Introduction
Firstly, before you start filming any television show or film it is important to identify all the legal considerations to protect yourself from legal liability. If you have been on any film set, you will know that there are a lot of moving parts and personnel involved on set. I wont list all of the parties involved in a film set but I think it is important for all film and television makers to know and understand the legal considerations of a production.
The Script
If you talk to any entertainment lawyer in South Africa, they will most likely tell you to ensure that you protect your script before pitching it to anyone. This can be done by getting people to sign non-disclosure agreements before presenting the same. Sounds simple right? Wrong, in the South African entertainment industry you seldomly find television networks, channels or production companies that are willing to sign non-disclosure before listening to a pitch. Now you are probably wondering how you can protect your script before you disclose it. If you have concerns of your pitch/or script being disclosed by people you are pitching to, it is of the upmost importance to find a creative lawyer who can find ways to protect your pitch/or script without having to get people to sign non-disclosures.
Paperwork
In any film/television production there are usually five main elements that have to be considered, namely; - the crew/staff; funding; equipment; the platform/broadcaster and the script. All these elements come with their own legal obligations and considerations. The aim for most independent producers is to get their script commissioned by a broadcaster. To commission is to charge someone with a task, giving them the authority do to do something in an official way. Generally, when you pitch to a channel or a network you are requesting that they not only give you authority to broadcast your content on their platform, but also to fund your project. However, broadcasters do license or commission fully funded content depending on the rights that you are willing to sell or retain.
It is important to note that all broadcasters in South Africa have to adhere to the Regulations on the Commissioning of Independently Produced South African Programming. Before you (a film maker) pitch any solicited or unsolicited script to a broadcaster, it is imperative that you know their commissioning protocol (which all licensed broadcasters have) so you can adhere to the same.
Secondly, you need to have an idea of the rights that you are willing to forfeit before engaging with a broadcaster, are you willing to sell all your rights to the show and just cash out, do you want to see the whole process through and be credited for the same, or are you willing to fund the entire production and enter into an option agreement with the broadcaster in which they may use your content for a certain period.
The third thing to consider is the agreements that you need to have with the five elements that I have previously mentioned. Each crew member or staff will need to enter into some sort of agreement which defines their rights and obligations this will include the cast. Agreements need to be entered into when it comes to the equipment used, these agreements tend to have leasing obligations and even insurance considerations. A written understanding needs to be in place with the funder of the program. Furthermore, an agreement needs to be entered into between the production company and the broadcaster.
Broadcasters generally do not like entering into numerous agreements for one program, therefore, the production company will have to ensure that all the moving pieces and agreements are in place. In other words, everyone contracts with the production company and the production company contracts with the broadcaster.
Conclusion
As stated, many times before, Njozela Legal is not a law firm, our goal is to make your company more efficient whilst protecting you from legal risk. A lot of money can be made from film or television broadcasts however, most independent film makers do not have the financial resources to take on large corporates when their rights are infringed. Television networks are notoriously known for bullying independent film makers, it is important to have a lawyer to assist you with your dealings throughout the production. Hiring a lawyer when disputes arise can be costly, however, hiring a lawyer to mitigate legal risk before disputes ensue is not only more affordable but can ensure that you get paid what you are worth.
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