BUSINESS AFFAIRS & RIGHTS
rights. These are often very important.
Understandably, organisations are often
wary about how they will be portrayed,
and offering viewing rights at the start
can be a useful way of addressing concerns. However, it is important that
programme-makers do not cede editorial control, which must remain with
the broadcaster. In other words, those
being filmed cannot be granted
editorial approval, as to do
so would be a serious
breach of Ofcom’s
rules. Assuming the
broadcaster agrees
– and producers should always
check with their
commissioning
editor – what is normally agreed is that the
programme-makers will
arrange for a viewing of a fine
cut of the programme(s), at a time when
changes can still be made, and will
agree to correct any factual inaccuracies.
Occasionally, but exceptionally, producers can agree to remove other types of
material e.g. if filming with the police
authorities, material they reasonably
deem would compromise undercover
operations, or perhaps interfere with active legal proceedings. If in doubt, seek
advice.
Filming with particular types of organisations, such as the police or hospitals, often requires specific terms to be
included in the access agreement. For
example, for hospitals, key concerns are
normally patient consents, privacy
and safety matters. When
filming with police forces, key concerns tend
to be about safety,
fairness and accuracy - both in relation to the conduct
of officers and suspects – and, as noted
above, anything in
the filming which could
compromise ongoing investigations or interfere with
active legal proceedings. Again, such
concerns can normally be addressed in
the access agreement.
Where it is important that the film
crew’s conduct does not interfere with
the work of those they are following this is often the case when filming with-
Offering
viewing rights
at the start can
be a useful way
of addressing
concerns
in hospitals and with the emergency services - it is often useful to have a written
protocol in place setting out clearly how
the crew will work and interact with
those they are accompanying. This can
be approved in advance and incorporated into the access agreement.
The broadcaster may also require an
exclusivity provision to ensure that the
company or organisation to be featured
won’t take part in a similar programme
prior to transmission and for a reasonable period afterwards. For commercial
organisations in particular, this can be
seen as overly restrictive, but by negotiating certain carve-outs from the exclusivity requirement, for example for
marketing or promotional activities, it
is possible to achieve a contractual obligation everyone is happy with.
These are just a few of the issues that
programme-makers need to consider
when agreeing access to film with
companies and other organisations.
Abbas Media Law has many years’
experience in drafting and advising on
such agreements in a very wide range
of contexts. For further information
or advice contact Abbas Media law at
[email protected]
ABBAS MEDIA LAW are experts in all aspects of business affairs & rights
issues affecting the television and other media industries. Our business
affairs & rights team, Nigel Abbas and Jenny Spearing, advise clients, both
companies and individuals, on all aspects of business and commercial
affairs, and chain of title and rights issues, in connection with the television,
film, advertising and publishing industries. We can advise you and help you
in structuring a deal, we can draft and negotiate all types of agreements,
and we can answer all your day to day business affairs, production and
rights queries. A small selection of the types of agreements and deals we
regularly advise clients on are:
• commissioning and production agreements
• financing agreements
• distribution agreements
• co-production agreements
• all manner of underlying rights agreements such as option, access,
location, contributor and presenter agreements.
We provide a first-class professional service offering
clear practical advice and solutions. Please get in touch
for more information about the services we offer.
18 | zoom-in Winter 2016
Nigel Abbas
Founder
Jenny Spearing
Consultant