Rivals: Filming locations and considerations for landed estates
The secret locations of the fictional county of Rutshire, featured in Jilly Cooper’s novel and the popular Disney+ series Rivals, have now been revealed. These include Chavenage House in Tetbury, Corsham in Wiltshire, Neston Park, Woodbank House in Monmouthshire, and Corn Street in Bristol.
For many viewers of this steamy series, this news may inspire a UK road trip through parts of Somerset, Wiltshire, and Gloucestershire, enabling superfans to stand on the soil frequented by David Tennant, Alex Hassell, Danny Dyer, and Emily Atack in their racy depiction of country life.
In this article, we explore the impact of landed estates becoming overnight sensations for fans, as well as what owners and managers of such estates should consider before allowing film crews on their property.
Understanding location agreements
Location Agreements set out the terms between the managing agent and/or the estate or property owner and the production company. These agreements cover the use of any property or estate (Location) for filming purposes. Key terms that should be included in a Location Agreement are:
Key terms in a Location Agreement
- Location detail: Details of the Location and what will be included or excluded from access and use during filming.
- Period of use: Different periods of use (and different hours) for set-up, filming, and take-down.
- Access routes: Routes of access and egress. Property owners should be mindful if their land is held in multiple trusts or different ownerships, as all parties may need to sign the Location Agreement to grant relevant rights of use.
- Periods of pause: The period of access to the Location and the circumstances when the filming period can be amended (e.g., severe weather conditions).
- Fees: Location fee, deposit, utility costs, and payment terms.
- Management: Responsibility for the day-to-day management at the Location to ensure smooth access to facilities.
- Change of use: Arrangements for removal and storage of furniture/paintings, any alterations or additions, and change of use at the Location. The agreement should clarify which party is responsible for securing necessary consents, as well as the rights to make these changes.
- Location brand: Rights to use any brands (such as trademarks associated with the Location).
- Consents: Responsibility for necessary consents (e.g., the highway authority or consents if the Location is listed) and insurance.
- Restorations and damage: How restorations to the Location will be checked to ensure it is restored to its original condition and how damage to the Location will be managed.
- Storage: The right to store equipment (and anything else necessary for filming) at the Location, and who is responsible for insuring and safeguarding such equipment.
- Drones: Whether the use of drones at the Location will be permitted.
- Remedies: Remedies for breach of the Location Agreement, what happens if filming is delayed, and what arrangements should be in place to prepare for any additional filming requirements, such as for subsequent series.
Finally, the filming aspect of the Location Agreement may include specific arrangements around confidentiality and keeping the real location and name of the Location private for an embargo period.
Intellectual property rights in brands, names, and artworks at locations
Many Locations have been forced to develop commercial revenue streams to finance maintenance and running costs. Windsor Castle, home to the royal family in the UK, hosts tours and events; meanwhile, Goodwood, a sporting estate in West Sussex, hosts major sporting events, such as Glorious Goodwood and the Festival of Speed.
Protecting trademarks for locations
These commercial activities can involve the development of a brand which can be protected by registered trademarks for maximum protection. Provided certain criteria are satisfied, once a trademark is registered, the owner has the exclusive right to use the mark for 10 years.
Copyright and artistic works
Any Location could also be home to a range of artwork or insignia that is subject to other intellectual property rights. Artistic works are protected by copyright for 70 years following the author’s death. Copyright in a work prevents unauthorised use of the work, and these rights should be considered where a work of art is included in filming.
Checking if consent is required for listed properties and managing remedial works
If the Location has a listed building, any changes (such as removing walls or features, installing temporary infrastructure, or changing the use of rooms) may require listed planning consent. Location Agreements usually put the responsibility for procuring the relevant planning and listed building consents onto the production company.
Listed building consents
Breach of listed building planning rules is a criminal offence; so, the property owner will need to be confident that all requisite consents for the works have been obtained in advance and that any works carried out at the Location are in line with the relevant consents. Obtaining listed building consent can require expert input and take time to procure, so the production company will need to factor in the timings for obtaining these consents with its timeline for production. If a building is not listed, minor internal works are unlikely to require planning consent.
Lender and landlord consents
If the Location is charged to a lender, lender consent may also be required to carry out works to the Location. The property owner is likely to be best placed to obtain this since they will have the relationship with the lender. The Location may also be subject to specific title restrictions/covenants relating to works, which will need to be checked. Additionally, if the Location is leasehold, landlord consent may also be required.
Responsibility for remedial works
The Location Agreement should also state who has responsibility to undertake any remedial works either to fix damage or to restore post-filming. It is likely that property experts will be engaged to oversee any works, particularly remedial works. These could include:
- Conservation professionals – specialists in heritage, who are particularly concerned with any work that respects heritage values, historic features, and specialist construction techniques.
- Conservation and planning officers - specialists within the local planning authority, who give technical repair advice as well as advice on alteration and development.
- Conservators - experts in the conservation, repair, and preservation of materials and objects, such as art, objects, or statues.
Access to the Location
The Location Agreement should cover who is responsible for securing local highway authority consent (often a county council) if the Location includes a public right of way. If the filming will interfere with the right of way, an application to the highway authority can be made to extinguish, divert, upgrade, or downgrade the right of way. Additionally, if there are any covenants or easements at the Location, these must be upheld or consent sought from the appropriate beneficiaries for a waiver.
Managing increased traffic
Any production will increase traffic to the Location, and the highway authority should be contacted to discuss whether consent is required and how this additional traffic can be managed safely, along with required alterations (such as alternative access routes via the Location).
Insofar as access to the Location is over land that is not maintained to the same standard as a public highway, the property owner may wish to consider the season for filming and the likely impact on the use of the track/accessway by the production company should the weather be wet.
Expectations around timing and costs of reinstatement should be discussed and drafted into the Location Agreement.
Tax implications
In relation to all fees and revenue generated by playing host to these ‘encounters’, the tax treatment of the income generated will need to be considered. This will depend on how the Location is held - for example, by a company, by individuals, or in trust (charitable or otherwise). There are also various grants and tax incentives that may be applicable.
Accidents and insurance
It is crucial to ensure that all Locations are suitably insured and that the scope permits production and filming. The Location Agreement should clarify which party is responsible for policy excess in the event a claim is required as a result of filming.
If the Location is open to the public for tours, it is important to ensure that there is an ‘all risks’ policy, which can include theft, public liability, and accidental damage. If any of the Location’s employees become involved in any aspect of the production, each party’s respective insurers should consider the potential impact on employer’s liability insurance.
Additionally, the production company should have suitable production insurance to cover the usual production risks (loss or damage to cameras, etc.).
The fans
Whilst using any Location for filming can be lucrative and the association can develop new commercial revenue streams and a new fan base, there can be downsides. Drayton House, which was used in the 2023 film Saltburn, was included in a TikTok video that shared directions to a public footpath running through the estate. The video went viral and led to an increase in trespassers who left the footpath in search of photos and videos of Drayton House.
Providing adequate contractual protection to Location owners and tenants is vital to ensure they retain their privacy (if desired) and that the Location is not overrun by fans.
Diversification benefits
Inclusion of a Location in a popular production can generate location revenue but also the opportunity to diversify into a range of areas such as hospitality and fan-focused events (for example, tours or wedding/corporate venues) and merchandise.
It is important to consider intellectual property right protection for these diversification streams – this can include trademarking the name and logo for the Location or merchandise range. The use of Highclere Castle as the filming location for the acclaimed TV show Downton Abbey has enabled the estate to expand into Downton tours, events, and merchandise.
Finally
The impact on landed estates becoming overnight sensations for fans can be mitigated with careful planning by owners and managers of such estates and production companies.
Contact us
For more support around using historic properties or locations as part of a film, production, or event, do contact us.
Naomi Nettleton is based in the Property Team at Charles Russell Speechlys and specialises in advising Landed Estates and Historic House owners on using their properties for filming and events. Naomi hosted a two-part mini-series that delves into the realm of historic house owners and their involvement in the world of filming, with a particular focus on the essential aspects of filming agreements. You can listen to this on Apple Podcast here.
Rebecca Steer and Charlotte Kirk-Patrick are based within the Commercial Team at Charles Russell Speechlys and advise production companies and individuals on the use of a variety of locations for events and filming.
Rebecca, Charlotte, and Naomi are all based in the Cheltenham office.
