Professional Practise
Consent Forms
In order for someone to be filmed, interviewed or photographed they must have at some point given there permission for it happen. This can be done by signing a formal release form or by recording the subject saying they give permission on camera. Permission should always be sorted out before the event takes place. A change of heart from the subject after the event has happened is not uncommon and could ruin your feature.
Any subject up to and including the age of 16 must have been given strict permission by their parent or guardian. It is still advised to have the same consent for up to 18 year olds, but this can be dependent on the nature of the either the topic, or the person themselves. When filming publicly, getting consent is not necessarily needed if it is about a non-controversial topic. However, it should always be well thought out, and if there is ever any doubt in the filmmakers mind, then it is best to get the consent.
Right to Reply
When any form of Media is published, and a person is mentioned within it, they have a ‘right to reply’ which allows them to defend themselves if they do not agree with how they were portrayed. The BBC state in their guidelines that anybody who has been accused of something within their output, must be “given a fair opportunity to respond to the allegations”. The BBC tries to keep it fair and they aim to broadcast any response to allegations within the programme that states what they have been accused of. Sometimes, for legal reasons, this is not possible, and so a senior consultant may determine an alternative opportunity for the accused to reply.
Copyright
Creators of original media are able to copyright their work. This gives them ownership of the piece and it is therefore up to them how they would like to use, distribute or sell the work. Copyright protects creators from other people who try to use or steal their work as it provides proof of ownership. Copyright only lasts for a set amount of time, after which the work becomes Public Domain (see below). Work that has been copyrighted can still be used under the rules of ‘Fair Use’ (see below).
Fair Use
Fair use is a legal defence against being accused of copyright infringement. It allows you to use an appropriate amount of copyrighted material for purposes such as commentary, criticism and parody. Fair Use is instilled into law so that people’s freedom of speech is not too restricted. However, there are no defined outlines to what comes under the umbrella of fair use as to an extent, it is open to interpretation by the courts.
Public Domain
Any creative piece of work that either has not been copyrighted, or the copyright has expired, falls under the umbrella of Public Domain. This essentially means that it has become public property and it can now be used freely. Work that is in the Public Domain, cannot be re-copyrighted and is available to everyone.