FAQ's

The WGA has reached a tentative agreement with the Alliance of Motion Picture and Television Producers on a new three-year Minimum Basic Agreement: Concessions from streaming platforms on residual payments and transparency on viewership numbers, wider artificial intelligence guidelines, and minimum numbers of writers for pre-development “mini rooms”.

“It will now go to both guilds’ memberships for a ratification vote. Eligible voters will be able to vote from October 2nd through October 9th, and will receive ballot and ratification materials when the vote opens. The WGAW Board and WGAE Council also voted to lift the restraining order and end the strike as of 12:01 am PT/3:01 am ET on Wednesday, September 27th. This allows writers to return to work during the ratification process, but does not affect the membership’s right to make a final determination on contract approval.”

Ref updated 26.09.23: www.wgacontract2023.org/the-campaign/tentative-agreement

11,500 members of the Writers Guild of America West and Writers Guild of America East went on strike on 2 May 2023.  The Writers’ Guild of Great Britain (WGGB) had issued guidance, particularly FAQs for their members. The essential concern of the WGGB was that work should not take place in the UK and/or by UK producers that would have taken place in the WGA jurisdiction but for the WGA strike (so-called “struck work”). The WGGB understandably advises that its members should not pitch to any company that is “struck”.

“WGA jurisdiction” occurs where:
1. The writer’s permanent residence is in the US and their deal is done there;
2. The US resident writer is relocated abroad by a signatory company to work; or
3. The writer is rendering writing services in the US.

The WGA may also claim jurisdiction in certain limited situations if the first writer on an episode/feature film has been contracted under WGA terms (with writing steps remaining on that episode/feature film) or if the project was begun in the US and has been transferred from the US to the UK during the strike.

However, UK work undertaken under Pact/WGGB terms is unaffected by the strike as it is clearly within the UK’s jurisdiction. In other words, if the writer has been engaged under a Pact/WGGB agreement for the UK indie production it is unaffected by the strike.

Additionally, UK production companies or the subsidiaries of streamers /studios that are part of a larger US streamer/studio group are not “struck” companies

UK producers can still pitch new work to the UK subsidiaries of US studios/streamers who are on the struck list provided that the writer on the project is not in the WGA jurisdiction.

However, in certain limited situations, such as those above, the WGA may assert that some of the UK producers / subsidiaries work may still constitute struck work, and on such a project, independent legal advice would be helpful, as interpretations of these situations may differ and the issues can be taken up with the WGGB.

Writer’s Guild’s Guidance on WGA Industrial Action

PACT’s Guidance on SAG-AFTRA and WGA Industrial Action

Providing the actor is engaged on Pact/Equity terms for the UK indie production, even if the same actor is also a SAG member, there should be no issue for the vast majority of Indie productions in the UK.

However, with respect to non-AMPTP, independently-produced content that do come within the scope of the strike, SAG-AFTRA also offers an “Interim Agreement” that would allow such productions to continue working during a strike providing that the producer agrees to abide by the terms that SAG-AFTRA is seeking from the AMPTP.  In which case, the “Interim Agreement” will largely be conformed to the AMPTP agreement on a going-forward basis once the membership ratifies successor agreements with the AMPTP. 

Nevertheless, where US writers and actors are involved. the suspension of production is significantly impacted UK-based productions. According to the British Film Institute, 86% of the £6.27bn spent on productions in the UK last year mostly came from Hollywood studios and streamers. So the US strikes are having an immediate negative effect on the film and TV industry in the UK. AS the UK is the second-biggest global market for film and high-end prestige TV productions outside of the US and Canada (the domestic market).

Equity’s Guidance on SAG-AFTRA Industrial Action

PACT’s Guidance on SAG-AFTRA and WGA Industrial Action

Continuing support for film, high end television and video games and increased support for children’s television and animation television

All five UK audio visual reliefs will move to a refundable expenditure credit model from 1st January 2024:
Film and high end TV (HETV) will be eligible for a credit rate of 34% (only slightly higher than the current regime ending 31 December 2023, for all reliefs which would have been 33.33%). Video games expenditure credit also will have a credit rate of 34%. While Animation and children’s TV get a significant increase to 39%.

Production companies have been given time to adjust with a transition period until 31 March 2027 to provide certainty: Any Film and TV programmes that have not concluded principle photography, and video games in development, on 1 April 2025, will be able to automatically continue to claim the existing tax reliefs until 31 March 2027.

Other key decisions announced in the UK’s Spring Budget also include:

• The £1 million per hour expenditure credit threshold for high end TV will remain unchanged.

• The minimum slot length for high end TV will be reduced to 20 minutes, and applied on an episode-by-episode basis.

• A definition of a documentary will be put into legislation and will be based on guidance currently used by the BFI. Final wording and exclusions to the definition will be published as part of draft legislation in Summer 2023 for comment.

Malcolm from Planispheres has been selected by MIP Markets as a ‘Producer to Watch’ for MIPTV in Cannes in April 2023: www.miptv.com/ The prestigious industry accolade includes a tailored made “producers programme”, private networking events at MIPTV and a complementary MIPTV badge worth €895.

Being chosen as a high potential independent producer working on international co-productions across genres, provides a respected industry showcase, giving maximum visibility to Planisphere’s projects at MIPDRAMA : The annual premium showcase of the most anticipated high-end drama series and MIPDOC: The International Documentary &  Factual Co-Production Market and Screenings, with a new focus in 2023 on unscripted TV. Malcolm as a ‘Producer to Watch” will also be participating in the invite only Co-Production Docs Summit the night before the 60th anniversary MIPTV starts.

MIPTV is tracking to welcome over 6000 international entertainment executives to the Palais des Festivals – cementing its position as the largest international content and co-production market behind October’s MIPCOM CANNES.

Let’s Reset campaign: Putting mental health first with the Film & TV Charity

The new campaign is all about changing the way we work together in the film and TV industry, putting mental health first and seeking long-lasting positive change. The campaign is designed to destigmatise the conversation about mental health and to signpost the support available to those that might need it.

Partners from across the industry have signed up to pledge their commitment to positive action from the top-down, to ensure individuals are made aware of the support that’s available and for everyone in the industry, from freelancers to senior leaders, to bring their own commitments to supporting themselves and others.

Malcolm from Planispheres was invited to sit on one of The Film and TV Charity’s community working groups, pioneering, industry-led movement for better mental health in film, TV and cinema. Malcolm was introduced to the Charity, by the Head of Inclusion and Diversity at PACT, and invited to join a group of experts working together, with The Film and TV Charity, to make meaningful changes and interventions with real impact:

The Let’s Reset campaign is an opportunity to ensure individuals are made aware of the support that’s available and for everyone in the industry, from freelancers to senior leaders, to bring their own commitments to supporting themselves and others.

The Freelancer Wellbeing Hub has been created especially for people freelancing in film and TV

A Wellbeing Resource Directory, sets out ways to support yourself better so you can deal with challenges at work, or you’re looking to support others in your team or on a production.

A new step-by-step guide to provide support and guidance to create a mentally healthy production will launch shortly.

Since 2019, everyone who works in film and TV has faced huge challenges. With the impact of Covid-19 and systemic discrimination highlighted by the Black Lives Matter movement likely to have added pressure and affected your mental health.

For free, confidential support, 24/7, call the Film and TV Charity’s Support Line 0800 054 00 00. 

Find out more about the charity at www.filmtvcharity.org.uk

If you need to speak to the charity directly you can contact the team at info@filmtvcharity.org.uk

For most indie productions in the UK, where you have an actor who is a dual SAG/Equity member, there should be no issue provided that they are on Pact/Equity terms.

With respect to non-AMPTP, independently-produced content, SAG-AFTRA also offer an “Interim Agreement” which allow such productions to continue working during a strike provided that the producer agrees to abide by the terms that SAG-AFTRA is seeking from the AMPTP.  In this case, the “Interim Agreement” will largely be conformed to the AMPTP agreement on a going-forward basis once the membership ratifies successor agreements with the AMPTP. 

Planispheres has signed up to the BFI principles to tackle and prevent bullying, harassment and racism in the screen industries. The principals are supported by all the main industry organisations and the BFI expects all projects that seek to benefit from their public funding, or associate with their industry organisations to put in place robust procedures to deal with breaches.

See: https://www.bfi.org.uk/inclusion-film-industry/bullying-harassment-racism-prevention-screen-industries/set-principles

GENDER EQUALITY CHARTER

Planispheres has signed the EPC Gender Equality Charter:

The producer’s signatory to this charter wish to reaffirm and strengthen their support for equal treatment for those identified as women in the workplace. It is our hope that adhering to this charter will contribute to improving the much-needed gender equity and fair treatment of women in our industry.

It is established by extensive reports, research, and collected data that women in the film industry, the media and film sector, and of course throughout all areas of society, suffer from systemic inequalities, harassment, and discrimination.

As creators of culture, we influence society's hearts and minds and the way people form ideas about the world we live in.

​As European Producers, we believe we need to actively combat this lack of equity.

We understand it is our responsibility to acknowledge this problem and act upon it as follows:

- We will provide this charter to all employees, contributors, and freelancers who engage with our company. The charter is intended for internal and external teams, and we will encourage them to help us apply it fairly to the values that guide our daily work and the content we produce.

- This charter focuses on the place of all individuals identifying as women However, its anti-discriminatory principles extend to other forms of discrimination and harassment, including those based on religion, age, race, sexual orientation, social background, disability and immigration status.

- We are addressing the need to create a more accessible culture including those who have any disability, come from disadvantaged backgrounds or see themselves as part of any other minority such as an LGBTQ collective. We are committed to understand and apply practices that are intersectional, anti-discriminatory, and proactively anti-racist.

- This charter is a first step. We will engage the above-mentioned groups in further feedback to expand and commit in the creation of further actions.

For each of the points below, we will track and share as much data as possible, monitoring and quantifying changes and variations annually.

Sexism and harassment

Our company will not tolerate any sexist behaviour or remarks within its teams, both within its salaried teams and in dealing with its external partners and contributors. Our company will also ensure that any harassment and/or sex ist behaviour is investigated and measures against such behaviours are taken.

Our company agrees to engage in training initiatives that inform our teams about best practices and protocols related to Sexism and Sexual Harassment.

​Our company commits to assert the rights of victims in their employment contracts with an ad hoc clause on harassment that also refers to the values of good conduct advocated by our company.

Our company will create the role of nominated companies or individuals internally and/or externally to which to refer any complaints. These nominated companies and/or individuals will be in direct contact with management and will be committed to providing immediate support to any potential victims.

Equal pay and access to responsibilities

Our company agrees to:

- Compensate all those in an equivalent role ( skills) equally, whatever the gender of the employee.

- Evaluate at least one candidate of each gender for each internal job opening.

- Stimulate and promote internal mobility and the acquisition of new skills for all employees, in line with the company s objectives.

Talent

Our company agrees to:

- Be particularly open to meeting women initiators/project leaders as part of our search for new talent.

- Actively seek parity of artistic and technical teams throughout the production of our works by proposing for each project male and female profiles for technical positions.

- Promote gender parity with regard to the presenters and experts intervening on camera and/or on commentary, by making a particular effort to research and solicit women for these interventions.

Content

We are sensitive to the under representation of subjects dealing with issues specific to the situation of women in the world. As producers we commit to:

- Refraining from conveying gender stereotypes in our productions.

- Systematically question of the sex of the characters in our productions, to ensure a fair proportion of female and male characters.

- Be vigilant about the typology of roles allocated to women in its productions (main roles, power roles, etc.).

To share the EPC charter:

Planispheres has been selected for a subsidised pilot programme to use the ground-breaking largo.ai AI analytics platform developed in Switzerland and Los Angeles. Planispheres was nominated as one of 20 out of 100 competing film and TV companies after a careful evaluation by them together with their supporting organisations.

The AI platform is designed to empower traditional content creation workflow with the artificial intelligence and support producers, distributors, directors, writers, financiers, and actors/actresses in their decision-making process. Analysis covers overview of the project details: financials, characters, crew etc.., dashboard, genre, age suitability, character analysis, comparable film analysis and financial forecasts of the content for pre-production/post-production and distribution phases.

Giving Planispheres access to content analysis and financial forecasts along with character & casting analysis and packaging tools. Which includes provide precise Box Office estimates for most countries in the world. In 2023 they launched a new connect service, to connect projects to investors and financiers. A complete workflow management tool Planispheres can use for our own method of evaluations during the development, production and distribution process using AI analytics.

The British Film Institute has set out a Q&A covering the Brexit implications in 2021 for the screen industries, including the short-term movement of people, haulage and the temporary movement of filming equipment. The Brexit agreement with the EU does not cover services to EU countries, including film and TV production services:

www.bfi.org.uk/strategy-policy/policy-statements/brexit-end-transition-period-uk-eu-trade-cooperation-agreement-answering-questions-from-screen-sectors?

UK has not renewed membership of the Creative Europe MEDIA programme, which launched on 1 January 2021 and lasts until 31 December 2027. It will still be open to the participation of non-EU countries, but the UK has made clear this issue will not be part of the future relationship negotiations with the EU.

The UK Government is yet to announce any specific post-Brexit plans regarding funding for the creative industries. Despite repeated industry calls to guarantee that the same amount of UK money that went into the European programme, is re-invested in the UK creative industries post-Brexit. Ref: http://www.creativeeuropeuk.eu/news/update-creative-europe-and-outcome-eu-referendum (Updated 07.01.21

The Production Restart Scheme extended and latest COVID production guidance:

Production Restart Insurance scheme will provide cover until 30 June 2022.

The British Film Commission (BFC)’s Working Safely During COVID-19 in Film and High-end TV Drama Production guidance was updated on 8th December 2021.
See updated V.11.3 version : Britishfilmcommission.org

The UK Screen Alliance’s Guidance for Safe Working in Post Production & VFX during the Covid 19 Pandemic was updated in early December 2021, to show the changes in restrictions and recommendations as a result of the Omicron variant. They have also updated their advice for clients attending post production & VFX companies.
See both documents: Ukscreenalliance.co.uk

The DCMS has confirmed the most recent V7 amended Government regulations on 7.09.21. Emphasing the guidance for work and travel as the risk from COVID-19 moves into a more dynamic phase. Close contact cohorts (CCC) remain in place for filming and have been updated to protect those that are vulnerable; those who are not fully vaccinated; and because increasingly double vaccinated people are contracting COVID.

The British Film Institute advice continues into 2022, which confirmed that during the previous Covid lockdown in 2021 – some film and television productions continued to be exempt from some the lockdown restrictions, providing the new heath and safety guidance was followed.

In January 2021 Film and TV crew were no longer exempt from coronavirus restrictions related to job travel which means that executives and crew arriving in the UK did have to isolate for 10 days.

The heath and safety protocols were first published in May 2020 to enable productions to restart and providing these industry guidelines are followed, cast and crew are ‘key wokers” able to continue their work.

The BFI set out a Q&A when Cast and crew were legally permitted to leave their local area within the UK for productions. 

Productions could also continue under the restrictions in place for Scotland, Wales and Northern Ireland, however there are differences in support bubbles and exercise, and different review points for each nation. Always check restrictions relevant to your home area.

www.bfi.org.uk

The BFI has also refocused their existing funds for development for new projects and locked boxes for revenues from completed projects.

The Film TV Charity has set out financial guidance for film, TV and cinema professionals during the COVID-19 pandemic:

Filmtvcharity.org.uk/covid-19-help-advice/coronavirus-financial-advice

In 2020 the Film TV Charity delivered more than £5.6m of financial support to more than 3,000 individuals; more than 4,000 people sought assistance from the Film and TV Support Line; and hundreds have benefitted from their online mental health community platform or received counselling.

Their ‘Emergency Relief Fund’ applications closed in 2020 and the charity plans to invite more applications in due course.

Think of a world without creativity, without culture. If there’s anything that unites us all, it’s creativity. No matter who you are, where you are or what you do, we each share the capacity to fantasise, conceptualise and realise. Just imagine a world without innovation, without ideas, without invention?

Malcolm Moore has joined the Creative Industries Federation and more than 400 leading creative figures in urging the UK government to provide urgent financial support for the creative industries. Supporting signatories from across the UK’s creative industires, from leading artists, actors, writers and musicians, to heads of some of the UK’s best-loved creative and cultural organisations.

The Creative Industries Federation, alongside other key organisations within the sector, has published a new report from Oxford Economics, on 17.06.20 showing the projected impact of Covid-19 on the creative industries. The results are devastating: 1 in 5 (406,000) creative jobs could be lost and £1.4 billion a week lost in creative industries revenue. 

The Creative Industries Federation are calling on government for a Cultural Renewal Fund for those who’ve been hit hardest, as well as an avoidance of a cliff-edge on vital schemes such as the Job Retention Scheme and Self Employed Income Support Scheme, which have been a lifeline for many in the creative sector. Creativity must also be placed at the heart of our regeneration.  

Before the pandemic, the creative industries were one of the fastest growing sectors in the UK. Now, they have the potential to power us out of this economic abyss. Not only are they a huge driver of economic growth, they can reboot and reconnect our communities and contribute to positive social and wellbeing outcomes at a time of extreme challenge. The creative industries helped to get us out of the last recession. They can get us out of the coming one. And they can help us build a fairer, kinder country too. Here’s what you can do to help.

The campaign calls on government for urgent funding for the creative industries to help creative organisations and professionals who are facing particularly challenging times. Warning that that government must “act, and act fast” to avoid the UK becoming “a cultural wasteland”. (updated 17.06.20) www.creativeindustriesfederation.com/news/ourworldwithout 

These are straightforward and easy to use as expenditure credits from 1 April 2024. The new Audio-Visual Expenditure Credit will replace the current tax reliefs in place for film, high-end TV, animation and children’s TV productions.

UK film and high-end TV productions will be eligible for a credit rate of 34%, and animation and children’s TV productions will benefit from a 39% rate. The expenditure threshold for high-end TV productions will remain at £1 million per hour, although the minimum slot length will be reduced to 20 minutes.

While the current tax reliefs will close to new productions from 1 April 2025, any Films and TV shows that haven’t completed principal photography as well as video games that haven’t wrapped development by 1 April 2025, can continue to claim the relief under the current regime until 31 March 2027.

• UK Tax relief is available for British qualifying films.

• UK Films must either pass the Cultural Test or qualify as an official co-production.

• The minimum UK spend threshold for qualifying films is set at 25%. In other words, at least 25% of the budget of the film must be spent in the UK to qualify for relief.

•  The qualifying UK expenditure only covers UK elements, so it does not cover non-UK elements paid for in the UK or UK elements paid for outside the UK. In other words, undertaken within the UK only and this does not include expenditure on British talent, crafts and services working overseas. Put another way the official spend is where you film rather than where you spend. So for example, if you build a prop in the UK and ship it to another country to shoot - that expenditure does not count towards the tax credit. There are other European countries where their definition of national expenditure is wider e.g. in Germany under their tax relief system.

• The qualifying expenditure will cover pre-production costs, production costs and post-production costs but not development costs (to comply with European State aid restrictions). However, development costs are eligible for a 100% tax right off under standard accounting principals. 

The tax credit aims to: 

 • subsidise the UK production sector

 • encourage more home-grown culturally British films for audiences

 • allow the production industry to remain as a long-term competitive location for high-budget films which bring investment into the UK

 • maintain our creative & technical skills and expertise including innovation in the development of digital infrastructures.

Pre-qualification provides a level of certainty ahead of production and to be qualified a film will need to get at least 16 points out of 31. 

There are four sections:

 • Cultural contribution: 4 points e.g. does the film contribute to the promotion, development and enhancement of British culture? 

 • Cultural content: 16 points. e.g. is the film set in the UK, are the characters & subject matter British, is it an English language production?

 • Cultural hubs: 3 points. e.g. is the studio or location shooting based in the UK? FX &/or Post P in the UK?

 • Cultural practitioners: 8 points for Director, Writer, Producer, composer, actors, staff & crew from within the European economic area.

The rules weighting for subjective British “cultural content”: The process for pre-qualification (an interim DCMS letter of eligibility) awards points for: 

 • shooting in the UK

 • music recording

 • location or setting

 • producers

 • provides a straight forward pass mark of 50% (i.e. 16 points out of 31 points)

The cultural test determines which ‘British films’ are considered eligible for new tax relief to provide targeted support for drama, animation and documentaries. 

The tax relief only applies to film intended for theatrical release when they are first planned. e.g. The filmmaker's intentions can be ascertained if an international sales agent has been appointed or a UK distributor is on board. 

The BFI Diversity Standards encourage equality of opportunity and address under-representation in the screen industries. BFI funded projects must demonstrate a commitment to inclusion and meet the criteria in at least two of the following four areas: 

 A) on-screen representation, themes and narratives, 

 B) creative leadership & project team, 

 C) industry access & opportunities, and 

 D) audience development.

 To download the Guidelines as a PDF: https://www.bfi.org.uk/supporting-uk-film/diversity-inclusion/bfi-diversity-standards

The benefit of registering is that in addition to paying artists the daily/weekly rate, you only need to pay either an additional 50% or 75% depending on budget, to acquire all media rights worldwide, that would otherwise cost 280% for bigger budgets. There is a holdback period for one year from its first theatric release before you can show it on UK television. But you’re not limited in where or on what other platforms you show your film. If you’ve been unable to get a theatrical release then the period is 15 months from the date of delivery of the finished film to its principal financier.

1. Once your budget has been certified, you must send PACT a copy of the accountant's letter with the top sheet of the budget and a letter from your production company stating that you wish to register the film under the low budget provisions. For films with a budget of less than £250,000, a budget summary is fine. But you still need to identify the financiers of the film, the commencement date of filming, where it was to be filmed, and for how long. You also need to confirm the number of cast roles and that all of the Artists would be contracted under the terms of the Pact Equity Cinema Agreement. Once this information has been passed to PACT it normally takes three to four days for the registration to be agreed.

The reciprocal protection of copyright between the UK and the EU will remain in place under international copyright treaties, to which both the UK and the EU are signatory.

But in January 2020 the UK Government reversed it’s previously announced position to now say that they have no plans to implement the EU Copyright Directive and that any future changes to the UK copyright framework will be considered as part of the usual domestic policy process. 

The new reforms were intended to update the 20-year-old, pre-digital era EU copyright law. The new Digital Singel Market directive was an attempt to force internet companies to be responsible for policing content on their sites and to give a bigger share of profits to content creators for displaying their work.

In 2019 the UK Government had said even with Brexit, the ‘UK will seek to harmonise our copyright laws with Europe’ for “frictionless trade”. At that time Pact’s Deputy CEO, Director of Business Affairs, Max Rumney said parts of the Directive will mean that “producers will find it harder (not easier) to protect their IP and more difficult to clear rights from certain authors and performers.”

However the Federation of European Film Directors (FERA), the Federation of Screenwriters in Europe (FSE) and the Society of Audiovisual Authors (SAA), all welcomed the vote in the EU approving the text: “that establishes a much-needed level playing field for the cultural and creative sectors. It sets out a general principle of proportionate remuneration allowing authors to share in the economic success of their works and strengthening their bargaining power”. 

Directors UK CEO Andrew Chowns said when the final text was agreed “Make no mistake, this is a momentous decision by the European Parliament. This Directive - when passed into UK law - will give directors not only the right to fair and proportionate remuneration but it also equips us with the legal means to defend and protect this right, wherever and by whoever their work is used. The days of unfair buyouts are numbered.” 

Yet other commentators also wonder about unintended consequences for wider online services, not just those operating in music and news as well as smaller platforms. While the directive is aimed at internet giants it may well hurt smaller companies, and lead to a climate of censorship online.

The EU rules ensuring the cross-border portability of online content services within the EU, will cease to apply in the UK at the end of the transition period.

See: UK Government guidance for UK rights holders (updated 05.02.20) 

Qualifying as a British film under one of the UK 's official co-production treaties allows you to access UK tax relief. It also allows you to apply to the BFI Film Fund.

For films with European partners it is suggested these should be made under the official co-production treaties of the "European Convention on Cinematographic Co-Production" to qualify as ‘co-productions’, to also claim the UK film tax relief. This is simply because in practice it is difficult to just rely on the definition of a British Film as set out in Schedule 1 of the Films Act 1985. However, if an international co-production does passes as a British Film, as set out in Schedule 1 of the Films Act 1985, it does not also need to pass the cultural test. 

In June 2021 the UK signed the revised European convention on cinematographic productions which means:

• Bilateral, the minimum finance is now 10% (previously 20%) and the maximum 90% (Previously 80%);

• multilateral, the minimum finance is now 5% (previously 10%) and the maximum
  90% (previously 80%)

The above changes apply only where all countries participating have ratified to the new convention. The revised treaty will continue to be regulated by the 1994 Convention.

The UK’s co-production agreements currently in place are to maximise the cultural and film-making benefits to the UK and its partner countries. These are known as ‘official co-productions’. The UK can also co-produce unofficially with all of these counties as well as co-produce with countries it does not have a treaty with, which involves qualifying as a British Film under the Cultural Test (see above).

Active Treaties:

 • UK/Australia
This 30 year old agreement has been updated in late 2021 to make it 'easier for UK and Australian filmmakers to co-produce film and TV content together' and 'allows UK-Australia co-productions to hire staff from third-party countries more easily.' Co-producers will now be able to make a smaller minimum financial contribution towards their project to qualify.

• UK/Brazil
The most recent new agreement agreed in April 2017. Builds on an agreement signed by PACT and the ABPITV, the trade bodies representing independent producers in the UK and Brazil to foster closer ties.

 • UK/Canada

 • UK/China

 • UK/France

 • UK/India

 • UK/Israel

 • UK/Jamaica

 • UK/Morocco

 • UK/New Zealand

 • UK/Norway

 • UK/Occupied Palestinian Territories

 • UK/South Africa

Screen Australia offers a 40% film tax rebate, known as the ‘Producer Offset’ which is treated as producers equity (whereas the UK film tax rebate is not treated as the UK producers equity). International co-productions are managed in the Co-production-Offset Unit. Writers from outside the co-producing partner countries can contribute to a screenplay as long as they are not a credited writer of the screenplay.

 The total number of points needed for qualifying productions includes an increase in discretionary points for the contribution of creatives e.g. visual effects and sound designers.

The nationality of the source material is taken into account.

Producers can more easily access finance by receiving an early letter of compliance confirming a production meets the co-production guidelines Ref: See www.screenaustralia.gov.au/about-us (updated 20.04.19)

The British broadcasters have all signed up to a standard procedure for submitting programme proposals and from the relevant trade associations. To download the Guidelines as a PDF: https://www.directors.uk.com/campaigns/the-apc-code-of-practice

If you have a script - it can be protected. If you haven’t got that far then you need to find a balance between setting out enough detail to make your idea original without disclosing too much. You can circulate your project/script/proposal with conditions. For example sending it with a letter explaining why it is being sent, that it is “confidential”, or “not for circulation” or “for their eyes only”. It’s always preferable to make contact before circulating your material, rather than sending it unsolicited, and always keep records.

In one sense these have become more common over the last 20 years. You can ask the person you're showing it to sign it, stating your proposal will be treated in confidence, they will not divulge it to a 3rd party without consent, and if the discussions move forward both parties will negotiate in good faith. However, for a first time filmmaker or scriptwriter, many UK industry players simply won’t agree and it can backfire by highlighting that you’re not aware how the industry works in practice. They are more likely to be agreed to if you have a track record.

Each talent role in each medium and genre has its own professional custom and practice and there are cultural differences between Hollywood agents, the UK film industry and how the Europeans make talent deals. One of the benefits is that agents will negotiate terms with prospective employers on behalf of their clients to promote and represent their interests. 

One of the biggest changes in recent years is agencies becoming more involved with packaging, where they pair up one of their actors with one of their filmmakers and then take the project to the studio instead of the other way around.

It is quite hard for first time actors, writers, directors and producers to get a good agent, and the agent will need to get the right match for their agency and for the talent. Which includes how mutually beneficial the relationship can become, especially taking into account the other creative clients the agent represents. 

Malcolm Moore of Planispheres attended an interactive two-day workshop with the veteran agent Tim Corrie and BAFTA , Academy Award-winning film producer David Parfitt and Script and Continuity veteran Angela Allen, in 2019. The practical discussions and case studies focused on the best practice when working with agents in different jurisdictions in the UK, USA and around the world.

Tim Corrie the former BAFTA Chair and PMA Chair started his career at Paramount Pictures and later became a founder of United Agents representing film directors Ridley Scott ‘Alien’, Tony Scott ‘Top Gun’ and Mark Herman ‘The Boy in the Striped Pajamas’. United Agents is now one of the biggest talent agencies in the world.

David Parfitt from Trademark Films provided the producer point of view. Film credits include ‘Henry V’, ‘Peter's Friends’, ‘Much Ado About Nothing’, ‘Mary Shelley's Frankenstein’, ‘The Madness of King George’, ‘The Wings of The Dove’ (both nominated for four Academy Awards), ‘Twelfth Night’, ‘Shakespeare In Love (winner of seven Academy Awards including Best Picture and four BAFTA Awards including Best Film) and ‘Gangs of New York’ (Production Consultant). Sean Gascoine an agent with United Agents was a guest speaker, who is also film and stage actor and represents 21 screenwriters and playwrights, directors and actors of film and television. (updated 20.03.19) 

Angela Allen: Reflections in a Golden Eye 14 films with John Huston including second-unit directing on The African Queen; Angela was only 22 when she worked on John Hustons’ Freud when she held up cheat boards for Monty Clift. On Pandora and The Flying Dutchman, Angela had to get in a swimsuit to body-double for Ava Gardner. Other early roles included the second unit continuity girl on Carol Reed’s The Third Man.

Copyright is a right to prevent unauthorised exploitation. The © owner can allow or prevent others from using your work for some time. There are some exceptions and qualifications but basically, a © owner controls the exploitation of the work. If someone claims your infringing their © or you are unsure, whether you own or have permission to use material - get independent legal advice. 

No, it’s automatic providing you fall into one of the established categories.

You need to be aware of © theft, but there are procedures you can follow to minimise the risk. There are some UK script registration services including BECTU’s. In France, you can register with CNC (Centre Nationnal de la Cinematographie) and in the USA you can register scripts with the Library of Congress.

You should always keep your creative ideas confidential until they are permanently in recorded form. In other words, written down or recorded in some kind of media. This is crucial because your copyright can only be protected if you can prove ownership, and under UK law it has to be in a permanent form.

Get advice and support, rely on the professionals around you. Don’t pretend you know something if you don’t - it’s a highly specialised industry and to excel at any one part you need to acknowledge when you need assistance.

Works in the Public Domain. A potentially difficult area as it includes works which have fallen out of copyright or never been in copyright as well as factual material about actual events (cf a news article which is © in itself). If your proposal subject is in the public domain, and your working in factual programmes, it is especially difficult to demonsrtate has been copied without permission. 

A word of caution. If you haven’t a written record of your project, one area to watch out for is when someone overhears your detailed pitch - if someone overhears it, the story’s probably in the public domain...while you can follow it up, by sending more details in writing before you meet again. It would be better to send it in advance and keep to the conversation to what’s already recorded. If it’s spontaneous meeting - follow it up in writing as soon as you can. Set out; who- what-where-when, to confirm what was discussed.

Drama stories based on living people - do you need their permission?

No not true under current UK law. You might need it for other countries that have privacy legislation. The usual UK defamation and libel laws apply.

 Fair dealing covers limited circumstance when the © owner's permission is not used

 (a) Criticism & review proviso- if there is sufficient acknowledgement. This does not apply to photographs.

 (b) Reporting current events.

 There is also an exception for private study and the rights of use by libraries and public institutions.

The 30-40% rule if you alter a work by 40% then it’s OK?

Not true - is infringed whether the whole or a substantial part is used without permission - and some cases have recognised a relatively small area as being substantial. It’s a question of quality not quantity

Incidental inclusion. There is a provision when artistic works can be used in a film if it’s merely incidental. But before you think this could cover a multitude of uses, remember the producer is usually responsible for what is or isn’t in the programme, So in practice, it would be very difficult to claim it was incidentally included. 

Literary & Dramatic work

The collaborative process is at the heart of our business - it needs to be respected. If writing a project with someone else or your commissioning a group of writers -from the beginning establish what will happen to ownership of the copyright in the work...

Also, need to acknowledge script changes and contributions for the chain of title e.g. Based on an original idea by...

Using an existing work.

There can be an infringement if an existing plot is copied in detail even if there is no direct copying of the text. In other words, making lots of changes does not necessarily circumvent the setting and characters and their situations. Even though there is no copyright in the theme, plot or characters...

Fictional characters, Fanfic - aka fanfiction - Some writers see it as flattery others as a legitimate threat to their economic rights. It is a grey area but the BBC has successfully chased websites to prevent them from publishing it. 

Adaptations. Can be a difficult area because if the underlying work is out of copyright...anyone can adapt it. Again the more detail your adaptation expresses - the more you can claim it’s your work. But it can’t stop others creating their adaptations. You are in a much stronger position and it’s much easier if the underlying work is still in copyright and you option it.

 Musical works

Can contain several separate ©’s in the music itself, the lyrics, the recording rights are separate. This is one of the biggest underestimated costs for low budget filmmakers. The use of music should be negotiated as early as possible- not for profit clearances e.g. just for the festival circuit If your clearing rights or expecting someone else to, sort it out as soon as you can - even if it’s “in-principal clearance.“ Don’t leave it until post-production when knock-on effects can be considerable and expensive. 

Internet and On-line: The normal copyright laws do not apply to the web?

Wrong, the same laws about reproducing apply, the same procedures to clear rights apply and the same rules apply to the ownership of internet material. 

Generally, the fees to clear the rights are the same as other forms of promotion e.g. for photos or clips used on a website. Again talent will require a fixed fee. Archives and library clips also need to be cleared. Again music clearances are a lot more complex.

Ways of dealing with works which do not attract copyright protection

 There are alternative ways of dealing with works which do not attract copyright protection including Formats, Titles, Passing Off Breach of confidence

Formats. e.g. for a game show. You can’t easily © a format partly because they don’t fall into the category of being either original enough, a dramatic work or a literary work. In other words they are not easily protected under our copyright system However there are steps you can take to protect them including contract law similar to franchising deals, trade mark law, and registering the title as a domain name.

Titles. Titles including names and parts of sentences are not protected by copyright because they are considered to be too minimal (known as the de minimis principal). But while you can’t protect tiles with copyright, you can register titles as a ® trademark through a patent agent. You have to show your trading in that specific category and you have to register each individual jurisdiction, and for a particular category which is costly. In the US a feature title would always be checked to see it hasn’t been used and you can contact the Title Registration Bureau at the Motion Picture Association of America MPAA.

Passing Off. Not part of intellectual property law but if the audience thinks it’s your work when it's not, it is another legal way to try to stop someone commercially benefiting from passing it off as their own.

Breach of Confidence. Again not part of copyright law. If you make a verbal pitch to a potential buyer you must make it clear you own the material and that the discussions are strictly confidential.

If someone suggests your idea is similar to another project be very cautious. If you're not willing to collaborate on an agreed and recorded basis it would be better to end the discussion. Otherwise, it’s open to suggest you’ve used those persons ideas for your own.

Each medium and genre has its custom and practice. So if you're only familiar with one, and want to work in another you need to find out what the standard deals are. There is also a separation between production and post-production work. With production, including development and pre-production, a contract is usually used. This covers Writers, Directors, Producers, Designers in costume, production and set, Graphic Artists and Cinematographers. In all these roles contracts are more common, whereas, in post-production, it’s more common to do the job and then invoice.

What protection do Copyright’s Economic rights and Moral rights provide?

Copyright protection covers two types of rights

Economic rights 

These are the rights to exploit your work in the economic sense, to be paid a fee and get secondary payments when the work is reused.

Reproduction right - copying the work

Distribution right - issuing copies to the public

Rental and lending right - to the public

Performing right - performing, showing or playing the work in public

Broadcasting right - broadcasting the work

Cable Programme right - including the work in a cable programme service

Adaptation right - adapting the work

Availability right - to authorise access by the public from a place and time individually chosen by them

Moral Rights 

These are supposed to protect how the work is used.

Moral Rights were introduced to bring the UK into line with the Berne Copyright Convention

Once a work qualifies for © protection in addition to economic rights, the authors of certain works are also granted moral rights. 

The right of paternity or attribution when the work is copied or communicated - the right to be credited

The right of integrity to object to derogatory treatment

The right to object against false attribution

The right of privacy in commissioned photographs

In practice, moral rights are nearly always waived under UK law, although credit will be given as a contractual term. 

Well, a verbal contract is a contract - it’s just very hard to prove what was or was not agreed if it’s not written down. Which is why having a written contract is so important. 

There’s an industry saying attributed to Sam Goldwyn that “a verbal contract's not worth the paper it’s written on”. But this quote is a misreporting of an actual quote praising the trustworthiness of a colleague: " The pioneer American filmmaker and one of early Hollywood’s most prominent producers actually said “His verbal contract is worth more than the paper it's written on". In the industry relationships matter.

Before you start work. Pretty simple but you shouldn't rely on a relationship in the absence of a written agreement.

The Basic Elements of a contract are:

Intention - to create a legally binding agreement

Offer & acceptance - to reach agreement

Consideration - an agreement to do something e.g. payment can be a token £1

Written Contracts. Never sign a contract without understanding what your reading. If your not clear ask. Don’t be fobbed off with legalese. Ask what it means in simple English. 

Of course, © never operates in isolation - it’s usually a contractual issue and the underlying rights should always be transferred in writing to the production company making the film. 

While copyright protection is automatic,

 •assignments and licenses must be in writing.

 •Waivers must be in writing.

 •Moral rights need to be asserted.

Yes, there is a presumption that if the work is done in the course of employment it automatically belongs to the employer. But is not always clear who is or is not an employee - especially when freelancing. For example, if your work is done on a consultancy basis, the © remains with you...

There is a 3 step test 

 1. Was the work made by an employee?

 2. Was it made in the course of employment?

 3. Is there no agreement to the contrary?

Note section 11 (2) CDPA 1988 in the absence of an agreement to the contrary, where a literary, dramatic, musical or artistic work or a film is made in the course of employment, the employer is the first owner of any copyright in the work.

To be able to economically exploit your completed film you will need to be able to prove the 'Chain of Title' so that the rights can be licensed commercially.

All the contracts and copyrights relate to the Chain of Title. 

 - The Chain of Title covers all agreements relating to all the separate copyrights including all the underlying rights in the production.

 - Film and television are defined in the UK Copyright act as a film which covers moving images.

 - Film Directors and Producers are recognised as co-authors in the completed film.

The Layers of protected copyright involved in film production (AKA the underlying rights)

Literary works

 - pre-existing novel

  Dramatic work 

 - script(s)

  Musical works 

 - pre-existing music

 - commissioned music

  Artistic works 

 - set design 

 - costumes

  Performances 

 - actor performances

 - musical performances (in pre-existing music)

 - musical performances (in commissioned music)

  Sound recording

 - of pre-existing music

  Film

 -e.g. special effects