What are the legal risks when you film in places and events where people will inevitably wind up due to Video Laws in the backgrounds of your shots? Hi, I’m entertainment business lawyer at Harshad warship.
This asked and answered where I answer common entertainment law questions to take your career and business to the next level. Amber is a documentary filmmaker who recently shot fashion week and some related events.
She wrote in to ask about this. She says I’m a little nervous about some of the background shots where people at certain circumstances we felt were filmed at a trade show and a fashion show to Video Laws.
I figured that these were open to the public for filming since they’re generally a ton of press of Video Laws.
These are all media TV film web series social media centres of Video Laws for trade shows or public events that purposely invite the press.
Is it legal to video tape people in public without their consent in India ? Laws ?
would I be covered for that as far as legalities go no one is in focus, but they are definitely in the background? This is a tricky one the basic rule because anyone identifiable in a shot should sign a release.
Unless you’ve done some poster release a place isn’t public unless it’s government-owned and generally open to the public with no admission charge ticket of Video Laws .
So if the attendees at an event were either invited or paid for tickets that would not be deemed a public place. Suppose an event is held at a gallery or meeting room. In that case, a hotel convention centre is not a public place.
Those in attendance might have a reasonable or some expectation of privacy. What they’re doing they’re not going to be filmed while they’re in the venue or what have you now.
Is it illegal to video tape someone without their consent ?
Suppose the background folks are indeed out of focus.
In that case, you might get away without sign releases assuming nobody could quickly identify which means you couldn’t remember them to obtain those releases for Video Laws .
Still, suppose anybody has a very distinctive appearance due to clothing or hairstyle or something about them.
In that case, she probably could be readily identifiable now bonafide press, by the way, has a slightly different standard since what they’re covering is presumably newsworthy.
Also Read :
Is video recording legal in India ?
Thus they tend not to worry so much about releases relying instead on strong first amendment protections, which also applies to documentary filmmakers with Video Laws.
Still, unless you’ve got press credentials for the event, I think you’d have a more challenging time defending on this basis. Hence, the bottom line, I think it’s a little risky to proceed with your film without blurring those faces and distinctive identifiable features in Video Laws.
A moment ago, I mentioned Video Laws that poster release is essentially a poster or sign that you put up near all the entrances to the place you’ll be filming. It says that by entering guests at the event or whatever is consenting to be photographed and filmed and recorded, that footage can be used.
I’ve got a freebie for you you can get a sample of this kind of release by visiting fire mark.com slash free poster now this kind of post-release of Video Laws is a great approach when you’re filming in public places.
if you’ve got permission from the venue and the event operators to do it. However, there must be some way for those who don’t consent to still attend without being filmed.
Otherwise, they could argue that the release isn’t valid involuntary.
So that’s going to wrap it up for another session of asked about Video Laws and answered if you have a question you’d like to see here visit fire mark.com slash queries and let me know and I’ll see you next time.