Legal - Filming In Public - USA

El Brenty · Post by **El Brenty** » Tue Sep 30, 2003 6:05 pm

As far as I can make out so far, and I'm not researching this too much because it's an ocean away, the state laws int he USA regarding filming are all pretty similar.

If you want more information on what is required to film in public, this link is typical of what authorities require.

It doesn't mention the implications of filming public people, but what I've trawled through so far implies you can film in public, but preservation of people's identities is paramount, and it would appear that if you want passers-by in your movie, you'll have to have someone standing there handing our release forms by the dozen!

Man that sucks! I feel a touch sorry for you lot!

Ornsack · Post by **Ornsack** » Tue Sep 30, 2003 7:12 pm

That's why on shows like Jackass every damn face, advertisement and billboard is blurred out. Highly annoying!

And then you get shows like Trigger Happy TV (the original British version) and it's very rare that any part of the image is pixellated or blurred out.

foxwood · Post by **foxwood** » Tue Sep 30, 2003 7:51 pm

Thats because Americans want payment for every damn instance that their stuff is sceen and will sue at a heart beat if they are on TV, because they can get money out of it. Bastards.

Carnage7p · Post by **Carnage7p** » Tue Sep 30, 2003 8:04 pm

man people suck sometimes.

SgtPadrino · Post by **SgtPadrino** » Tue Sep 30, 2003 11:38 pm

None of the faces on American Trigger Happy TV are blurred out either, same as Punk'd, and other shows like that. And hey, everything's legal if you don't get caught.

foxwood · Post by **foxwood** » Tue Sep 30, 2003 11:40 pm

Those shows set much of their stuff up, and isn't American trigger happy TV just repeats of British Trigger happy TV so the same laws would spply because thats where it was made right, I don't know laws not my thing.

epsonink · Post by **epsonink** » Tue Sep 30, 2003 11:50 pm

yes this is all true, but wouldnt people want to be on a big hit movie or tv show? I know i would, nobody would have to pay me to get me on the screen.

foxwood · Post by **foxwood** » Tue Sep 30, 2003 11:55 pm

I'm sure they would but they want to get payed, they think they are entitled, they are greedy, they are Americans which is senonames with greed, thats why.

epsonink · Post by **epsonink** » Wed Oct 01, 2003 12:06 am

Dang U.S. people! always wanting more!

Its sad but true

Raptor · Post by **Raptor** » Wed Oct 01, 2003 12:41 am

Originally posted by epsonink
yes this is all true, but wouldnt people want to be on a big hit movie or tv show? I know i would, nobody would have to pay me to get me on the screen.

Welllll that depends, personally I prefer to maintain my privacy

If I'm going to be set dressing for a hit movie, well then I figure I should get paid... or at least compensated in some way. Not greed mind you, but at the price of movie tickets??? LOL At least a couple of movie passes so I don't have to PAY to go watch myself. The other side of the coin is privacy tho. I should be able to go anywhere in public without having to worry about where my image is showing up. For example, if I were a minister walking down the street in front of a strip club, I would probably be a little upset if my image was used on a commercial for that club, or in a movie about how wild the girls were in that club... That's why in most cases, blocks where filming occurs are closed down tot he general public and filled with extras. As much as the concept of filming anyone without their permission appeals to me as a photog, I'm damned glad that my privacy is protected. And yes, most people would be anxious to have their image in a hit movie or TV show, they may not want their image associated with a porno, certain ads, or even certain programs. I really feel that having control over where my image is used is a good thing. Even tho I'm working on a shoot for the local PBS station in late October as a volunteer and will be carrying a bunch of model releases.....

bangoker · Post by **bangoker** » Wed Oct 01, 2003 12:44 am

what if you hang a huge sign that said something like "By passing infront of the camara you agree that your public image may and will be used freely." or something

Raptor · Post by **Raptor** » Wed Oct 01, 2003 12:53 am

Originally posted by bangoker
what if you hang a huge sign that said something like "By passing infront of the camara you agree that your public image may and will be used freely." or something

That is questionable, and one of the problems we are currently wrestling with. On the street, where you can't control entry, then maybe, but unless you have a cam watching the sign, how can you prove that any one person read the sign. There is some case law to provide that if someone does not object to being filmed, then that is implied consent, however the way that case law is handled is pretty 'dodgy' ( love that word!). In order for that to satand you must be able to demonstrate clearly that the person was aware of you filming, and is usually only applied in relationship to shooting news stories on private property. Our current dilemna is in relationship to shooting band video in a club setting for a program we are producing for the local cable access channel. Getting the band to sign off should be easy ( they're getting the publicity ) but the patrons... ahhh there's the rub... never know who doesn't want to be seen on camera in the club. Don't want to scare people off with a model release at the door, so we are looking into posting at the door that by paying the cover charge and entering you understand.. yadda yadda yadda...

2nd_Recon · Post by **2nd_Recon** » Wed Oct 01, 2003 12:58 am

As long as you make sure there is no way to miss it, that might work

epsonink · Post by **epsonink** » Wed Oct 01, 2003 1:01 am

yes, I understand where your comming from... I wish there was an easy way to do it though.

Taxman800 · Post by **Taxman800** » Wed Oct 01, 2003 1:18 am

I live in the US, and i've filmed a lot of scenes on the street, nobody has ever minded, I've even filmed scenes on a highway, and you could probably make out license plates of cars if you wanted. The laws arent strictly enforced, so dont dis us about that. You can dis bush all you want though..

2nd_Recon · Post by **2nd_Recon** » Wed Oct 01, 2003 1:21 am

I'll bet that, as long as they don't see the production, and you don't make a big scene out of filming, you could get away with it

Raptor · Post by **Raptor** » Wed Oct 01, 2003 1:46 am

Originally posted by Taxman800
I live in the US, and i've filmed a lot of scenes on the street, nobody has ever minded, I've even filmed scenes on a highway, and you could probably make out license plates of cars if you wanted. The laws arent strictly enforced, so dont dis us about that. You can dis bush all you want though..

It isn't a law that would be enforced at the time, only after someone complains. For a lot of the productions we do, not an issue, it's when the project goes public at a festival, broadcast or web publishing. And no most people won't care, but the first time someone does, you don't have a leg to stand on without a release.

Carnage7p · Post by **Carnage7p** » Wed Oct 01, 2003 1:48 am

yeah but if you did run into legal problems then you would most likely lose because a person could claim that they aren't legible or something. i know it's crazy but it's also america where people will murder you if you even so much as look at them funny.

2nd_Recon · Post by **2nd_Recon** » Wed Oct 01, 2003 1:48 am

After someone complains once, you'd better have release forms out the bunghole

SgtPadrino · Post by **SgtPadrino** » Wed Oct 01, 2003 1:22 pm

You could always play their own game - claim that you gave them a release form and try your hardest to make them look dumb, which most likely wouldn't be hard, since most of the people in America that sue at the drop of a hat are, well, stupid and single minded.

2nd_Recon · Post by **2nd_Recon** » Wed Oct 01, 2003 1:36 pm

Very extremely true, and easy. plus, I'm just that shady to do it

El Brenty · Post by **El Brenty** » Wed Oct 01, 2003 1:49 pm

Originally posted by foxwood
Those shows set much of their stuff up, and isn't American trigger happy TV just repeats of British Trigger happy TV so the same laws would spply because thats where it was made right, I don't know laws not my thing.

The laws apply only to the country that the filming is taking place in - Where you show it afterwards doesn't matter. If they make a US version of Trigger Happy TV, but film it in London, then British laws apply.

Also, it seems that with regards to US laws, if you film in the street, you're technically not breaking the law unless you're supposed to have a permit, and only if the persons who are identifyable in the film decide to prosecute for unauthorised use of their image. There was a lawfirm I came across that dealt with public nudity issues, for dodgy film makers, that took this view. Although they went further to talk about issues of filming with regards to breaking the law through prostitution, and under-age sex.

[Edited on 1-10-2003 by CamClub]

2nd_Recon · Post by **2nd_Recon** » Wed Oct 01, 2003 2:00 pm

Ok. I don't get any of what you were talking about when you went into the porn industry. All I'm woried about is weather we can get sued if someone just walks past. Remember, most of the people that would just walk past will never actually see the production

El Brenty · Post by **El Brenty** » Wed Oct 01, 2003 2:06 pm

Also, it seems that with regards to US laws, if you film in the street, you're technically not breaking the law unless you're supposed to have a permit, and only if the persons who are identifyable in the film decide to prosecute for unauthorised use of their image.

That clear enough for you?

2nd_Recon · Post by **2nd_Recon** » Wed Oct 01, 2003 2:07 pm

I got that part. I was worried about "Underage-sex" and "Public indecensy"