Hi all, I originally posted this thread on the London forums as they have the most members but if any legal eagles or those of you who are planning to show the new film at various venues can provide me with a definitive answer, it would be appreciated. If what I've quoted below is correct then we have a serious problem with showing the new film.
Wales calling London - For Help!!!
Hi folks, my name is Vivak, I'm a member of the Cardiff chapter. i have a query to make regarding showing Z3:Moving Forward publicly. i have a meeting with the manager of a venue on Monday 15th Nov and in my discussion with him on the phone he asked me about what the legal situation is with regards to showing films that are unrated by the BBFC. I explained to him that the film is under the creative commons license so with regards to "copyright" issues they are not going to get sued by the film makers or distributors for showing the film. My understanding (which could be completely wrong) is that the venue requires a license with relevant conditions with what they can do and that falls under the remit of the council. But as I've been investigating further on the net I'm coming across all sorts of conflicting info(no surprise there) One the things I've read is on the facebook group - Rage against the BBFC - here is a quote from the site -
"In the USA, Norway and Germany‚ 'unrated’ films can be sold to 18+ adults. In Denmark‚ 'unrated' films may be sold to people aged fifteen and over, whilst in Sweden the government is looking to introduce a similar measure.
In the UK, in order to sell a film to a member of the public it must first be submitted to the BBFC, who charge a fee, a fee which can run to thousands of pounds.
The introduction of an 'Unrated 18' Certificate would allow independent film makers, who often have little to no budget at all, but who today have the technological means to make films themselves, to voluntary offer their film into the public market under a blanket 18 certificate, regardless of content.
Such a relatively simple reform would be the largest and most significant step that could be taken in support of British film culture.
The BBFC would still be able to do its job, and the UK would come in line with other countries which successfully value and use a Voluntary 'Unrated 18' Certificate."
Frankly I'm confused - we intend to charge £3 per admission, so if we are selling a film to the public, does it have to rated by the BBFC first?
We obviously don't wish to break any laws, but if the above is true then how the hell are we going to get this film shown publicly without getting the film rated?
I can't see how we can get the film rated in time for the premiere - this could be a real kick in the googlies if this the case. Especially as the UK is hosting Z Day next year. We may have to speak to the global co-ords to look at running it through the BBFC asap.
I'd like to get a definitive answer on this before I meet the manager of the venue and can be prepared for any questions regarding this issue. Anyone in your group who are arranging public showings, have come across this problem? If so, any advice? Or am I just fretting over nothing?
Thanks all,
Vivak
Hi Vivak - how did you get on? I'm sorry to see no replies to this thread -- here is what I have done in Suffolk:
We've approached an independent venue who have made up their own film classification of Moving Forward based on what it may discuss according to the 5 minute trailer online. Most venues (independent ones only) are quite flexible from what I understand with this. If this particular venue is being awkward, you may just have to look some where else. As long as you show them the legal contract which you have to get from Sharleen who is organising the screenings globally via this site [please fill in this form and she will send you the contract that you sign]: www.zeitgeistmovingforward.com/form then you shouldn't have problems providing that the venue itself are happy just to declare a classification based on the trailer..
It's a difficult situation I know - we're quite lucky as the owner of our venue is very flexible and has been great from the very start when we first contacted him. In short - if this venue you're speaking to is quoting BBFC legal jargon, and are not going to cooperate by rating the film themselves based on the trailer, then leave and go some where else with the film.
Hope this helps.
I also got this email from another ZM member who is doing a screening in the UK (he's researched the regulations more than I have):
The full details of exemption rules can be found here:
http://www.bbfc.co.uk/customers/video/exemption
My conclusion is that we are all good to go for the following reasons:
Under the Video Recordings Act 1984, ZMF qualifies as a "Video Work" (not a "Film") because it meets these following criteria:
1: it is produced electronically by the use of information contained on any disc, magnetic tape or any other device capable of storing data electronically; and
2: it is shown as a moving picture (with or without sound).
As a "Video Work", distributors and suppliers are permitted to self-classify the material as exempt if it falls into one of three categories, the relevant category for ZMF is this:
- works which, taken as a whole, are designed to inform, educate or instruct;
When taken as a whole, some documentary movies could be considered to have been designed for entertainment as well as for information/education, so some judgment is required and so long as we judge the purpose of ZMF to be informational, we can treat it as exempt. However, if the movie contains to any significant extent any of the following, we cannot self-classify it as exempt:
- the use of force or restraint in association with sexual activity;
- mutilation, torture, or gross violence towards humans or animals;
- techniques that could be used to perform criminal offences;
- any material that is likely to encourage any of the above;
- human sex;
- human nudity;
Therefore (so as long as there's not a significant amount of any of the above) my interpretation is that we can self-classify ZMF as an "Exempt Video Work" and supply and distribute it to the public (i.e. screen it) without needing a classification from the BBFC.
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