Business and Legal
1. Code of Practice Overview
2. Our Code of Practice. Standard Terms & Conditions
4. Rights Ownership
5. Using Copyright Material
6. Product Packaging
7. Health & Safety
8. Public liability and professional indemnity
1. Our Code of Practice Overview
The Code of Practice has been designed to aid both Butterfly Films Videography and the general public by outlining certain standards and expectations that should, if met fully, ensure that every commission is carried out to both party’s satisfaction.
2. Our Code of Practice
- Butterfly Films Videography will conduct business in a professional manner and will at no time knowingly indulge in any practice or action likely to bring the company into disrepute.
- Butterfly Films Videography will at all times strive to maintain the highest standards of production.
- Butterfly Films Videography will work within the reasonable terms set by their client, or by any official or body possessing the correct and legal authority to set limitations and restrictions. Furthermore, it is Butterfly Films Videographer’s responsibility to inform the client of any adverse effects on the final production resulting from, and/or caused by imposition of any such limitations or restrictions.
- Butterfly Films Videography undertakes commercial activity in the video and multimedia field to carry adequate Public Liability and Professional Indemnity insurance. Upon request, such policies are to be made available for inspection by the client and/or any organization acting on behalf of the client.
- Butterfly Films Videography will at all times maintain the confidentiality of information either entrusted to them or obtained in pursuance of their work except on the order of a court of law or other appropriate authority.
- Butterfly Films Videography will at all times observe current Health & Safety regulations and have due consideration for the safety and welfare of staff, clients and the general public.
3. Standard Terms & Conditions
- 1) Introduction – A contract is formed between a customer (referred to as the ‘Customer’) and Butterfly Films Videography (referred to as the ‘Company’) when an Order is received from the Customer. An Order may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
- 2) Supply – The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Order and according to the terms and conditions of this contract.
- 3) Rights Reserved – Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Order, the Customer accepts these terms and conditions.
- 4) Restrictions, Environment and Filming – Restrictions imposed by others (church, photographer, guests, reception, etc) and the constraints of the physical environment, safety, weather, poor acoustic conditions or other conditions outside our control can affect the quality and extent of the video coverage possible and Butterfly Films will not be responsible for scenes not included. It is therefore important and the responsibility of the Client to discuss and gain permissions with the venue (Church/Hotel/other) that you are having your wedding filmed they may have filming restrictions that could impact on the quality of your wedding film. Butterfly Films will not video record any event in the rain or other inclement weather such as would damage Butterfly Films equipment. If weather conditions prohibit videotaping the event either in part or in whole and arrangements have not been made to move event indoors, retainer and moneys paid are non refundable. Butterfly Films cannot guarantee video quality in adverse lighting or weather conditions, or in rooms generating a strong colour tinge to the light which may not be satisfactorily correctable during editing. It should be noted that filming in low light situations (e.g. small rooms, candlelight, disco/dance areas, evenings and nights outdoors) may impact on the quality of the image captured by the camera. The client should acknowledge that videography requires reasonable lighting and that production may be compromised due to low or poor light levels. Environmental audio is recorded during certain parts of the day such as the ceremony and speeches. Butterfly Films will take great care that audio is recorded as professional as possible but is not responsible for extraneous sounds such as, but not limited to, air conditioning units, the ringing of mobile phones, passing emergency vehicles, crying children, coughing or sneezing participants.
- 5) Prompting – If the order of the day includes the speeches before the meal then the Company will require a 5 minute set up time once the guests are seated and the bride and groom have been announced into the room – this is to facilitate moving equipment into position and setting up audio recorders we cannot be held responsible for loss of footage due to not being informed of the above.
- 6) Parking – Where any of the venue locations used for the wedding/reception have parking availability, one parking place must be reserved for Butterfly Films. This is to facilitate the moving of equipment into the premises, and allow easy access to spare equipment left in the vehicle. This is particularly important for multi-site weddings. If parking is not available then any parking fees incurred will be added to the cost of the package.
- 7) Payment – The Company shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. The Full Balance as outlined on the invoice must be paid 8 weeks before the date of the wedding ceremony. If the balance is not paid Butterfly Films Limited reserve the right to withhold their services.
- 8) Booking Fee/Cancellation – Monies paid by the Customer to reserve the product(s) or service(s) of the Company will be accepted as a Booking Fee. A Booking Fee of £100 is payable upon booking. The Booking Fee is non-refundable.
- 9) Actual date booked/Cancellation of the product(s) or services(s) – If the Customer cancels the order less than 8-weeks prior to the Company supplying the product(s) or service(s), the Customer will be liable for the whole invoice value less any Booking Fee already paid.
- 10) Upgrading/downgrading product(s) or services(s) – A product or service can be upgraded however monies owed to the company for the upgrade must be paid prior to the Booking Date. A product or service cannot be downgraded unless prior notice is given at least 3 months/90 days prior to the Booking date. If the product or service is cancelled within 3 months/90 days the full balance for the originally booked product/service will be outstanding. Butterfly Films Limited also reserve the right to cancel filming if this outstanding balance previously agreed for the product/service is not paid prior to filming on the date originally booked.
- 11) Completion – of the ‘Highlights’ will normally be produced four to six weeks from the date of the wedding and the fully edited film on Blu-ray/DVD will normally be produced within 90 days/ 3 months from the date of the wedding, however these time frames can be extended due to other on going work commitments such as filming or editing
- 12) Receipt of the Video – Butterfly Films will assume that the client accepts the quality of the finished DVD unless the company is informed to the contrary within 28 days of the DVD being received, no amendments can be made after this time. Failure to acknowledge receipt thereof then only one set of copies will be dispatched with the basic ‘Presentation Case’
- 13) Request to change the edit – The client has chosen Butterfly on the basis of their shooting and editorial style therefore creative and artistic aspects, such as shooting and editing styles are at the discretion of Butterfly Films. Technical errors will be corrected free of charge. Client requested changes of an editorial nature to their video will be charged at an hourly rate of £50. In this instance discs must be returned and replacement discs issues upon completion of changes.
- 14) Music Choice – Any particular music chosen by the client for the edited video has to be supplied ideally before the filming of the event but no later than 4 weeks after. We ask for a minimum of six tracks. Failure to produce a playlist after a reminder to the client being given (either verbal or written) or if no music choice or an inadequate playlist is given Butterfly Films may select the music to be used and a charge will be made for subsequent changes. Any changes to the edited video will be charged at £50 per hour. There is a licence fee payable for the use of commercial music included on DVDs/videos (copyright charges) However, this has been taken into account in the pricing structure and no extra charge will be added for this.
- 15) Discs – All our discs have menus and Chapters any amendment to this would be deemed as extra work and charged appropriately.
- 16) Filming, equipment and content – Every effort will be made to ensure your event is recorded in full on the day. Multiple cameras (where possible) are used to minimise problems caused by equipment failure and these are also used to film certain parts of the event from a different angle. No liability is accepted for failure of performance due to any circumstances beyond our control. In the unlikely event of an equipment failure or a cancellation by Butterfly Films, we will provide a full refund and accept no further liability. If only part of the event has been recorded Butterfly Films will negotiate a proportionate amount of the total cost to be refunded. If the company is unable to complete the engagement for any reason whatsoever we will do our best to find another reputable company to film your wedding through our business contacts. If no such replacement can be found then our total liability is limited to making a refund of all money paid under the agreement.Whilst we will do our best to record all the significant parts of the ceremony and function, including any specific parts you have asked us to record, the contents of the recording shall be at our discretion and subject to conditions on the day. We can give no absolute undertaking to successfully record any particular event or part of the ceremony.
- 17) Health & Safety – The Company and Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
- 18) Abuse/aggression/unacceptable Behaviour /Liable/Deformation – Butterfly films will not tolerate any form of abuse, aggression, unacceptable behaviour, liable and or deformation both on location or via email, telephone, letter, or social media, aimed toward any member of its staff or the company. In the event that this should occur then Butterfly Films reserve the right to withdraw its service forthwith. Similarly Butterfly films reserves the right to take any legal action deemed necessary against any offending parties.
- 19) Creative Brief – Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
- 20) Liability – The Company accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of the Company being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
- 21) Copyright – Unless otherwise stated in the Order, the Company retains copyright in all its Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the product(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and/or edited form as they see fit, unless otherwise agreed in the Order. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
- 22) Data Protection – The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Company supplying the product(s) or service(s) – and that such recording is in compliance with data protection.
- 23) Care and Damage – to Client Property Whilst every care is taken in the handling of the Customer’s property, the Company accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of the Company. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
- 24) Right of Assignment – The Company retains the right to assign the supply of the product(s) or service(s) to the Customer to another suitable company should they be unable to complete these terms and conditions.
- 25) Expenses – The Company retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Customer with proof of expenditure. All out-of- pocket expenses will be charged at cost.
- 26) Confidentiality – Unless otherwise agreed the Company will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by the Company to supply of the product(s) or service(s).
- 27) Basis of Law – These Terms & Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom.
4. Rights Ownership
Copyright in an artistic work (including video programmes, photographs, graphics, music, etc.) belongs to Butterfly Films Videography unless otherwise indicated (i.e. copyrighted music, venues and any other material). The customer will be given permission, unless otherwise stated, to broadcast/publish such material on the internet and/or onto recordable media as long as the name of the company and its related website address are retained. Butterfly Films is commissioned to film your wedding day and in doing so will use only the best clips from the footage recorded – these clips are then processed to present them in the best way for the client. The raw footage therefore is not representative of the finished product, and as such will not be made available for purchase and remains the property of the company.
Raw Footage – Butterfly Films is commissioned to film your wedding day and in doing so will use only the best clips from the footage recorded these clips are then processed to present them in the best way for the client. The raw footage therefore is not representative of the finished product, and as such will not be made available for release or purchase.
4.1 Performance Rights
Whilst Butterfly Films Videography would naturally own the copyright of their work unless contracted otherwise, they may not have the right to exploit the material if it includes the performance of artists, actors or members of the public recorded in their private life. An artist’s, actor’s or contributor’s performance in a video production will be subject to them granting Butterfly Films Videography the right to exploit their performance. Essentially, anyone taking part under direction of Butterfly Films Videography will need to agree their inclusion in the final production. This could be as simple as someone you have asked to walk through a shot – with no speaking part. To ensure that Butterfly Films Videography has the right to exploit the material, anyone that appears under direction in the video should sign a Model Release Form. This is a simple contract which details the production, the artist, their recompense (a contract becomes binding on the exchange of money, goods or services) and the range and term of exploitation the videographer requires. It is also possible to get a verbal release done on tape into the camera, which is just as legally binding. Likewise, if filming on private property, which is featured in the video programme, Butterfly Films Videography should also get a Location Release Form signed by the legal owners of the property.
4.2 Moral Rights and Rights to Privacy
Quite often Butterfly Films Videography will record private functions as part of their business. In the case of a wedding video, the resultant video material would be the copyright property of Butterfly Films Videography unless they have agreed otherwise. However, the wedding couple still have some
protection by virtue of the ‘moral right of privacy’. Whilst the ownership of copyright is clear, the videographer can’t publicly display the wedding (such as showing the material at a wedding exhibition or including it on a showreel or website) without the consent of those who commissioned it. If they did, the couple’s privacy rights would be infringed.
5. Using Copyright Material
Copyright is an international law recognised in the vast majority of countries around the world and any breach is a criminal act and is classified as theft. Copyright can exist in a whole range of works, including music, photographs, graphical or artistic works, films and videos, and designs. Without express permission from the person who owns the copyright, the videographer would be breaking this law if they used or reproduced those works in any form. Likewise, rights exist in performance and similar permissions have to be gained in order to use the performances legally.
5.1 Musical Works
Unless Butterfly Films Videography are using music which has been specifically produced for this purpose (referred to as Copyright Free Music), Butterfly Films Videography will obtain permission from a number of parties. These include the person who wrote the music and lyrics and the record company who published the music, plus the artists performing the works. The copyright in a song exists for 70-years after the death of the composer, but this can be affected by the date that the music was performed and published (which may have been posthumously).
5.2 Royalties & Licences
There are various bodies that collect royalties and offer licences on behalf of rights owners. In the UK these include MCPS (Mechanical Copyright Protection Society) and PPL (Phonographic Performance Ltd) but there will be an equivalent to these in every country which recognises copyright ownership.
MCPS issue licences on behalf of the Composers and Publishers of music and lyrics. PPL issues licences on behalf of the Record Company and Performers.
MCPS and PPL offer blanket licences for videographers producing private function productions (including wedding productions), which do not require the videographer to obtain prior consent from the rights owners. Details of the level of coverage can be found on the Wedding Video Recording License Page. Any other programme types (such as corporate videos, broadcast programmes, internet-based video or certain DVDs for general release) will require the videographer to negotiate a licence either directly with the rights owners or via MCPS and PPL.
5.3 Incidental Recordings
Using music in Videography is not only consigned to dubbing commercial recordings, but can also include the recording of ambient music being played live at an event or being played from a recording. Whilst there are some instances where the recording of music might be considered as ‘incidental’
and therefore not in breach of copyright, in most circumstances the videographer will be in breach of copyright if they do not first obtain permission. To be deemed Incidental, inclusion has to be incidental rather than featured, and at the same time accidentally, carelessly or recklessly recorded.
6. Product Packaging
As Butterfly Films Videography is producing videos for sale to the general public there are certain Regulations Butterfly Films Videography must abide by under the Trade Description laws. Essentially, any descriptions of goods you trade must be accurate and it’s a criminal offence if they’re not. This is particularly relevant to those producing Special Interest Videos (SIVs). These laws apply to both the text and illustrations on your packaging and labelling. Among other things, Butterfly Films Videography will not be misleading about the Content, Programme Duration, Fitness for Purpose and any Endorsements.
Under Consumer Protection law, it’s an offence to give consumers a misleading price indication about goods, services or facilities. The law applies to any way in which the indication of price is given, for example in a written notice or verbally.
6.2 Classification Marks & Censorship
In 1984, Parliament passed the Video Recordings Act. This act stated that, subject to certain exemptions, video recordings offered for sale or hire commercially in the UK must be classified by an authority designated by the Secretary of State. In the UK, classification is carried out by the British Board of Film Classification (BBFC). Similar laws and bodies are in place in other
In most cases SIVs will be exempt from classification. Under the Video Recordings Act 1984, a video is an exempted work if it is designed to inform, educate or instruct; is concerned with sport, religion or music; or is a video game. However, if such a work depicts human sexual activity or gross violence to any significant extent it will need a BBFC classification. However, many SIV producers apply an ‘E’ symbol (which follows a similar design to the official classification marks) to the packaging to signify that it is exempt. The E symbol is not an official symbol and does not have any legal standing. Nor is it a requirement that it should appear on videos, unlike the BBFC classification symbols. Under the Video Recordings Act, the onus is on the distributor to decide whether or not a video work is an exempted work, and distributors have tended to put an E symbol on video packaging as guidance to the public.
7. Health & Safety
There are many potential hazards in video production, including the risks of working with electrical products, the potential for physical injury from falling equipment and the general risks associated with working in public places.
7.1 Health & Safety and the Law
Butterfly Films Videography have a legal responsibility to ensure the safety of themselves, those working alongside them, and anyone who might be at risk as a result of their work.
Butterfly Films Videography can be held to account for their actions or lack of actions under civil or criminal law.
In a civil proceeding, the claimant only has to prove their case on the balance of probabilities.
If the relevant enforcement authority decides that, beyond all reasonable doubt, a breach of Health & Safety legislation has taken place, this could lead to the videographer being punished by sanctions
such as fines or, in extreme cases, imprisonment. Whilst losses from civil actions may be covered by Public Liability Insurance
policies, criminal actions will not be. Any fines will be payable by the guilty party. In addition, in the UK, where criminal prosecutions involves those where a breach of the Health & Safety at Work Act 1974
(HASWA) has taken place, the defendant has to prove their innocence. This is unlike other criminal proceedings where the defendant is innocent until proven guilty.
7.2 Health & Safety Responsibilities
The working relationship between Butterfly Films Videography and their client has some bearing on duty of management of Health & Safety.
Where Butterfly Films Videography is contracted by a business or other organisation, the responsibility to manage the Health & Safety of those involved in the project is shared between Butterfly Films Videography and the client. This means that although responsibility for Risk Assessment rests with
the videographer, the client has a responsibility to request a Risk Assessment (see section 7.3 – Health & Safety Risk Assessments) and check its content and appropriateness for the task in hand. They must also monitor the videographer during the filming to check they are following their Risk
Assessment, working safely and not deliberately cutting corners. Where Butterfly Films Videography is employed by a member of the public on Butterfly Films Videograper’s premises, or in a public place, Butterfly Films Videography will have to manage the entire Health & Safety process. When Butterfly Films Videography is working on private property, such as a place of worship or wedding venue, the person in control of the property will be jointly responsible for managing Health & Safety. In either case, Butterfly Films Videography will always produce an appropriate Risk Assessment and share this with their client and those in control of the premises they are working in.
7.3 Reporting Health & Safety Incidents
A hazard not fully understood or not foreseeable may cause an accident. Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 is the specific regulation explaining the legal duties for reporting accidents and dangerous occurrences in places where work is being
carried out. In the UK, the duty for reporting accidents/incidents under RIDDOR rests with the ‘responsible person’. In general the responsible person is the person who is in ‘control’ of the premises or location where the accident took place. This could be your client, a church minister/priest/vicar, hotel manager or even the videographer themselves. You should never assume that someone else has reported an accident. You should discuss this with whoever you believe is in control of the premises and agree with them regarding reporting. Where you report these incidents to will vary from country to country. In the UK, there are two enforcement authorities to choose from depending upon the type of premises where the accident took place. Any accidents/incidents taking place in Retail, Office, Hotels, Restaurants, Sports & Leisure Facilities, Places of Worship and Consumer Services properties should be reported to the Local Authority Environmental Health Department. Accidents/incidents taking place anywhere else should be reported to the Health & Safety Executive central accident/incident centre. In either case, accidents must be reported to the relevant body within 10-days of the incident. The method of reporting (either by telephone, in writing or both) will depend on the nature of the incident and the injury sustained. Further guidance on the requirements of RIDDOR is available via the Health & Safety Executive (www.hse.gov.uk/riddor).
7.4 Portable Appliance Testing (PAT)
As part of their day-to-day activities, Butterfly Films will work with portable electric appliances and as such must have these appliances tested at suitable intervals. Not only is this is a regulatory requirement, but some property managers will demand proof of appliance testing prior to allowing the videographer to connect their appliances to the property’s mains supply. As an additional measure, using an in-line Residual Current Device (RCD) or Residual Current Circuit Breaker (RCCB) will help mitigate the harm caused by electric shocks. These devices disconnect a circuit whenever they detect that the electric current is not balanced between the phase (‘hot’) conductor and the neutral conductor. Such an imbalance is sometimes caused by current leakage through the body of a person who is grounded and accidentally touching the energized part of the circuit.
7.5 General Heath & Safety Advice
To summarise, and give further guidance, Butterfly Films Videography will:
- Have a basic understanding of the local legal system
- Understand the customer/videographer control of contractors relationship
- Have a Public Liability Insurance policy
- Have the skills necessary to undertake a suitable and sufficient Risk Assessment
- Know which accidents/incidents are required to be reported
- Know who has responsibility for reporting accidents/incidents
- Know which enforcement agency to choose when reporting accidents/incidents
- Understand the steps required to manage the potential hazard inherent in mains powered portable equipment.
8. Public liability and professional indemnity
Peter Hine of Butterfly Films Videography is covered in respect of Public Liability with a limit of indemnity of £1,000,000,00 on a worldwide basis. Peter Hine of Butterfly Films Videography is covered by Professional Indemnity Insurance with a level of cover of £50,000.00 any one claim and in the aggregate including defence costs A certificate of these policies are available to clients and venues on request.