How to Make an Unscripted Show

An unscripted TV Show is any TV content that is made without a script, for example, a reality or game show, a documentary, or a talk show. The legal considerations for making an unscripted TV Show are different than for a scripted TV Show. This checklist sets out the main steps and related legal considerations in making a (mostly) unscripted TV Show for a broadcast or streaming service for viewers in the UK. The steps include all stages from development to post-production, with a particular focus on content issues.The term “Programme” is used to refer to a one-off Show or series of Shows. The checklist is intended as a starting point rather than a comprehensive guide. It assumes that a broadcaster or streaming service is already involved and therefore ignores finance issues. If that is not the case, it may be useful to refer to the section on finance in Checklist, Making a scripted film or TV Show.

Type of shows

You may need to acquire format rights, for example, for a game show or reality TV Show in Non-Scripted Content Production. See Standard document, TV format option and licence agreement. Tailor the agreement according to whether the Show is talent-originated or production company-originated. If the Show is a teleshopping Show, specific rules apply. For more on these, see Practice note, Broadcast and on-demand TV: advertising: Teleshopping. If you are making an original Show that could involve creating a new format, you should:

• Keep detailed records of the development, including a bible of the material elements of the format.
• Consider registering all titles, logos and catchphrases as trade marks, in case you can exploit the format later by selling the rights to foreign production companies.

To ensure you can exploit the format, require employees and consultants involved in the development to sign appropriate agreements regarding intellectual property ownership.

Development : Initial agreements

Non-disclosure agreements may be desirable in the early stages of development, although they may be difficult to obtain. Elements of the Show may be scripted, for example, jokes delivered by the host of a panel show. Appoint a writer or establish a writers’ room in which a number of writers work in a team. Ensure that all employees and consultants involved in the development sign appropriate agreements regarding intellectual property ownership.

Producers

If the project is not initiated by a production company, you must appoint a producer. If the project is co-produced, a co-production agreement is needed. Negotiate in the agreement with the broadcaster or streaming service:

• An ongoing right to produce further series of the Show if they are to own the format.
• A format licence fee.
• (Potentially) approval rights regarding changed formats.

Budget and specification

Prepare the budget and specification considering the following:

• The talent that you want to present or participate in the Show, for example, whether you want known stars.
• Location(s), for example, whether any tax reliefs apply.
• Environmental issues, particularly in relation to travel. Incorporate environmental riders into agreements.
• Whether the Show will be released on broadcast TV or streamed. The broadcaster or streaming service may be the same entity as the producer. They may fund the project or be found after the Show is made.
• Different content restrictions apply to broadcast and on-demand Shows.
• The estimated profit from the Show.

Insurance

Take out insurance for a wide range of risks, including for (among other things):

• Errors and omissions. • Cast (in case they pull out or get sick).
• Faulty equipment.
• Delay.
• Unanticipated expenses.

Production team

Engage the production team (these may be companies or individuals), which is usually made up of the following:

• The director (and any executive director and assistant directors). For an agreement that may be adapted for use for a TV Show
• An individual producer or co-producers. For an agreement that may be adapted for use for a TV Show
• The director of photography.
• The camera operator.
• The first assistant director.
• The casting director.
• The location manager.
• The line producer.
• The script editor.
• The script supervisor.
• The Show editor.
• The production designer.
• The costume designer.
• The hair and make-up designer.
• The visual effects company.
• The stunt company.
• The post-production supervisor.

Enter into agreements with the crew if they are not employees of the production company or a company appointed by the production team. For example, camera operators, sound engineers, runners and so on.

Shooting schedule

Create a shooting schedule for the Show to ensure that the production costs remain within the stated budget. Producers are responsible for delivering the Show on time and on budget.

Talent and other participants

Enter into agreements with talent and other participants, which may include the following depending on the Show type:

• A presenter. If the presenter is presenting as themselves, for example, in a documentary, travel show or reality show, a loan-out agreement may be appropriate.
• A contestant (or other major participant appearing in a non-professional capacity, for example, in a reality show).
• A minor participant.
• Animals. You should procure any animals from a known industry supplier and comply
• A composer.

Location

Enter into location agreements if appropriate. You are likely to require permissions to film in certain locations or using special effects.

• The local police and highways department of the local authority to film on a public road.
• Local shops or restaurants in which filming takes place, particularly if a shop’s or restaurant’s trade mark or name are filmed or heard within the Show.
• The architect of a modern building still in copyright to avoid infringing copyright in the building and in any underlying architectural drawings.
• The appropriate body in relation to royal parks and buildings

Content issues: Regulation and statute

The Broadcasting Code contains rules for:

• Broadcast content in Part 1.If there is any possibility that the Show will be broadcast, compliance with Part 1 is essential.
• On-demand content in Part 3, which contains lighter rules. If the Show will only be streamed, compliance with the lighter rules is sufficient.

The Show must comply with the laws on:

• Copyright
• Performers’ rights
• Moral rights
• Defamation

The Show must also comply with the relevant broadcaster’s compliance policies.

Music

Clear rights to any existing music to be used. See Standard documents, Master recording synchronisation licence agreement for film soundtrack and Music publishing synchronisation licence agreement for film soundtrack. It may be possible to clear some music, specifically production or library music, via collecting societies.

Featured products

Agree on product releases for any product, artwork or photograph used in the Show. See Standard document, Product release. Enter into product placement agreements if a brand wants to pay for its product to be used in the Show. There are restrictions on product placement in broadcast and on-demand TV, including in news and children’s Shows.

Data protection

Consider whether any clearances for the filmed content are required under data protection or privacy law. For example:

• Drones fitted with cameras can collect personal data, for example, images of people or vehicle plate numbers. This can have data protection and privacy implications.
• Filming in public places could have data protection and privacy implications, for example, if identifable individuals appear in the film other than incidentally or in a crowd scene.

Production hazards

If the Show uses weapons, explosives or fire, or you are filming in water or using stunt work, comply with Health and Safety Executive guidance.

Sponsorship

Enter into sponsorship agreements if a brand will sponsor the Show. This usually involves the sponsor associating itself with each Show in “bumpers” (advertisements) around the opening and the credits, and any advertising breaks. News and current affairs Shows cannot be sponsored.

Voting and competitions

If the Show contains phone-ins (for example, for viewer voting or competition entry) which require use of premium-rate services (PRS), the broadcaster or other media content provider must register with the Phonepaid Services Authority (PSA), the premium-rate phone regulator, as they are “level 2” providers under the PSA Code of Practice.

Merchandising

Consider whether there will be any spin-off, merchandising or commercial tie-in opportunities. This could, for example, include character merchandising or exploitation of the rights in the show’s theme music.

Production

Establish an on-set safety protocol. Comply with the Working Time Regulations.

You must also comply with:

• For children, restrictions on working hours.
• Legislation and guidelines for the use of animals.
• Procedures to protect the welfare of participants.
• Any other contractual or regulatory restrictions.

Post-production

Once shooting is complete:

• Edit the Show if it is not live.
• Check whether there are any copyright works (for example, a painting, sculpture, building or logo) or trade marks (for example, on products, clothes or buildings) appearing in the Show for which licences have not already been obtained in the pre-production or production phases, and arrange appropriate licences.