Making my film the RIGHT way

Dan.Hall

Dan.Hall

Hi thanks for taking the time to read :)
I should really spend more time on these forums, but time is money.
Right now, I've reached a 'pre-production' stage with my screenplay, and I'm being cautious about taking the next step.
I hope you can help me!

First of all, I am experienced in the digital media field.
I have good to advanced skills with video camera, offline editing, screenwriting, storyboarding, shooting situations, sound recording and anything related to digital media - all gained through extensive experience in the corporate video industry. (I'm in the UK)

But i'm FAR less experienced in the filming of drama, or fictional material.
I won't presume to be knowledgeable about any of these things, so I thought i'd throw the following questions out there.

The script I'm adapting requires a number of specific locations. Would I need to get permits for every single location I use in filming (even if it's a field or stretch of woodland in the middle of the country) from local authorities?

I want to get actors - these will either be theatrical students or others who fit the required parts, hopefully willing to work for a credit and maybe a share of any potential profit - what kind of procedures do i need to go through for each actor? Do they need contracts? Do they need to be insured?

I'd also like to get a couple of re-enactors for one very short scene. I'm sure they wouldnt do this without liability insurance, right?

Do I need to register under a production name to do all of the above? Is this for liability insurance purposes?

I want to ensure the script/film is all legally protected in terms of copyright or incident. Again, is this a simple case of registering under a production name?

Any discussion on this would be much appreciated. To me, all this seems quite mundane.
I just want to pick up the camera, find my people and get filming as soon as possible.
I'd rather not get discouraged before I even start by a heap of paperwork, but then I'd also like to know what I'm doing by the time I get to that point.

Looking forward to your replies!
Thanks
Dan
 
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Most people on this forum will be more familiar with US law than British law, but (I would imagine) there are rough similarities between the two.

I'm no expert but you'll need to get location releases for wherever you shoot and you'll certainly need to get permission from local authorities if you are shooting in a public place. There are forms that will need to be filled out on private property as well, which is probably an easier option.

As for actors contracts it's always best to get every sub clause down on paper and signed up before you commence filming. It can be a real problem if you don't get this done properly, because there are some actors out there who are less than honest/not making as much money as they hoped.

As it goes for insurance I can't really say. It's certainly worth insuring expensive equipment. With regards to the actors on the whole I would say it's an avoidable expense (especially with theatre undergrads who don't know any better) but you may need to negotiate with the re-enactors (although I would assume that they will be insured seperately).

If you can get someone to do the paper work for you in exchange for calling themselves Producer then I would strongly recommend that.
 
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I would highly reccomend you take-up "Public Liability Insurance" before you begin to film, this will enable you to be covered if any damage to property, or injury sustained to a member of the public occurs. Any serious property owner, with previous experience in the field, will accept no less.

I can reccomend you the insurance company we currently use. There'll allow you to cover for any time period, meaning you're not paying for PLI when it isn't necessary. It's entirely dependant on your schedule. You'll be evaluated, as to your level of film-maker, cost of equipment, and budget.

You will have to establish yourself as a benefactor to a company. I would reccomend, if you value your equipment, to insure it.

http://www.yourinsurance.co.uk/?utm_...FZqX2Aod3SOxIg

As Nick as mentioned above, it's certainly expected to contract your actors. Merely as a precaution, if not for the sake of professionalism.

SonnyBoo, a great friend of IT's, has a website for alot of your specifications.

http://www.sonnyboo.com/downloads/downloads.htm

Don't be disheartened by this aspect. Even though it may not appear so, it's a necessary precaution, in the interest of your growing approach into the industry, and your welfare.

The best of luck to you.
 
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The script I'm adapting requires a number of specific locations. Would I need to get permits for every single location I use in filming (even if it's a field or stretch of woodland in the middle of the country) from local authorities?
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I can only answer for California. In Los Angeles you need a permit unless you're shooting at a sound stage. Having said that, the City of LA is trying to sap poor filmmakers for every dime they have. If you think you can get away with shooting without a permit and without a cop or off-duty cop busting up your shoot then go ahead and shoot! The downside is if you have to stop your shoot short and absorb the costs of paying cast and crew for a wasted day.

I want to get actors - these will either be theatrical students or others who fit the required parts, hopefully willing to work for a credit and maybe a share of any potential profit - what kind of procedures do i need to go through for each actor? Do they need contracts? Do they need to be insured?
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For a really low budget movie I'd have your key actors sign a deal memo so they don't flake. ALWAYS have backup choices. Statistically about 10% of actors will totally flake out the day of the shoot.

Do I need to register under a production name to do all of the above? Is this for liability insurance purposes?
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No. Do you have money to sue for? In California it costs upwards of $1,500 to incorporate and follow the anal retentive formalities. For ultra low budget movies this is overkill if you don't have money to sue for. People don't sue defendants who are broke or close to broke. You should have liability insurance in case a grip falls off a ladder and dies. Most rental places won't rent you their equipment unless the shoot is insured.

I want to ensure the script/film is all legally protected in terms of copyright or incident. Again, is this a simple case of registering under a production name?
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The big movies always have an attorney do a "script clearance" but for small time movies this is expensive. Better to read books and study up on what you can and can't do. Beware of anything that is "art" that is prominently shown on camera. This could be a painting, some pottery, a doll, a quilt, etc. Beware of using products in ways that they were not intended or with unsavory association. For example don't have a serial killer buy Camel cigarettes at a store. Don't use a camel cigarette to light a bomb that kills people.
Make sure anyone who works on the film who contributes "art" to the film signs a release that transfers copyrights to you. That would be the DP, director, everyone in the art department. Generally a lighting guy and makeup artists don't contribute "art" to the look. This info I am relaying is from an attorney I talked to.
 
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Not sure about any specific laws in the US, but for the UK, if the filming is in public then as long as you're not creating a 'nuisance' (completely blocking a footpath, running cables members of the public could trip over) then feel free to film away without a permit (obviously keeping in mind not having identifiable people/logos etc). If your filming affects other peoples enjoyment/use of the public areas then yeah, you'll need a permit, otherwise film away, it's a free country afterall!

That said, don't be surprised if security guards/officers don't fully appreciate that fact and be prepared for the need to explain it to them...
 
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El Mariachi said:
Not sure about any specific laws in the US, but for the UK, if the filming is in public then as long as you're not creating a 'nuisance' (completely blocking a footpath, running cables members of the public could trip over) then feel free to film away without a permit (obviously keeping in mind not having identifiable people/logos etc). If your filming affects other peoples enjoyment/use of the public areas then yeah, you'll need a permit, otherwise film away, it's a free country afterall!

That said, don't be surprised if security guards/officers don't fully appreciate that fact and be prepared for the need to explain it to them...
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I'm not so sure that is advisable, a permit is recquired for any act that is within or upon public property. To go into a public place without insurance, and to risk what could be a lawsuit after injury, or property damage, is not one worth taking.

A simple injury, caused by a loose cable, or a mere stumble upon any act created by your talent or equipment, is known to be contrived into the small millions. Be it a twisted ankle, or a bruised elbow. The costs WILL be more than you could ever repay, for something so benign.

Also, risking a production upon this fact, only to be asked to leave from your location- If that is you could acquire a location without permits or insurance, which is highly unlikely-, is something I would not dare put my crew through.

I apologize if the retort seems quite abrupt, be it you're new to the forums, but i couldn't condone your suggestion.
 
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If you've got a big crew and are affecting the public place/have cables all over the place then as I stated you will need a permit, which will require you to have insurance etc. The question was whether it's a requirement, and the answer is no. You're free to photograph/video what you like in public as long as you're not creating a nuisance. That's the law.

If it's a two man crew, with a pair of actors shooting a scene of them walking etc, then as long as there's no nuisance and irrespective of insurance issues there's no legal need for a permit in the UK.
 
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I think that given that the title of this thread is 'Making my film the RIGHT way' then whilst you may be able to get away with filming in public (due to a combination of ninja-like stealth and disregards for personal or public property) it's not the RIGHT way to do it.

Regardless of the technicalities of the law if the OP is looking to seriously produce a film then he needs to get insurance, public libaility, location disclosures, casting contracts et al.

You may be able to get away with a couple of people in a public place with a Handycam, who can masquerade as tourists or visitors. But I think any serious filmmaker is not going to see this as a particularly viable option.
 
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El Mariachi said:
If you've got a big crew and are affecting the public place/have cables all over the place then as I stated you will need a permit, which will require you to have insurance etc. The question was whether it's a requirement, and the answer is no. You're free to photograph/video what you like in public as long as you're not creating a nuisance. That's the law.

If it's a two man crew, with a pair of actors shooting a scene of them walking etc, then as long as there's no nuisance and irrespective of insurance issues there's no legal need for a permit in the UK.
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But the risk still remains. Without PLI or a permit, yes perhaps within a loophole you're eligable to film, yet it in no way covers you for a mishap, or injury. Nor does it allow you to air any footage you capture that may involve anybody who has not recieved prior notification.

The routine in this case, is to notify via a sign or two in the surrounding areas, explaining that there will be filming in the area. This by itself is something that without a permit the authorities will not allow. As it has differed the day-to-day occurences and structure of the location.
 
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For anyone coming into this thread and reading - I think that going ahead and not making sure you have yourself covered is pretty ridiculous. You never know what accidents could take place while filming - accidents happening to yourself, your crew and other people on the production as well as innocent bystanders.

I'm sure that if a filmmaker get a reputation for putting people in danger without proper precautions and permissions then really they are shooting themselves in the foot. No one would want to work with a filmmaker who endangers others.
 
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When one is shooting all of this without a permit and doing it guerrilla style, how does one get distributed? I mean, E and O insurance won't cover stuff like that -- or do they?
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Believe it or not, if you have no names, or identifiable places, then you may be okay. However if you make a film that gets picked up by a major STUDIO. They will want to put money into your film, and they are unlikely to take a chance if you do not have all your contracts and paper work taken care of. E&O insurance won't touch a film that doesn't have all the "i's" dotted an "T's" crossed. smaller distributors only care that there aren't any glaring problems. Music clearnace and talent contracts are most important though.

On a side note if you plan on making a film that could be distrubited then you should get all location Releases actors contracts, and etc. it makes your film more appealing to Distributors and if the Distributor isn't sure they want your film, paper work done really well can help them make their decision a little easier SOMETIMES that is.
 
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