Shooting in a public space

[Per-Aage Braun]

Good points matt

[Joshua Brown]

I was once shooting a scene for an actionmovie on a big square in the middle of a town. This was like 15 years ago. The main character had stolen something and was now beeing chased by another man. I was shooting the film and really got some nice pics when suddenly a big athletic man from the public starts running after and fells him to the ground. The main character broke three ribs...
I must say I felt quite bad inside afterwards.

Haha, oh, thats rich!

[Steffo]

haha priceless

[basspig]

The FCC only regulates communications, ie., radio, television, 2-way comms and telcos. It has nothing to do with shooting video in public spaces.

[jonE5]

A note for all you indie run and gunners, i shot a whole scene in a restaurant with an establishment wide shot, mid, and some closeups with my DSLR (D90), and was never asked or told anything. Im guessing they just thought we were taking snapshots. I laid my H4n on the table for sound, had someone do a handclap to sync and we were good to go.

Of course prolly could not get away with this with a bigger camera, and deff not if you have any matte boxes or lens adapters etc... attatched.

Just some food for thought.

[adamr316]

Well.....hmm... where to begin.

In theory you don't need permission to shoot in a PUBLIC space, but there are many issues you have to think about. For one example, there is a restaurant with outside dining or a huge window looking into the restaurant. Just because you physically are in public you have to watch what you shoot very carefully because you might not be shooting INTO public.[...]

[...]Especially if you get face to face with an annoying security guard or policeman that has no idea what they are talking about. you can always say... "well according to the FCC, which is part of the FEDERAL government, I can legally.....)

I will get that link in here for the FCC regulation site ASAP as soon as I find it. These are just my thoughts

Matt

There's a few misconceptions of law here. What you are permitted to shoot is from a public space. So if someone has their blinds open and you are physically standing on the sidewalk and pointing it into their open-blinded windows then that is legal. But you cannot use their likeness (face) without permission/compensation.

If you go on that person's property to acquire your footage (without their permission) then you are in hot water because you're now trespassing. Not legal, don't do it.

This isn't FCC regulation, this is all based on privacy laws. The FCC regulates the airwaves, the police and lawyers enforce privacy law. The same reason someone cannot walk around their backyard naked (in America) vs. in their house with doors/windows obscured is the same reason you can videotape them from the sidewalk. It's about "reasonable expectation of privacy." But that is still kind of a gray area of law on a case-by-case basis.

Then we deal with non-fiction vs. fiction works. Documentaries/news can get away with more. But I'm going to shut up now because I'm not a lawyer and any advice I just gave you can take for an atom of salt. Contact a lawyer or get a book from Amazon if you want to cover thy ass.

[Doddle Guys]

Where are you shooting?

[Giganova]

Here in DC you need a film permit in ALL public spaces. I have been stopped filming by Metropolitan police officers, State Troopers, Secret Service, Military police, and Park police. It is impossible to know all the different jurisdictions, so the best way to deal with it is to apply for a permit through your city's film office who can give you a release that covers many locations and jurisdictions. Doesn't cost much and solves many problems. You really have to know what you are doing. I figured out that there are places in my city where I am not allowed to put a tripod on the ground (e.g., side walks, parks), but hand-held is fine. Knowing this in advance helps a lot dealing with law enforcement.

If its just b-roll footage you are after, you could try to shoot with a small, prosumer camcorder and pretend that you are a tourist.

That of course doesn't solve any legal issues regarding shooting people in public.

[David W. Richardson]

I keep hearing people suggest putting up signs. Those signs will NOT protect you. There are plenty of people who can't read, can't speak English, and/or are blind. There are also minors to consider, as well as people who were pre-occupied (like with a phone call) and didn't see the signs. These people all have rights too. So please don't believe that putting up signs will completely protect you.

BTW, making an announcement over a PA or megaphone won't completely protect you either.

[static and timecodes]

I was once shooting a scene for an actionmovie on a big square in the middle of a town. This was like 15 years ago. The main character had stolen something and was now beeing chased by another man. I was shooting the film and really got some nice pics when suddenly a big athletic man from the public starts running after and fells him to the ground. The main character broke three ribs...
I must say I felt quite bad inside afterwards.

I wonder if things like that happen often...