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Another legal question
Does anyone know the legalities of video taping in public? I need to shoot some footage of Christmas shoppers and stores and parking lots. I live in Dayton, Ohio and have contacted one of the local malls to get permission. So far no call back. Not surprised. I am looking for wide crowd type shots, storefronts, without store names, just generic type scenes. Since this public space is privately owned, does that mean I can’t video without permission? What about outside in the parking lot? The video is going to be incorporated into a short (5 min) Christmas video to be shown at my church. Any thoughts and advice on how to get the needed permission, would be appreciated.
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6 Replies
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Why don’t you contact some of your local evening news stations? I bet they run into this sort of thing all the time and would be in a good position to offer the benefit of their experience dealing with the legal issues in your area.
– Don
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https://www.centerforsocialmedia.org/fairuse.html
presents a fairly aggressive few of fairuse in documentary film-making. Their views coincide with my own, but I am sure you will hear from people who would recommend a more conservative approach.
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You need permission to shoot on their property, period. You can shoot what you want on public access but be careful what you shoot. IF IT IS TO BE BROADCASTed you need permission from that store or person if it (they) can be recognized. Still the best is to get an okay (in writing) from “them”.
b
Bob Vick sr promo guy @ ch3 wwmt tv, kalamazoo, mi
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Doug,
As long as you are on public property, you can shoot what you want. I am a long time news photog and have shoot lots of people in public with no problems. Also let me say that when I shot for HGTV we did get releases. But you are shooting for your church and not for broadcast you should be able to shoot what ever you want. If you are worryed, shoot compressed shots of crowds, feet, legs, headless people. but stay on public property. -
I thought that as long as I was on public property I could shoot whatever my camera can see. I finally got a call back from my local mall and they said I could shoot video of decorations, but I would have to come early and I would not be able to video any people. I took a different route with my project. Thanks for the suggestion of shooting legs and feet and headless bodies. Had not thought of that idea. Maybe I’ll use that next time.
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There is a major difference in what a news organization is allowed to shoot in the interest of news gathering and what a private individual can do for purposes other than news.
Even if you shoot on public property that does not mean you do not have to obtain a property or person release for the rights to use such images for commerical purposes.
When in doubt get the rights in writing to avoid any future issues.
Tony Salgado
Tony Salgado
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