Terms and conditions for filming at the British Museum
The following terms and conditions govern the permission given
by the British Museum Great Court Limited (registered number
4098945) of Great Russell Street London WC1B 3DG (“we” , “us” or
“ourselves”) to any individual or company permitted to undertake
filming at the British Museum (“you”).
We warrant that we are wholly owned by the Trustees of the
British Museum and that we have their authority to give you
permission to undertake filming, to impose these terms and
conditions and to charge and receive the facility fee.
1. Definitions
In these terms and conditions, references
to:
(a) “Crew” “Film” “Filming Period”
“Objects” “Locations” and “Facility Fee” shall have the meaning of
those expressions provided in your Application for Permission to
Film at the British Museum
(b) "filming" shall include
• preparing any Location for filming and subsequently
restoring it to its present state.
• the filming of the Objects and other contents normally held
in that Location except where those contents are expressly excluded
by us at our sole discretion.
• Interviewing or recording presentations by our Experts
(c) "Territory" means the
world.
(d) “Permitted Media” means (i) all
forms of television whether now known or later developed, including
without limitation all manner of delivery of video signals
originating from a location outside the premises in which such
terminal is situated to television terminals via an over-the-air
analogue terrestrial television broadcast signal and/or a
digital transmission, including without limitation a signal or
transmission delivered via one or more of the following: satellite,
broadband, cable, SMATV, microwave, MMDS or digital terrestrial
television; and(ii) the Internet.
(e) the singular shall include references to
the plural and the masculine shall include references to the
feminine and vice versa.
(f) where the context admits
references to “we”, “us” “ourselves” or “our” include references to
any authorised representative of the Trustees of the British
Museum
2. Permission to film
Strictly subject to:
(a) Your warranty, undertaking and
agreement deemed given by the acceptance of these terms of
conditions that: the representations made by you in your
Application for Permission to Film at the British Museum (including
the further information and approvals required pursuant to these
terms and conditions) are true and accurate; and that (where
appropriate) you have the authority of your employer to make
the Application for Permission to Film at the British Museum and to
accept these terms and conditions;
(b) Payment by you of the Facility Fee
(together with any applicable Value Added Tax or other government
or international tax, levy or duty chargeable thereon which you
shall be liable to pay as an additional amount at the rate and in
the manner from time to time prescribed by law); and
(c) Your discharge in full of each and
every obligation hereunder;
We will grant you and your Crew non exclusive permission during the
Filming Period to enter upon and use the Locations solely for the
purpose of filming and producing the Film subject to the following
terms and conditions.
3. Location Management
You shall:
(a) not use the Location for any
purpose other than filming and you acknowledge that the Location
has not been designed or adapted for such purpose. You accept
that no warranty is given by us that the Location is safe,
appropriate or fit for the purpose of filming and you agree to make
your own investigations of the safety and adequacy of the Location
for filming and to comply with your responsibilities under these
terms and conditions without damage or injury to public visitors to
the British Museum, any of the Crew or to any of our employees,
agents or contractors;
(b) take reasonable care to ensure the
proper and careful use of the Location and that you do not: (i)
interfere with the normal use of the British Museum; or (ii) cause
nuisance, damage, annoyance or disturbance to such use;
(c) not damage, interfere with,
change, add to or alter the Location and/or the contents
thereof without our prior approval (which, if granted,
shall be subject to your restoration to our satisfaction of
the Location or, at our discretion, to you meeting the full
cost of restoration by us);
(d) notify us immediately of any damage you
cause to the Location or the contents thereof and make immediate
good to our satisfaction or, at our option, pay the full cost of
making good or full compensation for any loss or damage to any part
of the Location, or to the contents thereof, arising out of such
damage;
(e) comply (at you own cost) with any
directions you are given by us (including, without limitation,
directions as to the induction of the Crew, access, the positioning
of barriers, deliveries, parking, the movement and searching of
vehicles and routing of power leads) to prevent injury or damage
being caused to the Location, any part of the British Museum, its
collection or the visiting public. You accept that we retain
ultimate control of access and security before, during and after
the Filming Period and reserve the right to refuse to allow anyone
or anything to enter or remain on-site at the British Museum if we
consider there to be a risk to people or property and to stop and
search any person entering or leaving or otherwise using the
British Museum.
(f) seek our express prior approval for any
equipment that will be bought to the Location which shall (where
applicable) comply with the Electricity at Work Regulations 1989,
the Electrical Equipment (Safety) Regulations 1994 and meet all
minimum safety standards required by law (and you shall notify us
of any health and safety hazards which may arise in connection with
the use of the Equipment in the Location or its carriage across our
premises and you shall inform all persons engaged in the
performance of any duty in connection therewith of all such hazards
and shall instruct such persons in connection with any necessary
associated safety measures)
(g) seek our express prior approval for any
special effects that you propose to use, all proposed
arrangements for power supply and electrical installations
(including lighting and sound systems) your requirements (if any)
regarding the supply of power, lighting, water and any security
arrangements or other facilities you propose for the Location or
for the benefit and convenience of the Crew (and save and unless
expressly agreed we shall not provide any heating or lighting for
the filming, any water supply, WCs or any other
facilities for you or the Crew);
(h) provide full details of and seek
our prior confirmation of the security clearance for all members of
the Crew. Such details shall include information as to which of the
Crew will be present on each day of the Filming Period. You accept
that we reserve the right and unfettered discretion either to
refuse access to the Location to any member of the Crew who has not
been security cleared by us or to charge you the additional cost of
providing a security officer to accompany members of the Crew
who enter upon the Location without security clearance;
(i) seek our prior consent for the types and
registration numbers of all vehicles, trailers and plant directly
connected with and to be in attendance at the filming and for the
proposed siting of any mobile facilities including (without
limitation) any caravans, trailers or generators being bought to
the Location (or other part of the premises of the British
Museum);
(j) provide written evidence
(including full details of any special factors or associated risks
or any other special or unusual activities in relation to the
filming) and seek our prior agreement to your method statement and
risk assessment under the Management of Health and Safety at Work
Regulations 1999 and all other relevant health and safety
requirements whether contained in statute, secondary legislation,
by-laws or applicable codes of practice. You further agree to
provide, at your own cost, any equipment required by us or by any
other authority for health and safety reasons (e.g. an additional
fire extinguisher) unless we have agreed in writing to provide
it;
(k) remove from the Location before the end
of the Filming Period all equipment used for the filming
(including, without limitation, generators, temporary structures
and mobile facilities) not supplied by us and all litter or
waste resulting from the filming. You accept that if these
responsibilities are not completed to our satisfaction we may
remove such equipment, litter and waste and charge all costs
and expenses incurred in so doing to you and that such costs
and expenses shall be payable on demand.
(l) procure that all Crew carry (or
wear upon their person) valid identification at all times
while at the Location and produce it on request,
(m) ensure that Crew do not without our
prior approval consume food or drink in any part of the
Location
(n) ensure that Crew do not smoke in any
public or work area of the Location, any internal part of our
premises or any non designated external area of the same,
(o) Ensure that no member of the Crew
handles any Object;
(p) not attempt any repairs,
restoration, reinstatement, cleaning or clearing up (whether as
required under these terms and conditions or otherwise) without our
prior written consent. You accept that we reserve the right
to undertake any such repairs, reinstatements or restorations
ourselves and pass all costs incurred on to you, including
(if necessary in our sole discretion) the cost of specialist
craftspeople or consultants.
(q) ensure that all light
sources you use to film Objects are fitted with UV light filters to
reduce the UV content of light to below 50 microwatts per
lumen; that the light level measured on the surface of the Object
does not exceed 1000 lux; that Objects made from or including in
the structure any vegetable matter or animal product (such as
paper, papyrus, textile, wood, bone, ivory, fur, feather, leather,
pigment, dye, resins) or semi precious stones are not lit for
longer than 15 minutes during filming; that shiny Objects are not
sprayed with anti-reflection preparations; and that all lights are
positioned at least one metre away from Objects filmed.
(r) (save in the event of an
emergency) not interfere with fire prevention and fire protection
equipment in any part of our premises (including without limitation
smoke alarms and sprinklers) and you shall take all reasonable
measures not to cause any unwarranted activation of our fire
alarm.
4. The Film
(a) Subject to your compliance to our
satisfaction with each and every term and condition herein we
irrevocably agree that you shall have the rights to (i) use, edit
and incorporate the filming (or any part of thereof) into the final
version of the Film either as a sequence on its own or proceeded
interlaced or followed by such scenes as you may determine and
to broadcast and repeatedly broadcast the same within the
Territory on Permitted Media; and (ii) use and publish in respect
of the Trustees of the British Museum or any Expert concerned in
the making of the Film, their legal or professional names,
photographs and likenesses in connection with the promotion and
advertising of the Film.
(b) You accept and agree that any use of
material howsoever derived in any format from the filming not
expressly authorised by clause 4(a) above shall be subject to our
further editorial consent (which may be subject to terms as to
additional payment);
(c) You shall take all reasonable and
proper steps to ensure that you do nothing that may bring us into
disrepute nor shall you do anything to prejudice or damage our
logo, marks, brand or reputation and you agree that we shall have
the right at our election on reasonable notice to review the
final cut of the Film for factual accuracy and to require
reasonable changes thereto.
(d) At the beginning or at the end of
the edited Film we must be credited as follows "[name of our expert
(if any) and] the British Museum" {“with thanks the British
Museum”}
(e) You agree at our election to
supply us without charge with two digital copies and a
master digibeta clone plus two DVDs of all “rushes” and the
finished Film together with the free and irrevocable right within
the premises of the British Museum and for the full legal term of
copyright (including any extensions revivals or renewals thereof)
to use, edit, reproduce and present the same to the public for our
own purposes absolutely;
(f) you shall be wholly responsible for any
model releases, copyright licences or other permissions that may be
necessary to permit any individuals or other subject matter to be
filmed and/or used in the Film (copies of which must be provided to
and approved by us on demand) and you must comply with any
conditions imposed by any release, licence or permission that has
been obtained for these purposes;
(g) We acknowledge that where the Film is
broadcast by satellite for reception in the Territory, such
broadcasts may be capable of reception outside the Territory due to
the inherent capability of satellites to beam down signals which
are not confined to territorial boundaries ("Overspill"). We
further acknowledge that the rights herein granted to you include
but are not limited to the right to broadcast the Film by satellite
which may cause Overspill. Notwithstanding such Overspill, we
agree that the occurrence of Overspill shall not constitute a
breach of this permission provided that you shall have encrypted
and not knowingly authorised reception.
(h) No part of any film containing our
premises, Locations, Objects, Experts or any other of our staff and
property may be distorted, manipulated, used within other
programmes, re-used, lent or sold under any circumstances without
our permission in writing and
(i) For the avoidance of doubt this
permission to film does not grant or imply any right to investigate
or enquire into (whether on film or otherwise) the private lives of
any of our Experts or other members of our staff and you hereby
agree not to pursue such enquiry or investigation without the prior
approval in writing of both the individual affected and
ourselves.
5. Insurance
You shall:
(a) provide, before the start of the
Filming Period and to our satisfaction evidence that you have, at
your own expense, taken out sufficient insurance policies to cover
your liabilities under these terms and conditions and you undertake
and agree to maintain such insurance policies in full force and
effect for as long as liabilities may arise under the permission
granted by us;
(b) pay any additional insurance premium as
required by the insurers referred to in (a) above in connection
with the filming;
(c) at our election procure that our
interest is noted on such insurance policies and that such policies
stipulate any special insurance conditions that we require you to
satisfy;
(d) prior to the Filming Period provide
evidence to us that such policies are in place together with
evidence (if required) of the payment of such additional
premium.
(e) (if you fail to comply with the
obligations set out above) pay to us on demand the full cost of
such insurance as we may arrange at your expense.
6. VAT Invoice
If requested we will send you an invoice
containing all the information required in a tax invoice for VAT
purposes and (unless otherwise agreed in writing) we shall be paid
within 30 days of receipt by you of a properly payable invoice.
7. Third party rights
(a) Save as below provided a person who is
not a party to the permission hereby granted has not right under
the Contracts (Rights of Third Parties) Act 1999 to rely upon or
enforce any term of these terms and conditions.
(b) The Trustees of the British Museum
shall be entitled to enforce the benefit ofyour obligations and
responsibilities hereunder against you.
8. Entire Agreement
Save that nothing herein shall be deemed to
exclude or limit liability for fraudulent misrepresentation, these
terms and conditions and your application for permission to film at
the British Museum contain the entire agreement between the parties
with respect to the subject matter of the permission granted to you
and supersede all previous agreements and understandings between us
with respect thereto, and may not be modified except by an
instrument in writing signed by the duly authorised representatives
of the parties.
9. Waiver
Failure or neglect by us to enforce at any
time any of these terms and conditions shall not be construed nor
shall it be deemed to be a waiver of our rights hereunder nor
in any way affect the validity of the whole or any part hereof nor
prejudice our rights to take subsequent action.
10. Severability
In the event that any of these terms and
conditions shall be determined invalid, unlawful or unenforceable
to any extent, such term or condition shall be severed from the
remaining terms and conditions which shall continue to be valid to
the fullest extent permitted by law.
11. Notices
(a) Any notice, invoice or other document to
be given hereunder shall be delivered or sent by first class
registered post or facsimile transmission to us c/o the Head
of Communications, British Museum Great Court Limited, Great
Russell Street London WC1B 3DG;
(b) Any notice, invoice or other
document to be given hereunder shall be delivered or sent by first
class registered post or facsimile transmission to you at
your address appearing in your application for permission to
film at the British Museum or to such other address as you shall
notify to us in writing
(c) Any notice, invoice or other
document shall be deemed to have been served, if delivered at the
time of delivery, if posted 48 hours after having been put in the
post, or if sent by facsimile transmission 12 hours after having
been despatched provided a copy of the same is sent by first class
registered post together with a copy of the successful transmission
report.
12. Force Majeure
(a) You accept that we shall not be liable
to you in respect of anything which, apart from this provision, may
constitute a breach of these terms and conditions arising by reason
of force majeure, namely, circumstances beyond our control (which
shall include, but shall not be limited to, fire, flood, sabotage,
embargo, strike or lock-out, riot, war, terrorism or acts of local
government and parliamentary authority).
(b) We agree to give you notice
forthwith upon becoming aware of an event of force majeure giving
details of the nature and extent of the circumstances in question
and the length of time for which it is expected that such
circumstances shall subsist.
13. Cancellation
(a) Upon receipt of our signed acceptance of
your application for permission to film at the British Museum you
may terminate this Agreement without liability at any time on
notice in writing received by us in accordance with clause 11 not
less than 48 hours before the hour at which Filming is permitted to
commence.
(b) You agree that in the event you decide
to terminate this Agreement less than 48 hours before the hour
at which Filming is permitted to commence you shall pay to us on
demand our administrative costs thrown away amounting to £300 or
50% of the total fee payable had the Filming proceeded as permitted
(whichever sum shall be the lesser amount).
14. Freedom of Information
(a) You acknowledge that we are subject to
the requirements of the Freedom of Information Act and the
Environmental Information Regulations and you shall assist and
cooperate with us to enable us to comply with information
disclosure requirements and provide all necessary assistance as
reasonably requested by us to enable us to respond to a request for
information within the time for compliance set out in section 10 of
the Freedom of Information Act.
(b) We shall be responsible for determining
in our absolute discretion whether information is exempt from
disclosure under the Freedom of Information Act and the
Environmental Information Regulations and the extent of information
to be disclosed in response to a request for information.
(c) You acknowledge that we may,
acting in accordance with the Department of Constitutional Affairs’
Code of Practice on the Discharge of Functions of Public
Authorities under Part I of the Freedom of Information Act, be
obliged to disclose Information:
• without consulting with you, or
• following consultation with you and having taken your views
into account.
(d) You acknowledge that any lists or
schedules provided by you outlining confidential information are of
indicative value only and that we may nevertheless be obliged to
disclose that information.
15. Law
You agree that the permission granted to you
subject to these terms and conditions shall be governed by and
interpreted in accordance with English law, and you agree to submit
to the exclusive jurisdiction of the English courts.
Summary of the main provisions
(Not part of the Terms and Conditions)
• You must satisfy yourself that our premises are fit and
safe for your purpose and carry insurance to cover your liabilities
during the filming period;
• You must satisfy yourself that you have the intellectual
property and other licenses and permissions you require for your
purposes. Your right to film in the Museum and to use the material
you derive from filming will be limited to the purposes you
describe in your application;
• You must not interfere with the normal use of the
Museum;
• You must not change our premises in any way without our
consent and you will be required to clear all your equipment and
litter from the premises and fully restore them after filming or
meet our costs in doing so. We will supervise any changes or
restoration permitted or required;
• You must notify us immediately of any damage you cause
and meet our costs in making good;
• You must comply with our directions for the paramount
safety of visitors, museum staff, our collections and premises. We
will direct you as to where you may smoke and consume food and
supervise strictly the filming of any object in the collections.
The handling of objects is prohibited;
• You must seek our prior approval to bring equipment on
site, for all power and other supplies and any other needs
(such as access to WCs);
• You must supply in advance full details of the identities
of members of your film crew and their consent for us to make
security checks. Members of your crew who have not been
security cleared may be refused access;
• You must seek our prior approval for all vehicles,
caravans, trailers and plant that you intend to bring and park on
site;
• You must seek our prior approval of your method statement
and risk assessment under the Management of Health and Safety at
work regulations 1999;
• You must ensure that all light sources you use are fitted
with UV light filters to reduce the UV content of light to below 50
microwatts per lumen and that the light level measured on the
surface of any object does not exceed 1000 lux. We will
require that Objects made from or including in the structure any
vegetable matter or animal product (such as paper, papyrus,
textile, wood, bone, ivory, fur, feather, leather, pigment, dye,
resins) or semi precious stones are not lit for longer than 15
minutes during filming; that shiny Objects are not sprayed with
anti-reflection preparations; and that all lights are positioned at
least one metre away from Objects filmed;
• You should please take particular care not to interfere
with our fire detection/ prevention systems or to cause any
unwarranted sounding of our fire alarm. We lose about £20,000 every
time our alarm is sounded and our premises are evacuated, and you
may be liable for our loss if our premises are unnecessarily
evacuated because of any negligent or reckless action on the part
of your film crew.
• You agree at our request to supply us without charge with
2 DVDs of the completed project. In some cases we will also require
digital clones of the master and rushes.
• We must be credited in the Film "[name of our Expert (if
any) and] the British Museum"
• If you cancel less than 48 hours before filming is due to
commence you will still be liable for an administrative fee of £300
or 50% of the total fee that you otherwise have paid
(whichever is the lesser sum). In cancelling you will need to take
into account the notice periods in clause 11.
• No part of any film containing British Museum locations,
staff and items may be distorted, manipulated, used within
other programmes, re-used, lent or sold under any circumstances
without permission from a representative of the British Museum. If
you contemplate that film taken at the Museum will be flipped,
inverted, manipulated, altered or subject to special effects in any
way whatsoever we will require to know your intentions in advance
and reserve the right, without liability, to decline to
permit filming to proceed.
• No part of any film containing Royal Collection items may
be used within other programmes, re-used, lent or sold under any
circumstances.