is it commercial filming?

[Letz]

Originally Posted by KevinJ

If Diver A & B are allowed to dive from the boat as a favour, and diver A gets some video footage (for his/her own use) and then subsequently gives a copy of the footage to their hosts as a measure of his/her appreciation, then surely there isn't an issue.

If this really was an issue wouldn't this have implications for the thousands of underwater photographers who sell / trade their images.

Just my 0.02p

I don't think there is any problem re giving/selling photo/videography and that is covered by copyright. Loads of YDers will be able to advise on that. I suspect the problem would arise should anyone perceive the dive itself as commissioned

[stevechesh]

Originally Posted by David

would it not be more of a problem if you did this a lot....

doing once might be wrong :-) but if you then find out it is wrong what is the worst that can happen, your told not to do it again or we (HSE) will take you to court.

but if your planning to do this alot then you might need part4 !

Originally Posted by KevinJ

If Diver A & B are allowed to dive from the boat as a favour, and diver A gets some video footage (for his/her own use) and then subsequently gives a copy of the footage to their hosts as a measure of his/her appreciation, then surely there isn't an issue.

If this really was an issue wouldn't this have implications for the thousands of underwater photographers who sell / trade their images.

Just my 0.02p

Remember, it's all theoretical at the moment, nothing has been finalised, let alone even planned.

Diver A is just trying to get an idea of any legal complications that could arise. No money would exchange hands and no contract would be in place.

Assuming it was all going ahead the only remotely financial benefit for Diver A, would be a free dive on a boat. Any footage Diver A obtained could/would be handed over free of charge, and Diver A would get no recompense for expenses, i.e gas/fuel/accomodation etc. . . .

[divemaster-uk]

I think someone alluded to it before, ignorance is a form of defence :-)

If you didnt know, the HSE wouldnt, couldnt prosecute you, by asking the question here, it could be construed you did know the answer, but reading the posts, it seems none of us really know the answer, so you can still play the ignorance card :-)

[cave_troll]

how about extending this to other "not being paid" situations?
If my local dive school ask me to come along and be the body for a Rescue course, and offer to pay my entrance to the puddle and buy me lunch, is that "working"?

[divemaster-uk]

Originally Posted by cave_troll

how about extending this to other "not being paid" situations?
If my local dive school ask me to come along and be the body for a Rescue course, and offer to pay my entrance to the puddle and buy me lunch, is that "working"?

Nope, been a body on a rescue course is called been physically abused :-)

[KevinJ]

So it's only really academic at this point.

I have on occasion given underwater photographers a light or two to use with the proviso that they give us some sexy pics (of the light) to use for marketing purposes. Does this mean that they're breaking the law ?

Does this make me ... Bad ?

Kevin

[divemaster-uk]

Originally Posted by KevinJ

So it's only really academic at this point.

I have on occasion given underwater photographers a light or two to use with the proviso that they give us some sexy pics (of the light) to use for marketing purposes. Does this mean that they're breaking the law ?

Does this make me ... Bad ?

Kevin

Yes, Your a Bad Bad Bad man Kevin, Forgivness is available though for a sexy new solus torch :-)

[Letz]

Originally Posted by KevinJ

Does this make me ... Bad ?

Favours for sex ? Only if the entire male population are bad

[Mark C]

Originally Posted by cave_troll

how about extending this to other "not being paid" situations?
If my local dive school ask me to come along and be the body for a Rescue course, and offer to pay my entrance to the puddle and buy me lunch, is that "working"?

Possibly Volantary Work - otherwise they would be paying you below minimum wage and THEY would get in trouble over that!!!

With the filiming it would need to be swung like:

Hey we've got a boat going to X location and have some free spaces - do you fancy popping down dont forget your camera, by the way i like the engine area

Diver goes down with buddy has THEIR dive

On trip back reveiw footage

Ooh that looks good can I have a copy of it.....



Job done

[sch]

We asked the HSE a similar thing a couple of years ago when I was still teaching - we asked if we used someone who had completed a Rescue Course as safety cover, would they fall under HSE regs; in this case we were concerned about them needing an HSE medical.

The answer given was wonderful - they said we would need to consider what would happen if the Rescue Diver wasn't available; they reasoned that at that point we would need to contract an available person who at that point would be under the @ work regs, therefore the position was covered regardless of whether or not the initial person received any kind of benefit or not.

Now to be fair, this was a couple of years ago but I would suggest that the HSE would take a different view - but the easiest thing is just to ring them and ask.

Simon