Filming children legal issues in Australia?

[sbaileymediaman]

I'm going to be shooting a highlights video of a World Youth Day reunion event, problem is about 500 of the participants will be under 18 which could bring about a whole range of legal issues.

My client, the event organiser, is hoping to have lots of on-camera comments and close ups of students participating and enjoying the workshops and concerts but I will be unable to get parental permission for the students I film.

The event is being held at a school and the concert is in a big school hall, so it is not on public property and as far as I am aware, if on private property, (paritcullarly schools) camera crew need permission from the parents to film children.

What are my rights in a situation like this in Australia? I just don't want to have an angry parent ringing me or the client demanding to know why their child is on YouTube when they are not supposed to be filmed.

Thanks!

 

[j1clark@ucsd.edu]

I'm going to be shooting a highlights video of a World Youth Day reunion event, problem is about 500 of the participants will be under 18 which could bring about a whole range of legal issues.

My client, the event organiser, is hoping to have lots of on-camera comments and close ups of students participating and enjoying the workshops and concerts but I will be unable to get parental permission for the students I film.

The event is being held at a school and the concert is in a big school hall, so it is not on public property and as far as I am aware, if on private property, (paritcullarly schools) camera crew need permission from the parents to film children.

What are my rights in a situation like this in Australia? I just don't want to have an angry parent ringing me or the client demanding to know why their child is on YouTube when they are not supposed to be filmed.

Thanks!

I don't think I know the answer even were the event in the US. I would consult with an attorney directly...

In anycase, I think the following apply.

1) General shots of 'people' as in crowd shots, etc. should be OK without a zillion releases, if you have the organizer's permission to shoot at the event.

2) If there is some area were filming is more likely to occur, signs should be posted
that filming is in progress, and that those not wishing to appear on film, should avoid the area. For 'man/woman/child' on the street interviews, this could be set up in some corner, or small 'area' so that the general public need not be too inconvenienced.

3) Have plenty of releases, and should someone look under the age of consent, ask age, then ask for parent/guardian signature for release.

If the event is a generally supported activity, then most parents will probably be ok with releases. They may want to see the type of questions being asked, etc..., but otherwise, they should be ok with the filming.

As a note, if the event organizer has 'official' badges or identifiers, those should be worn in prominant display, with some form of 'Official Event Photographer/Cameraman', etc., wording.

Also, I don't know if this would work in Australia, nor whether it would work globally in the US. But if the event organizer placed notices of 'filming', such notice would cover for the general crowd shots, or other 'incidental' shots, where people, adults or children, could be in the frame.

In the US there is the concept of 'public place', and general crowd, or 'inspecific' shots are covered, for 'news reportage'. In the case of a 'private property', whoever owns the property grants the right for a film crew to be there, and by the same token, requires of those entering the property, that they have tacitly agreed to certain conditions, namely, possibily being captured on film.

 

[legalrights]

Filming children legal issues in Australia?

Filming children legal issues in Australia?

In Australia when using children in the creative process it is necessary to balance the interests of an artist and the interests of the children they work with. So if you are working with, or using, children in any part of the creative or artistic process, what are the legal rules that apply? Bill Henson’s exhibition created an unusually high level of debate. Prior to the furor Henson was one of Australia’s most prominent photographers but he wasn’t well known outside the art world. The media attention changed all that. This article considers the legal considerations in the Henson matter.

apostille info

 

[zoob]

The event organizer should have included a clause in the participation agreement that the organization (represented by you) will be filming with all rights, priviledges, and releases self-inclusive, copywritten, and being the exclusive property of World Youth Day.

"The participants shall have no expectation of privacy and all footage will be indemnified against all prosecution. Signing this form below means you agree with the above statement and will hold World Youth Day harmless with all promotions in the past, present, and future."

Signed __________________________