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Image Releases
by Dustin DePree on Jun 30, 2009 at 9:05:02 pm

I am shooting a documentary and will be covering the anniversary of Elvis's death in Memphis. Tens of thousands of people will be there. I will be covering "my subject" mingling with these people and on the streets of Memphis. What is the protocol for covering an event like this for a doc. If I am shooting and capturing people's images and it ends up in the doc, could there be a legal issue? All other projects I have worked on have been very contained and I had participants sign release forms. Please help. I may be also shooting in Vegas where subject is walking up and down the strip.

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Re: Image Releases
by Todd Terry on Jun 30, 2009 at 9:40:48 pm

I will let other more legal-minded heads address the issue of shooting people in public at the Memphis event....

but....

[Dustin DePree] "I may be also shooting in Vegas where subject is walking up and down the strip."

If you do that, keep in mind that Vegas is one of the more permit-happy and shooting-regulated cities that you will deal with. If you are seen shooting with anything that looks like it might be more than just a home-movie palmcorder, you will be approached by police (usually quite quickly) who will ask to see your film permits. In addition, if you plan to shoot on Freemont street there, that requires a completely separate permit over and above the regular Vegas film permit. During one experience on Freemont just taking a camera out of its bag resulted in a swarm of bicycle cops decending on us wanting to see permits. Which fortunately we had.

They're not hard to get... just ask nicely, ask early (they don't like to book too many shoots in the same areas in the same timeframe), and happily pay the permit fees.

I've heard that a way around that is to schedule your shoot during NAB week... there are so many cameras floating around the city being "test driven" that I've heard the authorities look the other way as far as permits go, but only during NAB. Or so I've heard. Haven't tested that.


T2

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Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
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Re: Image Releases
by Noah Kadner on Jul 1, 2009 at 7:20:31 pm

Yeah what Todd says. I've gotten away with shooting on Fremont Street *only* during NAB. That's almost a year away so, get those permits started.

Noah

Writing RED: The Ultimate Guide to Using the Revolutionary Camera!. Unlock the secrets of the DVX100, HVX200 and Apple Color.
Now featuring the Lens Adapter Guidebook, Sony EX1 Guidebook,
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Re: Image Releases
by Dustin DePree on Jul 1, 2009 at 7:31:26 pm

So essentially any where you shoot on the street from LA, to Memphis to Vegas you should get permits?
Secondly, any thoughts on the shooting of people surrounding your subject and what the protocol is with having them in your film? People who are just casually walking up and down street and happen to get in your shot.

Thanks

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Re: Image Releases
by Todd Terry on Jul 1, 2009 at 7:40:38 pm

[Dustin DePree] "So essentially any where you shoot on the street from LA, to Memphis to Vegas you should get permits?"

No not necessarily. In LA, yes... in Memphis, probably (I don't really remember, although I've shot in Memphis unpermitted before). As for points in between, it just depends on the place... and the rules and regs for the particular city/town/state/village you happen to be shooting in.

Some places are very strict about permitting... and very vigilant about enforcing them. Some have absolutely no rules or regs at all.

Some permitting is cheap, some is more expensive. I'm just pulling these numbers from memory, but if I recall correctly permitting for shooting in Vegas was quite cheap, except for shooting in the Fremont Street area. There I think it's about $250, if memory serves (but it's been a while). Other cities have varying scales, too. In San Francisco it's pretty cheap to shoot in, say, Alamo Square... but shooting near the airport will be a few hundred bucks ($400 minimum and going up depending on crew size, if I recall).

You'll have to find out case by case. And this is not one of those situations where it's better to "ask forgiveness later rather than permission first." That usually won't fly.


T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com






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Re: Image Releases
by Dustin DePree on Jul 1, 2009 at 7:57:02 pm

so if I am understanding, not sure if I am. Does the permit allow you to shoot all people as well. So say for instance, I am shooting subject and person is in shot in background, apparent. Do I need to get some kind of release from that person?

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Re: Image Releases
by Noah Kadner on Jul 1, 2009 at 8:05:09 pm

A city filming permit has nothing to do with people only public spaces. A Permit is permission from the city to film on the public spaces the permit is good for- typically the sidewalk in front of an address you specify.

People you must get their permission either on a person by person basis or if it's really background you can get away sometimes with posting signs warning of filming in progress and stating if you pass the sign you give consent to be filmed. But check with your lawyer on this before you do anything.

Private businesses/homes you must get permission and possibly pay a fee to the owner, depending on the city and how much it's been filmed.

Make some calls man and visit the city websites for permits, this stuff doesn't produce itself. :)

-Noah

Writing RED: The Ultimate Guide to Using the Revolutionary Camera!. Unlock the secrets of the DVX100, HVX200 and Apple Color.
Now featuring the Lens Adapter Guidebook, Sony EX1 Guidebook,
DVD Studio Pro and How to Light Interviews.
http://www.callboxlive.com

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Re: Image Releases
by David Roth Weiss on Jul 1, 2009 at 8:29:20 pm

[Dustin DePree] "say for instance, I am shooting subject and person is in shot in background, apparent. Do I need to get some kind of release from that person?
"


Dustin,

There's no need to be paranoid, just use common sense. If a person is in a public place where they have no reasonable expectation of privacy, they are essentially fair game, so long as you are not besmirching their character.

Now, that doesn't mean they can't try to sue you anyway, or that you would not have to pay to defend yourself, nor does it necessarily mean that you would prevail in a court of law in every case. What it does mean is that, typically, you don't have much to worry about unless you have very deep pockets, or that you are going after someone in a particularly heinous way, or that the lawyers at the movie studio distributing your film dislike you intensely.


David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™


A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.


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Re: Image Releases
by David Jones on Jul 1, 2009 at 10:56:20 pm

Hi Dustin-

I agree with David. I'm not a lawyer, but I've worked in news and documentary filmmaking for the past 15 years. As long as the people you are shooting are in a public space, and you're not de-faming their character, I wouldn't worry about it. If someone objects to you about being filmed, I would make sure they don't end up in the final cut, though. If your subject makes contact or interacts with anyone, do your best to get their permission (in writing) to use them in your film.

Again, this is not legal advice, just my own MO :-)

Regards,
Dave J

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