Creating a more efficient future for Film & TV through standardisation — Q&A with Sarmad Saleh, Sheridans
By: We Got Pop
Tags: Covid 19, Optimization, Efficiency, Standardization, Legal

Creating a more efficient future for Film & TV through standardisation — Q&A with Sarmad Saleh, Sheridans

We spoke with film and TV legal specialist Sarmad Saleh to discuss the benefits and risks of standardisation, adoption of progressive solutions and making the industry more efficient. We Got POP Sep 21, 2020·5 min read

POP: How has the film & TV industry already embraced standardisation? What benefits have we seen from this?

From a software perspective there’s a level of standardisation in place already (e.g. reports/ budgets, editing and post production) by virtue of there being standard software used.

There is an appetite for similar standardisation in the legal film & TV sector but there’s still a long way to go. The most obvious examples are the union agreements already in existence, which set out the core rules governing the cast and crew. There is also generally a standardised approach to agreements in that the legal provisions largely need to deal with the same things (e.g. rights, obligations, working hours, pay, duration, credits). The benefit of standardising legal documents is they become much quicker to review as there’s a basic understanding of what they cover.

The current downside is that, although the documentation issued by different parties is largely standardised in substance, the forms are still quite different. This means parties are still spending a considerable amount of time reviewing these on a case by case basis.

POP: Where has standardisation worked well in other industries? What was the impact?

In my view standardisation is not an end goal but a means by which we can increase productivity and efficiency and reduce wasted costs without compromising on quality. Increased standardisation where appropriate allows all parties to focus more on the aspects of the transactions that are (and actually need to be) bespoke.

Outside of the legal sector a great example I can think of is the software industry. The initial programming language for computers was rudimentary with a lot of manual labour required to create a decent piece of software. Gradually we standardised coding languages allowing us to develop more impressive software across different platforms.

A good legal example is how the Incoterms (International Commercial Terms) standardised the terms for the international sale of goods. Instead of meticulously providing for specific risk and delivery terms, the Incoterms have standardised the meanings attached to the various terms of the contract. This has reduced confusion between buyers and sellers in international sale of goods transactions and in turn has reduced the number of disputes.

POP: What are the common concerns that you hear about standardisation? How do you suggest these are approached?

The biggest concern seems to be that it compromises on quality because it provides a generic approach to problems. We shouldn’t rush into standardisation just for the sake of it, as it risks not dealing with all issues and challenges which contracts are meant to address. Having said that, there are clearly many things that can and will be standardised (from on-boarding, tax and payroll, to contract terms) and the industry has and continues to benefit from this.

The best way to address these concerns is for key stakeholders to come together collaboratively with a willingness to adopt progressive solutions to challenges. It will enable increased efficiency in the long term even if time consuming in the short term.

POP: What is the impact of there being greater scrutiny on the industry by regulators, unions and the ICO? Does a standardised approach solve any of these pain points?

It really depends. Standardisation impacts some of these relationships more than others. The unions for example might welcome standardisation as it would familiarise them with agreements and allow them to more easily identify issues. On the other hand, although standardisation can reduce the risks of regulatory challenges, an organisation like the ICO ultimately cares about issues such as whether a data breach has occurred. Whether this has happened will usually be a question of fact, regardless of how standardised the paperwork is!

POP: What factors into adoption? What part does technology play?

The willingness of the various stakeholders to consult in a collaborative, progressive and solution driven manner will determine the extent and efficiency of adoption. This includes lawyers, line producers, members of unions and any other relevant parties. If the process becomes too convoluted, there is a risk that the net result will not be worth the investment into its adoption.

Technology only plays an important part to the extent parties have approved the terms and the approach, and vice versa. I think the key is having several approaches that complement each other.

POP: If you could change anything in the sector to make your life better and work easier, what would it be?

For me, any solution that reduces the number of “clicks” or “steps” to complete a task would make my work life easier and, in the long run, the time efficiency would be invaluable!

POP: What impact has COVID-19 had on your work and clients? What have you learned?

Obviously COVID-19 has been an unprecedented challenge for everyone. Most productions were either put on hold or cancelled altogether which put thousands of people out of a job. The key people that are keeping the UK industry moving (the crew and talent to name but a few) have felt an enormous amount of pressure. I fear that many highly skilled individuals have been forced out of the profession altogether, which is an incredible shame.

The main takeaway for me is that you can spend as much time as you like preparing for known risks but, as usual, the most difficult challenges are the ones that you never imagined you had to prepare for in the first place.

POP: If you could have any superpower which one would you choose?

To be able to fly — besides from the general awesomeness of flying, imagine the reduced emissions!

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