DVrig pro...and the law

For the music video I'm working on we wanted to film at a remote location owned by the Utah Department of Natural Resources. We pretty much reasoned that since we had to climb a fence and had a decent-sized crew we should probably get permission. As it turned out, the Natural Resource guys were very helpful. They told me that they like to encourage filming in Utah so all they wanted was a small application fee (50 bucks). I felt better with the permit. Funny thing was every time I thought we were getting hassled, it was just a park official or a sheriff's deputy dropping by to watch us film as a spectator. One of the park rangers was a even fan and got his CD signed by the band. Everyone was great. I never had to show the permit.
 
Loki said:
I disagree with you on that...

since a pesky annoying person could just easily call the cops and complain about you... which then the cops can just seize all the footage and your equipment.
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Sieze your equipment and footage??? Under what law? Perhaps elsewhere in the world, but here in the US that would be difficult. If it were me, I don't care how many crew I had there, my answer to authorities would be simple, "I am rather excentric, and enjoy quality. This is an art project that I am doing for myself, for my own pleasure, for my own viewing. This is not comercial in any way at all." I am a pro still photographer, and when I do any photography for my own pleasure, (not often as I would rather get paid!), it looks just like a comercial shoot. I do EVERYTHING I would for a paying client. In fact, if anything I do MORE, because for myself I spare no expense, and a client may not want me to get as envolved as I would get for myself.
Talk to a good lawyer who is familar with where you will be shooting, and find out from him what to say, and what you can get away with. and remember, (and I say this as a guy who used to work for the PD), when talking to police, less is better. Don't give them any info you don't need to. The fewer words you say, the better. You have the right to photograph, or video tape in public. The cops may not like it, but you can do it. Now, if they get you to say something as to WHY you are doing it, then they may be able to stop you due to some ordinance. I can stand on the corner and voice my opinion about the upcoming mayoral election, that is my right, but if the cops ask me what I am doing and I say I want to recruite members for my candidate's campaign, or I am trying to get a rally going, they can shut me down. Yet, if I kept my mouth shut to them, I could have done those things, (as a side bennefit), and they could not stop me, (unless there was a disturbance, etc.) because I was exersizing my rights.
 
Sieze your equipment and footage??? Under what law? Perhaps elsewhere in the world, but here in the US that would be difficult.
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If they think you are doing something illegal they sure can. Which they can come up with a reason to make anything illegal..
 
Loki said:
I disagree with you on that...

since a pesky annoying person could just easily call the cops and complain about you... which then the cops can just seize all the footage and your equipment.

Getting a permit for a student production... or a small no budget film shouldn't be too difficult... unless your shooting in hollywood that is..

get the permit.. it will save you headaches.

now.. having said that... you can also just as easily claim that your a news crew...

if your filming in really really public locations... I would say permit.. but you can probably get away with it if your just a small crew.

then again.. shooting a doc is different... cost vs. reward... if it is too much of an issue and a problem to get a permit.. I say poo poo it.. and just shoot without one.

The thing that gives it away the most is the boom op .... as soon as you have a boom.. it means movie... camera mounted mic... nobody notices anything..
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?!?!?!?!?!?!?!?


I'm not sure what Law School ripped you off or what Bar gave you a pass, but it is probably best that you do not dispense legal advice lest you loose you License to Practice Law. ;-)

Now in all seriousness, there are very very few legal reasons that the police can confiscate any footage. For the most part it will require a warrant.

This is the law of the land. In fact, the United States Armed Forces would only do so under ridiculously extraordinary circumstances.
 
Ldogg said:
I agree completely with you...I only hope our optomism doesn't end up costing us. Anybody ever been hassled in a DVrig?
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You need to see an attorney that knows the laws of the location that you will be filming.

Don't sweat it too much.

You most probably will be able to find some form of legal guidance for a modest fee or less.
 
MojoTrancer said:
For the music video I'm working on we wanted to film at a remote location owned by the Utah Department of Natural Resources. We pretty much reasoned that since we had to climb a fence and had a decent-sized crew we should probably get permission. As it turned out, the Natural Resource guys were very helpful. They told me that they like to encourage filming in Utah so all they wanted was a small application fee (50 bucks). I felt better with the permit. Funny thing was every time I thought we were getting hassled, it was just a park official or a sheriff's deputy dropping by to watch us film as a spectator. One of the park rangers was a even fan and got his CD signed by the band. Everyone was great. I never had to show the permit.
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Exactly!


Make nice.

Be nice.

And it will almost always be alright.
 
I believe that the laws regulating commercial filming or photography changed late last year or earlier this year. If I recall correctly (don't count on it) I believe that the
National Park Service imposes a fee for commercial use. I have no idea how much.

The following is from the webpage at Mount Rainier Nat Park on 12/12/06:

Permits are required if the filming, video taping, sound recording, or still photography:
• Involves the use of a model (or any on-camera talent), set, or prop
• Involves taking photographs of vehicles or other articles of commerce for the purpose of commercial advertising
• Could result in damage to park resources
• Could result in significant disruption of normal visitor use
• Requires access to areas normally closed to the visiting public​
A request for a filming or photography permit may be denied if:
​
• In the opinion of the Superintendent or his/her designee, the filming activity requested represents a potential for harm or impact on the park’s natural, cultural, wilderness or recreational resources, may create health or safety risks, or disrupt visitor use and enjoyment
• It is determined that supervisory requirements for the proposed project will place unreasonable burdens on park staff, regardless of the applicant's willingness to pay supervisory costs
• The permittee fails to obtain insurance/bonding, or to agree to pay assessed cost recovery
• The proposed filming or photography would conflict with the visitors' normal use of the park
• The request includes entry into areas closed to the general visiting public, or which would allow activities not permitted to the average visitor​
Generally, permits are not required for:
​
  • Visitors using cameras and/or recording devices for their own personal use​
  • Sound technicians, and film or video news crews at breaking news events​
  • NPS filming or photography, Department of the Interior Audiovisual Center filming, or filming/photography done pursuant to a cooperative agreement or contract​
 
its strange over here in Japan. I'm not sure what the exact laws are actually but its kind of scary. I hear its illegal to show anyones face (even if they are out in public) without their direct consent. So far i haven't bothered but i don't do anything major, i'd really be concered about that if i started working on major productions.

My friend told me that on episodes of Cops it would be the opposite in Japan, the guy being arresteds face would be visible because he commited a crime while the police officers faces would be blurred out because they are citizens and it would be illegal to show their faces (unless they give consent)

i can't verify the truth to this though, might be myth.
 
Ldogg said:
Awesome remarks folks. I think that the student film approach will work in most situations and I will also invest in some laminated credintials like you advised.

The biggest cities we will be in are LA, St. Louis, New Orleans, San Diego, San Fran. The problem is I don't know exactly where I will be in those area. It is more an exploring thing. I will also be in some national parks. Any experience in National parks? How do you get permission there?

I hate even adding this last bit, because it is actually what the message of our Doc is trying to fight against, but it is reality so I will inform you of the "whole picture". We are videoing a terminally ill child's first venture out of his home town. The child is in a wheelchair as well. I believe that with the combination of "this is a student film" and the the very likely scenario that a police officer will pity us...I think we might be ok.

Any more thoughts? Especially on the Nat'l parks?
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For what it's worth, I live in San Diego, and the filming permits are free. Not too much help if you don't know where you'll be filming, but just in case.

Good luck!
 
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