ASK & DISCUSS INDEX

4 years, 6 months ago - John Lubran

We must stay at home and not go out except with good reason. We must work from home unless our work can't be done from home. Film making requires numerous thing's that can't be done from home, including research and much that's required for pre production. Sensible Covid protocols need to be fully planned and viable. When travelling and to avoid being fined or obstructed, one should have with one as much evidence that upholds the actuality that one is working and working within those protocols.

Wales is a lockdown commensurate with tier four in England. Crossing borders without good reason is not allowed. It's all about having a good and demonstrable reason.

4 years, 6 months ago - Alwyne Kennedy

Bear in mind that when John goes out filming, it is likely to be a commercial venture, and could easily be verified as being concomitant with his livelihood. But when most of us here on SP go out filming it is not concomitant with our livelihood, rather it is for, say, a hobby project. Most people on SP who make shorts / docs / films aren't paid to do so, and don't expect to make any money from the project. And they probably don't even work within the film industry (unlike John). So I would assume that going out for the purposes of making a hobby / passion project would not count as essential travel for work purposes.

4 years, 6 months ago - Paddy Robinson-Griffin

I've done two projects during this past year - once when we were in a low-risk time and once overseas.

Right now we're in a VERY high risk period, and those two jobs have made me commit to producing nothing more until vaccination is possible for everyone, and even then with covid precautions.

The first job was in Redditch in a studio and our extra costs for covid precautions were pretty high - you'll see some notes in "discuss" from that period as we were one of the first productions of the year. Those precautions were not even close to what I would be comfortable with right now TBH.

The second job was in the UAE for 6 weeks, private testing every 1-3 days, locked hotel room quarantine periods on arrival, temperature tests every day for 100% of people, no deliveries without sanitation, private point-to-point transfers site to hotels (and not allowed out at all), huge office spacing, door handles and so on with a dedicated roaming cleaning team, dining required cubicles, every precaution, yet we still had multiple positive test emergencies. Each emergency required locking down whole groups of people in hotels for 7-14 days incubation time. It was TOUGH. This shitty disease has killed one of my friends and one colleague (not on this job directly) leaving two young families without fathers.

I really, really do not recommend getting into production right now - I'm up the road from you in Bath and we're one of the least infected areas of the country, but still massively higher than the peak of the first wave. Any insurance you can get will specifically exclude any Covid costs, so you'll have to self-insure any isolation etc costs., and if your movement transmits the disease at all you're potentially on the hook for quite a lot of trouble (and you would hate to cause anyone to get long term health issues or die!). And even if you're all safe, unnecessary travel/groups are just asking for fines if you get caught/reported.

The costs required for "safe" production right now are huge, and you'll need to take significant steps to provide a "safe" working environment. Combined with the inconvenience of not being able to buy costume, dine inside, share spaces, etc., I really suggest just waiting like the rest of the low-mid budget industry until things become easier. We all want to get back to work, but it's really not the time to be doing so. Yes, the whole entertainment industry is in tatters, but if we sit it out we can regroup and recover in some form.

4 years, 6 months ago - John Lubran

Sensible cautions indeed from Alwyne. However much of the emergency Covid legislation is full of unenforceable holes even if it takes a 'proper' Court to clarify. Being an established professional film making entity certainly makes ones Declaration of 'working' easier to establish. It's also easier to establish if one has a good grasp of the fundamental principles of Law. For those that don't, being brow beaten by statutory functionaries of any rank is a hazard.

The definition of 'work' within the scope of the legislation is not at all definitive even if it seems to have been defined by lower authorities.

There's a fundamental principle in English Law (which applies absolutely in Wales and differently but similarly in Scottish Law) that a declaration of truth is the truth unless successfully disproven. Such a declaration need not be bound by any Procedural Instrument or Convention such as an Affidavit, even though such instruments can be helpful; it's a Common Law thing.

Legislators, in the rush to emergency legislate, have provided for the requirement to have a reasonable explanation for doing, or not doing stuff. Police and other low ranking authorities work on the erronious basis that it's their interpretation of what is or is not a reasonable purpose that has force. Only if one accepts it though. The 'proper' courts, especially at the level of courts of precedent (High Court and above) are not so easily manipulated. So if you say that you are working then in Law you are working. When challenged it's up to the prosecutor or complainant to prove your explanation to be false. It's not enough to suggest that because you're not yet earning money at that work then it's not work; provided that you can demonstrate that what you are doing is commensurate with the activity of professional film making.

Being confident and clear ought to be enough provided that what you are doing can't be done at home and all possible Covid safety protocols are also being followed.

Confronting police and any other statutory functionary can be a testing experience for some, so one ought not venture forth in half baked mode or even worse without proper preparation for addressing any cursory challenge.

It seems probable that many who have been prosecuted during the emergency will successfully appeal fines and or prosecutions as a matter of law. Nevertheless why attract the hassle unless it's really is necessary?

4 years, 6 months ago - John Lubran

Thank you Paddy for a very compelling reason for not taking unnecessary chances.

Productions that require the sort of working conditions associated with features or people working in high risk environments are surely beyond any reasonable excuse.

The sort of circumstances where such conditions are an issue don't necessarily include, recconaaisons and factual where close or crowded person to person contact can be easily avoided. Some filming is about the current situation and those doing that work are key workers whether or not so recognised by anyone else.

The sort of production that Paddy describes must surely already be suspended? One would need to have been living under rock to believe otherwise. Meantime there's lots of circumstances where outside production and pre production can be safely conducted. It's those scenarios where work can be done validly and lawfully. It's those cases which I address above.

Reckless disregard for others is not excused by reliance upon any weakness of legislatary propriety.

4 years, 6 months ago - Marlom Tander

Ok, so, from the actors POV, if they a re being paid, then it's work.

Work is allowed.

But, as Paddy has pointed out, that really is beside the point.

I'm involved in a project that HOPES to film April/May (subject to covid) and the planning for precautions is crazy. Bubbles, sub bubbles, live/work together groups.

But it could easily slip back.

It's worth noting that countries that did PROPER lockdowns, basically closed everything. If it wasn't health service for food, it shut.

4 years, 6 months ago - Molly Cowderoy

Hi Vicki, I recommend looking at the British Film Commission's Covid guidance- http://britishfilmcommission.org.uk/guidance/regarding-covid-19-coronavirus/

Director's UK guidance- https://www.directors.uk.com/news/directors-uk-releases-working-under-covid

APA Shooting Guidelines-https://www.a-p-a.net/2020/11/news/revised-covid-19-shooting-guidelines-v1-6/

Production Guild- https://productionguild.com/covid-19-advice/

4 years, 6 months ago - John Lubran

It would be even more useful if the organisations listed actually had anything useful to contribute other than the manifestly obvious. Scanning through them I've not discovered anything useful about the legal implications of film making under Covid or any other legislation other than the manifestly obvious. The advice available from these august institutions appears to me to be astonishingly weak and thin.

One would need to be particularly naive and unworldly to learn much from them.

We're in Circumstance unprecedented in modern times. Lots of new life and death protocols are needed. Especially when pandemic deniers can't be allowed to run amock and risk others.

But this strand is about rules, legislation and laws, all of which are very different, and that's the rub. It's a conundrum that even so many lawyers struggle with. Sadly none of the listed websites are helpful beyond reiterating basic legislation that all but the least sentient will be aware of.

4 years, 6 months ago - Vicki Helyar

Thanks everyone for your comments, very much appreciated.