Legality

Copyright Laws for Photography and Filming

In the UK, photographs, illustrations, and other images are generally protected by copyright as artistic works. This means that if you want to copy an image or share it on the internet, you will usually need the permission of the copyright owner. The person who creates an image will generally be the first owner of the copyright. However, there are various situations in which this is not necessarily the case. For example, if an image was created as part of the creator’s employment, the employer will generally own the copyright.

Patent Laws

The UK patent system is governed by the Patents Act 1977. This law outlines the requirements for obtaining and maintaining patent protection. To be eligible for a patent, an invention must be novel, inventive, and capable of industrial application. A UK patent has a life of 20 years and provides protection throughout the UK so long as renewal fees are paid every year.

Using Other People’s Images

If you use a third-party photograph without permission and the copyright owner discovers it, they may take legal action against you. This could result in fines, damages, and legal fees, significantly burdening your business. In some cases, you may also be ordered to stop using the photograph and destroy all copies.

Product Placement

In the UK, product placement is regulated by the Audiovisual Media Services Regulations 2014. The product placement must not influence the content or scheduling of the programme in such a way that it affects the editorial independence of the broadcaster. Product placement must not be overtly promotional, and the programme must not give undue prominence to the products. No surreptitious advertising techniques can be used.

Visible Brands in Shots

Visible brands or logos in your shots can indeed have legal implications. This falls under the realm of trademark law. Trademarks are protected by law, and unauthorised use of a trademark in a way that can cause confusion or deception, for instance, implying endorsement or sponsorship, can lead to legal issues.

However, incidental use of a trademark, where the use is not directly promoting your own goods or services, or tarnishing the brand, is often permissible. It’s always advisable to seek legal advice if you’re unsure.

Business Structure and Registration

When setting up a digital media and design business, choosing the right business structure is crucial. The most common business structures include sole trader, partnership, limited liability partnership (LLP), and limited company. Each has its own legal and tax implications.

Once you’ve determined the appropriate business structure, you must register your business with the relevant authorities.

Social Media Advertising and Competitions

If you’re using social media for advertising or running competitions, you need to be aware of the regulations set by the Committee of Advertising Practice (CAP). For instance, sponsored content must be clearly identified as an ‘ad’, and the claims made in your advertisements must be truthful and honest.

Ethical Considerations

Beyond the legal aspects, ethical considerations also play a significant role in digital media and design. This includes respecting privacy, being transparent and honest, acknowledging and correcting errors, and maintaining integrity in all your work.

Remember, this information is a guide and not a substitute for legal advice. Always consult with a legal professional when dealing with these matters. It’s important to respect the rights of creators and understand the legal implications of your actions in the digital media and design space.

Use of Music

In the UK, copyright law concerning music is primarily governed by the Copyright, Designs and Patents Act 1988. This Act ensures that music creators have exclusive rights over their creation, including the right to license, distribute, and modify their music. If you or your band mates have written the music and lyrics you are performing, you are the first owners of copyright in them. However, if you are performing music that is not originally yours, you will need to obtain the necessary permissions or licenses from the copyright owner.

Licensing

When it comes to digital media, licensing is a crucial aspect. In the UK, copyright law concerning software licensing is primarily governed by the Copyright, Designs and Patents Act 1988. This Act ensures that software creators have exclusive rights over their creation, including the right to license, distribute, and modify their software. Licensing means giving another person or organisation permission to use a work such as an image or a piece of music, often in return for payment and/or on certain conditions for a specific period of time.

Transformative Use

Transformative use refers to a use of a copyrighted work that, compared to the original work, represents something new or significantly different. This could be a parody, a critique, or a completely new creation that includes aspects of the original work. In the UK, copyright law includes a ‘substantial part’ doctrine, which on some views allows transformative use. Moreover, UK copyright law allows a fair use defence, of which commentators have seen transformative use as an element.

There are different rules surrounding shooting buildings, public places, objects, people, children and animals. But whatever or whoever you're filming, you need to make sure it is legal.

Filming Permission

Before you start filming, it is likely that you will need to get permission from the land or building owner. To find out more about permissions please visit our Get Permission pages

Filming People

There are several rights which apply to the use of a person’s image which filmmakers should consider, particularly when filming in the street within London or the UK. Read our guide to find out more about privacy, data protection, defamation, consent and practical tips for filmmakers.

Find out about Filming People

Filming Buildings

There are various legal issues to consider when filming buildings in London and the UK. Read our guide to find out about trademarks and logos, defamation, passing off, light displays, iconic buildings, and practical tips for filmmakers shooting buildings.

Find out about Filming Buildings

Media Insurance

All UK productions need Public Liability Insurance in order to receive permission to film or carry out commercial photography, which should be obtained in the earliest stages of pre-production. Find out what you will need and check our list of insurance company contacts.

Find out about Media Insurance

Working with the Police

Under certain circumstance you will need to get in contact with the Metropolitan Police Service Film Unit (MPSFU). This is particularly important if you are filming with fake weapons, emergency vehicles or uniforms, recreating crimes or filming with vehicles. Visit our Working with the Police pages for more information.

Child Performance Licences

If you are filming or working with children of compulsory school age it is important that you check whether the actor will require a Child Performance Licence.

Find out about Child Performance Licences.

Statutory Obligations

Read the Film London Code of Practice and check the relevant obligations closely to ensure that you operate within the law.

Download the Code of Practice for Location Filming

Minimum Wage Regulations

If you intend to employ crew, volunteers, unpaid workers or offer work experience opportunities, ensure that you are familiar with the National Minimum Wage regulations and National Living Wage rates.

Find out more at GOV.UK

Stunts

All stunts should be under the direct supervision of a recognised British Stunt Register (BSR) Action Coordinator or a person of similar experience *

Stunt professionals from overseas working with British teams should be well practised in the filming conventions and language of the British film and television industry or it may be necessary to use a British-trained stunt coordinator to ensure the safest performance and most effective results.

No member of production crew or acting cast may dictate who is cast in a stunt role when the stunt coordinator has doubts about their suitability and competence for the performance. If the stunt coordinator has such qualms and is under duress to proceed on location regardless, they should report their concerns to the Film Contact immediately: safety is paramount for all cast and crew and the general public.

* A person of similar experience to a British Stunt Register Coordinator may be deemed so by the production company if they are satisfied that the person can fulfil the following criteria:

AND

- Has undertaken Health & Safety training as befits their supervisory and creative role. Training has been taken or refreshed no longer than 5 years prior and the person has worked regularly supervising stunt action.

OR, can prove all of the following:

- Has undertaken Health & Safety training as befits their supervisory and creative role. Training has been taken or refreshed no longer than 5 years prior and the person has worked regularly supervising stunt action.

- Must be familiar with UK Health & Safety regulations.

- Their abilities are graded or recognised by a body with a methodology and process that can be verified.

- Has proven experience in performing and coordinating comparable stunts as will be filmed on the day. In the event that it has never been done before, the stunt coordinator should consult with or employ an expert with relative knowledge.

- Has demonstrated thorough risk assessment skills and effective application of control measures on other productions.

- The person can demonstrate an understanding of the differing degrees of applicable skills that will be required of their stunt team.

† JISC: The former Joint Industry Stunt Committee whose members were graded by JIGS (the Joint Industry Grading Scheme). The core of the British Stunt Register grading scheme is based on the former JISC grade model, it has been updated and incorporates H&S training as a mandatory condition of BSR membership.

For more information on stunts Download the Code of Practice for Location Filming

Confirm British Stunt Register Membership Status
Understand the Stunt Grade Scheme
BSR Website | BSR Office: 01753 652 821 | info@thebritishstuntregister.com

Depictions of Suicide

The Samaritans has produced guidance that productions are encouraged to follow when filming any scenes portraying suicide and self-harm.

Guidelines can be accessed here: Samaritans' Media Guidelines

Contact mediaadvice@samaritans.org for more information.

Health & Safety and Mental Health

Depending on the content being filmed, productions should also consider:

• Bringing in an intimacy coordinator for scenes involving sexual content and nudity. To find out more, visit www.intimacyonset.com/intimacy-on-set-guidelines.html

• Engaging an Injury Prevention Consultant (IPC) such as www.thisisipc.com, to support physical welfare of actors on set and supervise all directed movement and choreography in a production. Visit the Best Practice Guidelines For Injury Prevention In Stage & Screen Production

There are mental health and welfare resources available to productions, including:

• The Mark Milsome Foundation Film and TV Online Safety Passport Course which covers topics such as Speaking Up, The Law, Working Hours, Health and Safety, Mental Health, Bullying and Discrimination

• Mental health awareness training: https://6ftfrom.org/, www.screenskills.com/, www.solasmind.com/. For more support and advice visit: https://filmtvcharity.org.uk/