Need permission to film public events?

O

offbeatbryce

Well-known member
Hello,

As a filmmaker or photographer do I need permission to film or photograph a minor that's in a public setting such as 4th of July parade or some public production put on by an after school program? In some cases my films which I have a photographer with me will be using the final project for promotional purposes which I won't make any money back on. Other Projects I will be selling DVD's to other people.

I will be hired by a school later this year to film a parade the school puts on in honor of a school student. The school will be overseeing my project but the parade is after school hours. Most parents will just drop their kids off and let them join the parade.

Do all the parents need to sign a release? The school has like over 500 students. grades 1-6 will be in the parade.

NOTE: School has already paid for my time in meetings about the project and pre production discussion. I'm filming later this year.


thanks,

Bryce
 
Maybe. Depends on the state & local laws, the school district's policies, if some parents "opted out", if the event is held in a public place that lack a reasonable expectation of privacy (ie- an open street or park), or in a space with a reasonable expectation of privacy (classrooms, probably).

This looks like a decent overview:
https://thelawtog.com/legal-issues-of-photographing-school-events/

As does this:
https://www.thefire.org/the-right-to-film-on-campus/


But in my experience, when filming kids in a way where individual kids will be recognizable, especially in situations where you plan to profit (ie- sell DVDs), you may need model releases. I haven't done exactly what you have, but I have had to deal with getting approval from schools and getting releases from parents...but that was for shooting in a single classroom, so it was a lot less burdensome than what you're thinking.

So maybe next step is to find out the local laws and get the specific school-district policy. Or something in writing from them saying you're clear to record on campus.

As for recording the parade if it's in the street for a commercial/profit product, I don't have experience with that. Hopefully someone else here will chime in.

Hope this helps at least a little...
 
Jim Feeley said:
Maybe. Depends on the state & local laws, the school district's policies, if some parents "opted out", if the event is held in a public place that lack a reasonable expectation of privacy (ie- an open street or park), or in a space with a reasonable expectation of privacy (classrooms, probably).

This looks like a decent overview:
https://thelawtog.com/legal-issues-of-photographing-school-events/

As does this:
https://www.thefire.org/the-right-to-film-on-campus/


But in my experience, when filming kids in a way where individual kids will be recognizable, especially in situations where you plan to profit (ie- sell DVDs), you may need model releases. I haven't done exactly what you have, but I have had to deal with getting approval from schools and getting releases from parents...but that was for shooting in a single classroom, so it was a lot less burdensome than what you're thinking.

So maybe next step is to find out the local laws and get the specific school-district policy. Or something in writing from them saying you're clear to record on campus.

As for recording the parade if it's in the street for a commercial/profit product, I don't have experience with that. Hopefully someone else here will chime in.

Hope this helps at least a little...
Click to expand...

Okay thanks,

It's interesting because the news shows up and films anything from sporting events to plays at schools and as far as I know they have never been in any trouble
 
Ya, but doesn't sound like your project is news. Again, check with the school's policy. Some schools tell parents something like "Your kid might be photographed/filmed while at school. Contact us to opt out in writing." It would be good know their exact policy, get a copy of that policy, and perhaps get a letter/agreement saying it's OK for you to record the events you've been hired to record. Should be fairly SOP for them to offer.

And see if there are any kids who've been opted out of being filmed and how you'll be guided to avoid recording any such kids. Sometimes kids are opted out for no clear (to me anyway) reason, sometimes because of some hairy custody thing.

But you don't want, I'd think, one upset parent to mess up your shoot, or your delivery. Not being paranoid, just reflecting on my experiences as a parent who saw some of this stuff in our district, and as a guy who worked on a couple documentaries that included filming in schools.

Sounds like getting something in writing from the school will be not big deal. But it's worth getting, imo.
 
Jim Feeley said:
Ya, but doesn't sound like your project is news. Again, check with the school's policy. Some schools tell parents something like "Your kid might be photographed/filmed while at school. Contact us to opt out in writing." It would be good know their exact policy, get a copy of that policy, and perhaps get a letter/agreement saying it's OK for you to record the events you've been hired to record. Should be fairly SOP for them to offer.

And see if there are any kids who've been opted out of being filmed and how you'll be guided to avoid recording any such kids. Sometimes kids are opted out for no clear (to me anyway) reason, sometimes because of some hairy custody thing.

But you don't want, I'd think, one upset parent to mess up your shoot, or your delivery. Not being paranoid, just reflecting on my experiences as a parent who saw some of this stuff in our district, and as a guy who worked on a couple documentaries that included filming in schools.

Sounds like getting something in writing from the school will be not big deal. But it's worth getting, imo.
Click to expand...

But the school event I'm filming takes place after school and it's considered a public gathering parade. Can the schools policy still apply if just one teacher is operating the parade with the kids and parents? To me it would seem like there would be a different policy since it's happening outside of school hours.

I once was hired to film a public workshop and some guy got made at me filming him in the middle of the workshop and all I said to him was "I'm sorry, but I've been hired by the staff at this building to film this" Guy was still pissed and I checked with the staff afterwards and they said they don't have to clear anything. I'm just curious if they really need to or if I do if I'm being hired by someone else. Is it their problem? Like say someone were to sue me or press charges could I use the school or teacher or whoever it was as my defense and say "so and so hired me and they already said not to worry about it"?
 
Shooting for news use and a commercial, for profit or production project are different. And it varies by, jurisdiction, venue, etc. Lot's of variables. I shoot a lot of network and broadcast TV, generally speaking I've never seen anyone sign a release for one of the nets I shoot for when we are shooting what would generally be considered "newsy" type stuff, even feature sit-downs. But another client that is the production arm of a certain sports governing body and producing content for networks that air the events generally has everyone we shoot sign a release, even the "athletes". I also see venues post notices at their entrances stating that "filming" is going on inside and that by entering past that point you consent to the use of your image, etc. There also may be language of sorts on tickets to events, etc. I know this may not be much help to you, but it can be tricky and the last thing you want is to end up with footage that you can't use or with someone suing you and you're not covered/protected.

The rule of thumb I've generally lived by, if it's "news", no release needed, pretty much anything else, a release of some sort is needed.
 
Run&Gun said:
Shooting for news use and a commercial, for profit or production project are different. And it varies by, jurisdiction, venue, etc. Lot's of variables. I shoot a lot of network and broadcast TV, generally speaking I've never seen anyone sign a release for one of the nets I shoot for when we are shooting what would generally be considered "newsy" type stuff, even feature sit-downs. But another client that is the production arm of a certain sports governing body and producing content for networks that air the events generally has everyone we shoot sign a release, even the "athletes". I also see venues post notices at their entrances stating that "filming" is going on inside and that by entering past that point you consent to the use of your image, etc. There also may be language of sorts on tickets to events, etc. I know this may not be much help to you, but it can be tricky and the last thing you want is to end up with footage that you can't use or with someone suing you and you're not covered/protected.

The rule of thumb I've generally lived by, if it's "news", no release needed, pretty much anything else, a release of some sort is needed.
Click to expand...

okay, so lets say this parade was for promotional needs to discuss about the parade and what is it as a newsworthy story that wasn't really on the news but was on my portfolio that promoted the parade and I made no money off of it?
 
If it is a public event, I'd say no. Once a person is in public, even a minor, then there is no expectation of privacy. However, you can't take an image of anyone and make it your Movie Poster, front cover, or give the appearance of making money off that specific image. If the image is a part of your filming a public event, you will be fine.

The only issue I see is when you are not filming in a public venue, then people can claim the expectation of privacy and then I'd say you need releases.

Also, if the imagery doesn't show the person in an unfavorable light, you are probably safe as well.

It is only when people feel like they are being taken advantage or being exploited or shamed that they would take any legal action, and even then, they would have to show some kind of damages caused.

If you are paranoid about it, then you can always shoot everyone from behind or shoot with shallow dof to blur a bit, then there's nothing really identifiable. I see news crews doing that a lot, especially if they are filming something sensitive like homeless people or mentally ill or something like that. It just shows sensitivity. I think the main thing is to use common sense and put yourself in the other person's shoes. Do you have an expectation of privacy at a parade? Would you be upset if you saw a camera person pan with you in the shot?

Also, most people can see you coming a mile away and if they don't want to be in the shot, they have ample time to turn away or obscure themselves somehow. But if you don't want to be filmed in public, then don't go in public. That's my perspective at least. Or wear a hat and sunglasses. Otherwise, you are totally fair game. If you question this, then how does the papparazzi do what they do every day?
 
This is a tricky subject in our 'everybody is a filmmaker with their phone' culture we live in today. Media and images are everywhere so it seems everybody is ok with being filmed, but in my experience, parents and their kids can be a difficult situation. As Jim stated, there are some kids at schools that have a 100% no images directive. How do you know who these kids are? Also, you might have a logical argument but if a parent thinks you are in the wrong, then it does not matter in the end because everybody will want to avoid the ensuing storm so to speak.

Like so many situations, you will probably be fine...until you are not.
 
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