Odd Copyright Question ???

[Timbo]

I am about to produce a promotion video for an (higher) educational establishment, and as an introduction, this video, will have a “Why this Particular City?”.
So the problem I have is, can I go around filming – or more to the point including in my final video - shop fronts etc, e.g. HMV, Virgin, Next, Alders, Debanems, Ann Somers (!), Dixons (?) etc,etc??
When does a simple high street scene become an advert for one particular shop etc?, and therefor need their consent etc

And what about Arcades, markets?

And again Pubs, Clubs and cafes?

I presume I’d have no problems filming (outside of) municipal buildings e.g. Town hall's ,Art galleries, Museums, parks and gardens etc,etc.

I appreciate if I wanted to film inside a shop / pub / shopping centre or any building etc. you would need the owners permission but what about the outside?

Any help from any one whom as experience of this would be greatly appreciated.
Thank you in anticipation.

[tom hardwick]

I'm a great believer in film-first, ask permission later, Timbo.

If you head off down your street as any tourist would, then you can film anything you can look at. If you film inside Cathedrals and private parks that request you not to, then you'll maybe meet trouble.

If possible go equiped with a consumer camera, not a shoulder mount Betacam that shouts that you're making money rather than home movies.

If it's possible to shoot first, do so I say. If you ask permission you'll be sucked into a web of officialdom, forms in triplicate, refusals. Go into it casually, as any tourist would.

Strangely some London parks are upset by tripods, so a mini one that can be set up on benches etc is a good idea.

tom.

[Alan Wallace]

As far as I can see there is no law restricting your activity as long as you are filming in a public place and not causing a public neusance (crap speller), an obstuction to a right of way or behaving in a manner that is likely to cause a breach of the peace.
Further in English law I believe I am right in saying that trespass is not a criminal offence except in the case of crown property which clearly states that admitance is illegal. Under recent legislation the owner of land or property has the right to ask you to leave and your refusal might be seen as a criminal offence.
In relationship to your footage shot, the act of publishing it ie showing it to a third party may constitute a civil offence if in doing so you incorrectly call into question the integrity of the person or company filmed.
As far as showing the front of their shops on your project, if enough people are going to see it go in and ask them for a free berger for the free advertising.
I am not a lawyer but I think you will find you on safe grounds if you follow the above.

[ChrisBitz]

I had a similar situation with filming Race track days.

If you interview someone specifically for the video, they need to sign a model release form. If you are fimlng a publicly vaailable event that anyone could see (i.e. a car driving past on a track) you don't. I had a few people contact me saying that they didn't give me permission to film their cars, and it turned out that i didn't need permission because it was a "public" event. I think the same thing might be true of the shop fronts question. As long as you don't specifically make them a part of your video, you should be OK....
Think of Watchdog on TV - When they do an item about some shop breaking the law and they have a shot of that shop for the item - Do you think the shop "gave" them permission for that?

Chris....

[Gladders]

A slight variation on a similar theme, what about music? Say you were filming a scene in a park where there was a band playing music still in copyright. This could be edited to be background to the filming, presumably there are implications for both the music writer and the band players?

[Unicorn]

As I understand it -- based on a course I took a couple of years ago, so I may be wrong -- you can use music in your video if it's incidental to the video and you couldn't have shot that sequence in such a way as to avoid the music. For example, if you're interviewing someone in the street and a marching band walks past, you can't exactly ask them to go away, but if you're interviewing them in their house while Top Of The Pops is on the TV you should switch it off.

The kind of use you're talking about would seem to be outside those limits, because you're intending to record it as an integral part of the video.

[ian.smythe]

What's the worst anyone can do, get an injunction to stop you supplying the film, so you then edit out the particular bit and re-release it!

I have on many occasions, over 10 years plus, been told not to film, on public and private property, so I give them my card and say "sue me, oh and I'll see you in the European Court for Human Rights". (There is a rule somewhere in the Treaty of Rome that states that no commercial organisation, government or person can restrict the free trade or movement of another company or person - very LARGE companies have settled out of court over this), I won't even go into the Human Rights bit but my Solicitor told me to say it... and I only need to say this to someone with a bit of sense once and they go away!

Just film first, if you're told to stop then stop, but I doubt you will be.

Nice to know other people share my film first, argue about it later, attitude! (sorry about the spelling - never my strong point.)

[drsolly]

<<I have on many occasions, over 10 years plus, been told not to film, on public and private property, so I give them my card and say "sue me, oh and I'll see you in the
European Court for Human Rights". (There is a rule somewhere in the Treaty of Rome that states that no commercial organisation, government or person can restrict the free trade or movement of another company or person - very LARGE companies have settled out of court over this)

Oh?

Well, you're a person, and I'm a person, and you believe that you can't restrict my movement.

So, when would be a convenient time for me to set up my camera inside your house, so I can
broadcast your private life around the world?

Or should I just turn up any time?



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[ian.smythe]

Hi drsolly

OK, so you're a cleaver arse, but your point is valid...

I don't want to go into legal detail over this (cos we'd be here all year), but if you had permission to enter someones property, or were invited in, then you could "technically" film the person at their everyday business, you could be going down the "invasion of privacy" route though, especially if you broadcasted it without their permission or sold copies. It is a civil matter, not a Police matter unless you broke in!

By the tone of your reply, I assume you've come from Mars and have never heard of the "Satelite in your bedroom" case, the gist was a bloke offered to install sat in his neighbours bedroom, they agreed, he put pinhole cameras in the TV he also supplied and watched and recorded them for several months before they found out! What happened, he was let off with a caution, not for fimling or watching them, but simply for being in possesion of explicit material or something to that effect (I think is was something to do with a child being filmed changing clothing), that was all the Police could do about it, simply because he never broadcasted it or broke in, I think the Law is being reviewed as a result...!

My answer was really on the commercial side of things like filming sport or commercial filming, not personal, but as you can see, (ask ITV about the case, it was on the Neighbours from Hell progs) the legal side of filming "things" is a minefield!

Why do you think there are so many "CCTV in operation" signs around, it's not 'cos they are being nice, it a legal matter....

Another scene, you turned up on my doorstep, I asked you to leave, you didn't, so I "removed" you from the property and broke your arm in the process, who is in the wrong? Think about it...

Both of us - legal minefield - get my point now?