What are the rules for Joe Public?

Shacke

Active member
Hi, i'm shooting a music video and want to include some shots of markets, housing estaes, etc. My intention is to just go with my camera and shoot some footage but I am not sure what the laws/rules are. If people are recognisable on the video, can I get sued? How much can I get away with? Am I ok with long shots where you can't really make out faces?
 
it is a blurry and also sometimes a fine line..

you can always argue what the focus of the shot is... but as long as you can't make out anything too specific you should be ok... if your really that concern go door to door on the street your going to shoot on and say you want to film their house as part of a music video.

People are generally cool with it as long as you mention TV ;)

Just keep the focus of the shots in mind.
 
You can check with local authorities, they have helped me in the past, find an area and ring to check if its possible. They might even have some better locations for you. It happens!

but...

If its a music video...

Just shoot it and be quick.
How much airplay to you expect?
Faces can be a problem, DOF to be safe.
But locations?
Will some viewer at home really jump up and shout 'That's on my patch, I don't remember allowing any music videos crews in to film on my estate. I must inform the Army or at least the Police!":kali: I just tend to shoot...How much jail time could a filmaker get?
 
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jpbankesmercer said:
You can check with local authorities, they have helped me in the past, find an area and ring to check if its possible. They might even have some better locations for you. It happens!

but...

If its a music video...

Just shoot it and be quick.
How much airplay to you expect?
Faces can be a problem, DOF to be safe.
But locations?
Will some viewer at home really jump up and shout 'That's on my patch, I don't remember allowing any music videos crews in to film on my estate. I must inform the Army or at least the Police!":kali: I just tend to shoot...How much jail time could a filmaker get?
LOL. I doubt any, if they could be jailed, Bush would have locked up Michael Moore :)

Thanks, I will certainly DOF but I wasn't sure if I could be liable just from people making themsleves out.

Locations? I'm just thinking of shooting some inner city locations like markets, housing estates, etc.
 
The rules vary, however, usually when you shoot in a "public" place, you need
a permit. Of course you can get away without getting a permit, however, if
you should happen to get some people in those shots, they in turn can sue
you, or shop owners can sue you...

A whole lot can happen so make sure if you do get permission, get it in writing.

Advice -- never put a kid in a shot unless he is an actor.

Charli
 
wow is this for real? anyplace to find some moreinfo on exact details, like what if i'm in a park I cant shoot people and use it as spare footage? without being sued that is, risk of. Also how do you apply for local permits?
 
TheJackyl said:
wow is this for real? anyplace to find some moreinfo on exact details, like what if i'm in a park I cant shoot people and use it as spare footage? without being sued that is, risk of.

Anyone can attempt to bring suit for anything. Don't confuse it with being illegal. Just weigh the likelihood of being sued by some yahoo who walked into frame against how much trouble it would be to pre-contact total strangers or roto them out after the fact.
 
Shake,

You dont have your location in your profile. Trust us - we dont want to stalk you, but it helps us answer your questions.

You've gotten responses from Cali, Germany, Canada, and The zone. I dont know if any of those areas pertain to you.

I'm in L.A. so I'll answer regarding what I know. I also shoot the same way when I'm in New York although I haven't even checked their laws/rules. I'm a still fashion photographer and the laws are the same as for motion picture, at least in the U.S. regarding "likeness" and releases for same. In photography we use "model releases". It's a form that people that are photographed sign that gives you permission to use/reproduce their likeness. This is anyone in your frame that is recognizable. If a person is recognizable but part of an enourmous group where you would never even notice the person unless you knew where to look for them, they would still have a case, but so slim a case I would bet they'd never win. If you shoot a scene in a marketplace and the only people in frame are your main character and a kissing couple at a table behind you and that couple is recognizable, you will need a release from them. Get it in writing. Photographers carry a stack of releases in their bags for this very use. You talk fast and make it seem valueless - otherwise they'll want to get paid for the use - and say something like "It seems we got you two in a couple frames of the photo.... you looked great, by the way.... but if you wouldn't mind signing this release.... it only says that you give me permission to reproduce the photo with you guys in it if we decide to use those frames. Yeah... you might end up in Vogue. Or not. I just need make sure you wont come sue me if your wife sees you in a magzine kissing another woman. Oh... that IS your wife. Lucky man. Thanks you so much.".... blah, blah blah. Make it seem like pain in the @aa paperwork and not something you actually need to cover your @ss. So that's for dealing with "atmosphere". (more in a second....)

Now... locations. In L.A., you will need a permit to work in public areas, and it IS area specific : "The 18400-18500 block W. Kensington Dr., Angelino Heights..." Your permit will not allow you to work ANYWHERE in public. Also, depending on the size of your shoot, and the area you shoot in, they may require you hire police to assure public saftey. You will definitely need insurance to pull the permits.

Now, although I have insurance (1.5M coverage) and a permit guy (pulls permits for tons of big shoots, I know him from 24) I never pull permits for my photoshoots. Mostly becasue I'm a last second kinda guy and am terrible at administrative work and I guess I also like the tension of working guerilla and having to talk my way out of situations. In most cases, I go and shoot - sometimes using quite a bit of equipment and assistants and makeup artists and stylists and several models and then when I get asked for a permit I appologize that my professor didnt say we'd need to get a permit for the assignment and would it be possible to get one now from him because the assignment is due tomorrow and I cant afford another bad grade. Usually you'll get a "Just hurry up. And watch that cord, I dont want anyone to trip." And I've even asked a cop or two to stay and make sure we are following the rules and that keeps other complainers away.

Now, back to likeness and location shooting and permits. Lets say you've pulled a permit to shoot on the sidewalk in front of Hollywood and Highland (Good luck. Even televised productions guerilla that.) What you would do to cover the "likeness release" issue is post big 2x3 foot snadwich board signs on the sidewalk on either side of the shoot that says "Film shoot in progress. Entering area gives JoBlooey Productions to use your likeness for...... blah blah blah." That covers your butt. And what you do is take still photos of the signs up in public - where you're shooting - and file those away for the day Mack tries to sue you for including him walking up the sidewalk with his hand on his girlfriends @ss and not his wife is divorcing him because she saw it in your film on opening night at the Chinese Theater.

Now, what the guerilla guys do... same as above, but without the permit. Sets your signs up, keep them up during filming and document it. They will draw more attention than just getting out there and shooting so you have a greater chance of getting shut down - or excercising your B.S. techniques - but it beats having a producer and 3 P.A.s running around trying to get signed releases from everyone that walks past.

-GageFX
 
I forgot about private property. In that case, you need permission from the property owner and even then, you may still need to get a permit from the city depending on how much you disrupt the neighborhood. It will also be good for you to get a property release signed.

Again, would I pull a permit for a private property shoot? Probably not. BUt I would certainly get permission if I were going to enter the property.

-GFX
 
Insurance? The cost

Insurance? The cost

GageFX,

How much does 1.5 million worth of insurance run you?

Chris

PS: I am in Canada and I'm trying to get prices.
 
I have a quote for $1M USD liability over 20 days, at ~$650. This is for shooting in NYC, although I'm based in SC. I'm not sure how they calculate the rates though. Have to find out.

Hoping to find cheaper / better.

Also, NJ requires $2M PLUS $1M workers comp.

I'll be getting more quotes.

Anyone have a list of contacts? Google has become useless in this regard... its been gamed to the point where u can't find anything but spyware sites :-(
 
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