H8
Script
This must be seen by someone on behalf of the diocese (e.g. the Archdeacon concerned) to ensure that there is nothing obscene or objectionable. Further, the Television Company must undertake that the film will be used only in connection with the approved script and not for any other purpose whatsoever. The Company’s copyright must therefore be limited – see note below on Form of document.
Damage
The Company must enter into undertaking to do no unnecessary damage and immediately to make good all such damage as is occasioned to the satisfaction of the incumbent's Surveyor. The Company must meet the Surveyor's costs and a reasonable time limit, say one month, is advisable.
Indemnity
The Company must indemnify the incumbent against all costs, claims, actions, demands or proceedings arising, either wholly or in party by virtue of their use of the Church and Churchyard for filming.
Consideration
This is a matter of negotiation between the incumbent and the Company concerned, but it should be borne in mind that the damage reinstatement and indemnity clauses are potentially worth far more than any consideration the Company are prepared to pay.
Form of Document
This should be ideally under seal, if not, then the agreement must be carefully looked at to see that it is a binding Contract. It appears that the copyright department of the T.V. Company deal with these matters. It is felt that if pressed, they can probably produce a standard form of Agreement which will incorporate all the above items in a fair amount of detail.
The document should state that the film and script will only ever be used together, and not give full freedom of copyright to the T.V. Company to dispose of them separately. The draft should be sent to the Archdeacon and if he wishes he will consult the Registrar.
Finally, if it appears that the Company are going to be difficult about the form of the Deed and that the incumbent is going to require legal assistance, then legal costs reasonably incurred in the transaction should be met by the TV Company.
PS: It should be noted that strictly speaking, all such cases require a Faculty. However, provided the Archdeacon concerned is kept fully in the picture and the above points are covered, then it would seem that the de minimis rule would apply.
D.N. Cheetham
Diocesan Registrar
