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Permission for shooting

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rick.pearl
Permission for shooting
on Jun 17, 2007 at 7:35:41 pm

I would like to shoot some documentaries, some of which I would need to do in public settings, such as in coffee shops.

1. what is the liability, if any, of shooting video in a public place, like a starbucks, if you receive the permission of the people being shot on camera, but not of the establishment?

2. are there any issues with blurring out someone's face who you did not receive permission from, but keeping their voice on tape if you can hear them in the background?

thanks.


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Todd at Fantastic Plastic
Re: Permission for shooting
on Jun 18, 2007 at 1:38:05 am

Well, first of all... make sure you know what is public and what is private.

You said "a public place like a Starbucks." A Starbucks is very definitely NOT a public place, it is a private place. A "public place" is going to be a street, a city park, whatever... but anything like a coffee shop is going to be private property.

So the answer is YES, you must have permission not only from the persons being photographed, but from the property owner as well. If you wish to have your film distrubuted, a distributor may require you to provide signed releases... not only talent releases for the people appearing in it, but also PROPERTY releases signed by the owners or controlers of any private property you shoot on.

And yes, there are issues with blurring someone face if you can still hear and recognize their voice.

I'd suggest contacting an entertainment attorney for all the particularities and legalities. Not just any old lawyer... needs to be an entertainment attorney.


T2

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






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Tom
Re: Permission for shooting
by
on Jun 18, 2007 at 10:55:33 am

Also to add to Todd's great reply, if you use an image with the trademark name visible ( Coke, Nike, Starbucks ) be sure to get written permission. Even hollywood has to do this.

good luck
Tom


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Kerry Brown
Re: Permission for shooting
on Jun 18, 2007 at 5:14:43 pm

Not sure about trademarks, they are not a copyright issue.
What about cars in your bakgrounds? Ford emblem? You are not violating their trademark by showing them in your film. Normally trademarkks are blurred or not shown due to them not agreeing to pay a fee to have them shown.

KB


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walter biscardi
Re: Permission for shooting
on Jun 18, 2007 at 11:01:03 am

[Todd at Fantastic Plastic] "So the answer is YES, you must have permission not only from the persons being photographed, but from the property owner as well. I"

And just to add to this, you will need permission not only from the local franchisee, but in the case of a chain like Starbucks also from the corporate headquarters. This will be true of any retail / restaurant chain.

Walter Biscardi, Jr.
http://www.biscardicreative.com
HD Editorial & Animation for Broadcast and independent productions.

All Things Apple Podcast! http://cowcast.creativecow.net/all_things_apple/index.html

Read my blog! http://blogs.creativecow.net/WalterBiscardi


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Bruce Bennett in Madison, WI
Re: Permission for shooting
on Jun 19, 2007 at 1:43:42 pm

We had a copyright attorney present at our local MCA-I chapter meeting this year. She indicated that you cannot have copyrighted material in the shots (subject matter and/or background). Things like paintings, movie posters, band posters, t-shirts with copyrighted designs, etc. And, believe it or not, tattoo artists hold the copyright on everything they do if they haven


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grinner
Re: Permission for shooting
on Jun 20, 2007 at 3:04:39 am

you need a release from anyone who speaks. (technically)
Chain stores are hard because of company policies sometimes. I have great luck, walking in, being nice to the manager and lettin em know what I am up to. Phone calls are no good here... not at this level. Just too easy for em to say no. At the same time, ya can't show up with a crew ad start asking then either. Feel it out before hand. Use your people skills. Smile alot.



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rick.pearl
Re: Permission for shooting
on Jun 20, 2007 at 5:09:31 am

What if I am somehow able to shoot video in some establishment, though I do not get permission to do so.

What if I do not show a corporate logo, though some of the corporate colors
and decor is visible. So maybe it is at a Starbucks and the green colors on the wall are visible, or the blue and yellow of a Blockbuster video store???

Thanks!!!!


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Bruce Bennett in Madison, WI
Re: Permission for shooting
on Jun 21, 2007 at 12:22:46 pm

[rick.pearl] "What if I am somehow able to shoot video in some establishment, though I do not get permission to do so."

Plain and simple. If you do so, you have exposed yourself to future legal problems.

Bruce Bennett,
Bennett Marketing & Media Production, LLC - http://www.bmmp.com


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