This clause encourages the reduction of the carbon footprint of film production and raises public awareness of this in the credits.
Why use this?
To encourage parties to film/ video production agreements to take positive action to reduce the carbon footprint of the production, and to then publicise this in the credits to raise public awareness of the need to actively reduce greenhouse gas emissions in all spheres of economic activity.
How to use this clause
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Carbon Footprint means the amount of GHG Emissions (measured in CO2e) that will be – directly or indirectly – released into the atmosphere as a result of the production of this [Film/ Video], including any work, labour, commodities, equipment, materials or supplies of any tangible or intangible nature.
Formula means the Green Shooting carbon calculator.
Green Disclosure means a statement disclosing the [Film/ Video]’s Carbon Footprint, calculated in accordance with the Formula, in the form set out below:
‘The production of this [film/ video] resulted in a carbon footprint of [around] [insert] [kg/ tonnes] of CO2e (whereby the term carbon footprint includes CO2 and all other greenhouse gases currently legally defined as such). That’s equivalent to [driving [insert]km in an average car].’*
Since there are different methods for determining CO2 consumption and thus also CO2 equivalents, the source from which the CO2 equivalent is derived should also be disclosed (e.g. by means of an asterisk in the Green Disclosure).]
* [Drafting note: There is a risk that a consumer may understand the green disclaimer in the way that only CO2 emissions and no other greenhouse gases were released during the production of the film. In order to minimise risks, we recommend including a note in the green disclaimer – as was done in the suggested wording – that the term CO2 footprint refers not only to CO2 emissions, but also to all other greenhouse gases legally defined as such (i.e. e.g. methane, nitrous oxide, etc.) Since there are different methods for determining CO2 consumption and thus also CO2 equivalents, the source from which the CO2 equivalent is derived should also be disclosed (e.g. by means of an asterisk in the Green Disclosure).].
1. Green Disclosure
1.1 The Producer shall[, at its own cost,] calculate the Carbon Footprint using the Formula within [Insert] days following completion of production of the [Film/ Video] in order to determine the Green Disclosure.
1.2 The Producer shall ensure that the Green Disclosure is inserted in the main titles of the [Film/ Video] (whether appearing at the beginning or the end of the [Film/ Video]) on all positive copies of the [Film/ Video] made by or under the control of the Producer.
1.3 The Green Disclosure shall be in the same size (the term ‘size’ meaning the height, width and thickness of the letters) and appear on the screen for the same duration as the credit accorded to the director of the [Film/ Video].
1.4 The Producer shall use reasonable efforts to prevent the removal or alteration of the Green Disclosure in any version of the [Film/ Video].*
* [Drafting note: Specific measures that the Producer must take could also be mentioned here. For example, the Producer could be obliged to contractually prohibit its contractual partners from changing or removing the Green Disclosure.]
Glossary references: Carbon Footprint