Filmmakers rights in public!

[david farland]

Mark,

Glad your episode described here (http://www.reduser.net/forum/showthread.php?t=1496) ended well. As you probably know they were defaming you and I'm not sure there wasn't an element of passing off as well.

I live in Australia and the US law is quite similar except in the American constitution they have a Bill of Rights.

Basically in Oz as a member in public you have no rights unless you’re being defamed or it’s ‘passing off’. Think paparrazi on your lawn!

Passing off is when they use your image for commercial purposes. And contrary to common belief they do not need a release form from you for movies!

This is the best summary I’ve seen. It’s an OZ based document.

http://4020.net/words/photorights.shtml (http://4020.net/words/photorights.shtml)

It a long document but VERY interesting. It says for example :

What constitutes "commercial use"? The relevant law here is Passing Off and Misleading Conduct (http://en.wikipedia.org/wiki/Personality_rights#Common_law_jurisdictions). In a photographic context, "commercial use" does not mean selling a picture, but rather the use of a person's likeness to endorse some product or service, or to entice you to buy it.

A few examples to make this clear:

A photographer hosts photos on their website and offers prints for sale. Non-Commercial — they are merely selling individual photographs, not using the people in them to endorse or sell any product or service.
Fizzy drink manufacturer runs a magazine-ad featuring a candid photo of someone drinking a can of their product. Commercial Use — they are trying to sell a beverage. Requires a signed Model Release.An American version is here: http://www.krages.com/bpkphoto.htm (http://www.krages.com/bpkphoto.htm) called "The Photographer's Rights"

This is a very important topic and probably warrants its own thread because as filmmakers you need to know your rights in public. For example in New South Wales you have the right to film on the street unless you are blocking the free movement of public and it is not a commercial undertaking as this contravenes a 1932 law that says you must get council permission if you’re carrying out a commercial shoot.

Cheers,

[Ralph Oshiro]

At least in Los Angeles, and the municipalities in Los Angeles County, you have NO rights as a filmmaker. Zip, zippo, zero. No permit--no shooting (even on private property). No $1-2 million liability insurance--no permit. No fire marshall approval--no permit, no shooting, no kidding. Basically, everywhere you go in L.A., the answer is, "NO." There are three exceptions: 1. "Family" video. 2. Criminal investigation video (typically shot by, duh, the police). 3. News-gathering. Typically, "paparazzi" fall under "news," and are allowed to shoot from anywhere that is public property (e.g., sidewalk).

[Nick Shaw]

There was a rumour recently in the UK that an EU law was going to be passed which effectively prevented any filming or photography in public places without getting explicit permission from any person who appeared in the images. It would have prevented the use of shots like the classic long lens sea of bobbing heads in a crowd. This fortunately turned out to be untrue.

My understanding of UK law is that it is ok to use footage of people in public places without their consent, unless you are specifically featuring a person and by doing so making an implication about them in the context of the film. This is of course what was done in Mark's case, and is totally unacceptable.

Of course, I'm not a lawyer!

[david farland]

Are you saying your state law trumps your constitution....?

Here in Oz, the local munipalities often try and pass laws which they have no ultimate legal right. Very complex and unless you really know the law and can cite it and the harrassment laws, there is a lot of bluff.
Be nice to see the local acts. $1-2 million seems low. What is the premium?

Here we also have an Arts Law Society (http://www.artslaw.com.au/default.asp)that gives free legal advice to members ($90Aus/Yr). Hope you have something similiar.


Cheers,

[david farland]

Nick,

I know the French have some 'wild' copyright/freedom of expression laws!

[Martin Drew]

I think you are right Nick. You might be asked to move along for causing an obstruction if you have a tripod set up of course.