How does it work legally when filming (I will take replies as unofficial, I realize those replying may not be lawyers and do not want to take legal risks answering, I am looking for any knowledge, feedback, experience on these legal issues that I should think are common to filmmaking):
(1)when you have many people in the background who are not actors, like when filming a scene of two actors in a busy downtown area, and various citizens are walking around?
(2)what about license plates of cars that belong to non-actors that end up in a film, like from cars in a busy street area being filmed, and for that matter the many signs of storefronts?
(3)I want to film a scene in a cemetery--I can make a fake tombstone for the focus of attention, but what about the other tombstones in the background that might end up on film? And is filming in cemeteries legal, is it considered a public place, like if I want to film a scene of actors feeding the ducks at the pond at the cemetery?
Don't take the chance. Blur, that's what I say. If you blur the folks in the back of a crowd it can look like you focused the camera that way. LIcense plates are trickier but if they are moving you can blur them and most people won't notice. If they are parked use layers to put another licence plate over the right one. For the tombstones you should use the opportunity to put the names of cast and crew onscreen. I don't know if it matters in any case but I would avoid the complications.
RJSchwarz
San Diego, CA
RJSchwarz
The following is based on a filmmaker who is making a movie for wide distribution - DVD, festivals, theatrical, TV. If you are making a movie for yourself and will only put it on YouTube and show it to your friends the "rules" don't apply.
quote:
Originally posted by Beowulf
(1)when you have many people in the background who are not actors, like when filming a scene of two actors in a busy downtown area, and various citizens are walking around?
This can be a problem. Not likely, but the distributor will want signed releases for each person seen on screen. That's why companies use paid extras. There are some exceptions. Since my movies are low budget I don't take the chance and don't make movies on a busy street where I might photograph someone who doesn't want to be in a movie. Take a little creativity, but that's what we do - be creative.
quote:
(2)what about license plates of cars that belong to non-actors that end up in a film, like from cars in a busy street area being filmed, and for that matter the many signs of storefronts?
License plates must always be props or blurred. Always, no exceptions. Store fronts and signs vary depending on the owner of the copyright you are photographing. It's best to get a release for each one seen. There are some exceptions.
quote:
(3)I want to film a scene in a cemetery--I can make a fake tombstone for the focus of attention, but what about the other tombstones in the background that might end up on film? And is filming in cemeteries legal, is it considered a public place, like if I want to film a scene of actors feeding the ducks at the pond at the cemetery?
While a cemetery is a public place it isn't public property. You will need permission from the owner to shoot there. Ask the owner about which tombstones or areas are out of bounds.
The bottom line is the distributor is going to want everything covered in writing. They cannot afford a legal issue even if they win. It's just not worth it for them.
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The aim of an argument or discussion should not be victory, but progress.
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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)
Thank you for the lengthy and informative reply. Yes I will just have to be sure no strangers are in the bg, get releases of any that are. or I should think if using e.g. f2.8 so they are blurred then they are not identifiable and it would not be an issue.
Cemetery issue solved I think--found a cemetery where there are many setups available where I can shoot tombstones so no names are visible.
License plates? One would think there would be a phone equivalent of 555-xxxx for some sort of magnetic license plate to put on a car for a movie scene.
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I don't doubt the big studio prop departments have boxes of licence plates they can use.
I should think there would be a good business opportunity creating props, such as licence plates, fake branks of beer, soda and cigarettes.
RJSchwarz
San Diego, CA
RJSchwarz
