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01/22/2007 08:05:40 PM · #1 |
The essence of this is, my GF, who sings opera, recently did a gig, in an ice rink.
On getting there she discovered it was being filmed by channel4. They waved a model release at her whilst she was getting ready to go on, and she signed. They didn't give her a copy.
She has later found out that the filming was for a 'ten alps' production involving Harvey Goldsmith. Yeah, the very same HG who is pulling businesses apart on TV.
So GF and me, we're thinking, not the best portrayal for someone starting out in a career...
Now, she has asked them for a copy of the model release, and so far (7 working days) they haven't managed anything other than a phone message that implied they didn't really have a clue where it was. (we just inferred this from the message, they didn't actually say it).
Looking for any advice. Ideal situation would be to be not featured in the show at all.
Er, help?
e: typo
Message edited by author 2007-01-22 20:07:34. |
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01/22/2007 09:01:12 PM · #2 |
Not really helping with your enquiry, but are you confusing Harvey Goldsmith, the promoter and Sir John Harvey-Jones, the former chairman of ICI?
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01/23/2007 05:39:36 AM · #3 |
No, it's definitely Harvey Goldsmith, the promoter.
More info here:
//www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=414142&in_page_id=1770
halfway down the page - Channel 4 - 'Harvey Goldsmiths Presents'
Here in the news section:
//www.tenalps.com/shpx_common/src-v0.3.1-tenalps/src/preview.php?id=11793&PHPSESSID=992a40397181ecd751eaf8c79ee62103
If you google it there are other snippets of info.
There's six episodes, each on a different 'failing' business, and HG attempts to turn them around. Obviously our concern is being associated with the program could (probably will?) have a detrimental effect on GF's career.
The business, Opera Anywhere
//www.oxfordvocalists.co.uk/operaanywhere/index.html had asked GF to go back for another gig. She at this point had realised the potential pitfall and declined the gig.
It begins screening in february. This gig was december. We're wondering if they can't produce the release, whether they have then breached the DPA, and whether they then would be allowed to mention or show GF in the episode.
As far as I can tell the DPA allows for 40 days for the production of the releae, or 'any given shorter time period that is appropriate' - this is not the actual text but a paraphrase from memory - and therefore as it begins screening in february, the 40 days is far too long.
Any ideas?
Mark
M.
e: typo
Message edited by author 2007-01-23 05:40:40. |
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01/23/2007 06:44:09 AM · #4 |
This isn't my usual area of law, but I have a few comments. For formal advice, you should see a lawyer specialising in media law.
I guess that the following quotes have you worried:
"A sneak preview of the pilot of Harvey Goldsmith Presents shows him branding a struggling circus a "complete shit heap" and DJ Mike Reid as having "lost the plot". "
There are a few potential issues here, depending on the nature of the program vis a vis your gf. Was your gf's performance okay/likely to be abused, or are you just worried about the association with the nature of the program?
The best solutions will probably depend on a variety of factors, but the starting point may be to get hold of the model release form. In the meantime, you might send a letter withdrawing consent for your gf's performance to be aired (and/or demanding to preview the editing of the show, or to see a transcript, before broadcast). If this meets resistance or is refused, you could demand a copy of any model release (and require them to edit your gf out if they cannot produce it). If they present it and on its terms it cannot be revoked (and the terms are reasonable), then you may wish to assert your gf's moral rights under copyright in the performance to be presented appropriately.
You may be able to involve the company employing your gf, or the promoters of the show - find out whether they have consented to the performance being broadcast (they may have rights that C4 would have to obtain in order to broadcast the event).
If none of this works, you may wish to alert the producers that you will take action in respect of any defamatory or libellous comments made re: your gf's performance.
Is your reference to the "DPA" to the Data Protection Act? I do not think that this will help you prevent your gf's performance being shown on tv.
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01/25/2007 06:06:14 AM · #5 |
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01/25/2007 06:20:45 AM · #6 |
I'm not a lawyer by any means but I have used and paid for legal advice often.
 legalbeagle has provided you with good sound advice free of charge but you and your GF should not be afraid to get and pay for your own council to protect your interest.
My advice is if ever you feel threatened by some sort of adverse action bring in the legals ASAP and nip it in the butt before it gets out of hand or it will cost you a lot more latter on.
Good luck and keep us informed how it goes.
Message edited by author 2007-01-25 06:21:49. |
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01/25/2007 06:36:28 AM · #7 |
Thanks all for your concern, and thankyou so much for the (free) advice Matthew.
Sorry for not being back sooner, I have had a few isues with my wireless network which now seems to be stable again.
Just prior to my posting, Ten Alps were going to get the director to contact GF. She is still waiting.
When she does get to speak to him, or sooner if it's a while, we intend to begin with Matthew's advice.
In answer to Matthew's question - it is more the association (IMO) - GF, being a 'creative' is never happy with her performance, so would be unable to give a fair appraisal anyway.
It was more the potential of being featured in the program with what was being portrayed as a 'failing' business.
My reference to the DPA was correctly interpreted to the Data Protection Act - I was of the understanding there were fairly strict time limits for complying with certain requests - such as a contract or a model release. Thankyou for saving me wasting any time there!
We also have not yet had the release form as requested. I will update here soon. Hopefully... |
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