must not interfere in the subject’s life path

2. Subjects May not be paid for their use in the film
3. All parties involved in the film must be given the opportunity to represent themselves.

At least two of these steps were crossed by Corra when making the documentary ‘Farewell to
Hollywood’. For example, Corra became personally involved in Nicholson’s life, so much so to
the point where they essentially created the film together; both having directing credits and being
the two main subjects. Likewise, within the film we learn how Nicholson ultimately decides to
leave her parents after turning 18. However, there is no point where we see her parent’s
perspective, nor if Corra provided them with that opportunity.

The first point alone is not dissimilar to Zimbardo’s Stanford Prison Experiment, where students
were allocated to the role of guard or prisoner. Zimbardo, the lead psychologist running the
study, also played the role of the prison warden. This had disastrous consequences to the point
where he no longer recognised the participants as who they really were, but as prisoners, failing
to help those who asked to leave. Eventually a friend of Zimbardo brought him back to reality and
the study was stopped short after 6 days. The study sparked controversy within the world of
psychology and led to the British Psychological Society and American Psychological Association
creating a strong list of ethical guidelines that need to be followed when carrying out
Psychological research. Perhaps a similar situation happened with Corra, no longer being purely
the filmmaker, but a close friend to his subject too, influencing and shaping Nicholson’s final
events in life.

https://www.youtube.com/watch?v=EEuMExQoj74
https://www.youtube.com/watch?v=XGWKpAbZBIk

http://www.indiewire.com/2013/11/moving-or-offensive-henry-corras-new-cancer-documentary-
farewell-to-hollywood-is-both-32686/
http://www.indiewire.com/2014/10/the-ethics-of-documentary-filmmaking-69007/

In conclusion, there are a wide range of contractual, legal and ethical obligations that every
filmmaker needs to consider before embarking on their project. These rules and guidelines help
protect filmmakers, actors and crew members from infringement and harm. Therefore, they
should not be taken lightly. Planning and preparation is the most fundamental stage of creating a
film or tv show.