A clause in production agreements obliging video/film production companies to disclose the carbon footprint generated by the production of the video/film in the credits.Skip to clause
Why use this?
This is a boilerplate clause that parties would voluntarily include in production agreements, for similar reasons that companies and authorities around the world disclose their own carbon footprints: to protect and improve a company’s reputation, boost competitive advantage, get ahead of regulation, uncover risks and opportunities, and track and benchmark progress. Simultaneously, the Clause increases public awareness of carbon footprints.
The Clause would feature in film/video production agreements. For example, it could be included in a Production / Finance / Distribution agreement between a studio and a production company.
How it promotes a net zero future
The Clause will result in an increase in carbon literacy by the general public.
With the TV industry’s assistance, the public would have greater awareness of climate change, the carbon impact of everyday activities, and the ability and motivation to reduce footprints. Comparing and measuring carbon footprints could become a topic of everyday discussion. This may also result in greater transparency and scrutiny of corporate sustainability practices and policies, and ultimately the reduction in emissions of individuals and companies as result of increasing public awareness and pressure.
It is hoped that the trend of disclosing carbon footprints would expand beyond the realms of media: from start-ups and established companies all the way through to local authorities, organisations of all shapes and sizes would make a habit of disclosing their carbon footprint on a regular basis.
Disclaimer - please read
The clauses on this website (and published in our Climate Contract Playbook) have been prepared in good faith on a pro bono basis and are free to download and use. The clauses have been drafted and edited by a variety of lawyers and, as such, the approaches to drafting may not conform to any particular drafting norms. We acknowledge this as a consequence of the collaborative drafting process.
The clauses on this website (and published in our Climate Contract Playbook) are provided on an ‘as is’ basis and without any representation or warranty as to accuracy or that the clauses will achieve the relevant climate goal or any other outcome.
This website (and the Climate Contract Playbook) does not comprise, constitute or provide personal, specific or individual recommendations or advice of any kind, and does not contain legal or financial advice. The clauses are precedents for legal professionals to use, amend and negotiate using their professional skill and judgement and at their own risk.
While care has been taken in the drafting of these clauses, neither The Chancery Lane Project nor any of its contributors owe a duty of care to any party in relation to their preparation and do not accept any liability for any errors or omissions, nor for any loss incurred by any person relying on or using these clauses or any other person. Users should use their own professional judgement in the application of these clauses to any particular circumstance or jurisdiction or seek independent legal advice.
At present, all the clauses are based on the laws of England and Wales. We encourage the conversion of these precedent clauses for use in other jurisdictions.
Carbon Footprint means the total direct and indirect greenhouse gas emissions attributable to all activities undertaken by the parties in connection with the production of this [Film/Video].
Formula means the Albert carbon calculator (https://wearealbert.org/).
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. That’s equivalent to [driving [insert]km in an average car].”
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].
Glossary references: Carbon Footprint