Expert’s top tips for legal and safe public recording
Key Findings:
- Expert explains top five things to avoid while filming in public
- Expert explains why you shouldn’t film people without their consent or film on private property without permission
- The expert gives tips for recording in public
Now that everyone has a film camera in their pocket, it’s become much more popular to film people in public. However, there are strict privacy laws surrounding public filming, and if you want to use your film for a commercial purpose (yes, YouTube and Instagram count), you need to be aware of the rules.
“Failure to comply can lead to big fines or being sued, so it’s best to respect the law,” says Michael Holmes from (https://vidpros.com/), a professional video editing service. “But you should also consider whether it’s ethical to film in a certain situation, even if it doesn’t violate the law.”
Filming People Without Their Consent
In general, people have what’s known as ‘a reasonable expectation of privacy.’ This means that filming someone doing something that would be considered private—like, for example, attending a doctor’s appointment—without their permission would be considered a violation of the law.
People in public spaces generally don’t have an expectation of privacy because they are out in public, but the law considers things on a case-by-case basis. This means if someone could argue they had an expectation of privacy, you might end up in trouble.
People’s expectation of privacy also differs depending on their job and level of fame. For example, it would be more acceptable to film Paris Hilton on the street without her explicit permission than to film a member of the public at random. Children also have a much higher expectation of privacy and should essentially never be filmed without their parents’ explicit permission.
Filming People Doing Something Embarrassing
Although it’s become a trend to film people in embarrassing moments, like someone struggling to reverse their car into a parking space, filming and publicly uploading these clips could cause distress and reputational damage to the subject. Ethically, it is unkind and rude to film and upload someone struggling or when they’re having a bad moment. Filming and posting something that damages their reputation could also leave you at risk of being sued for defamation.
“Determining whether something is defamation is tricky and can be a very long, complicated process in court,” Michael says. “Court cases are extremely stressful, and while in the UK you can have the other side pay your legal fees if you win the case, you have to pay for everything in the USA. If someone sues you for defamation and the case drags on for months, you could go bankrupt trying to pay your attorney, so it’s best just to steer clear of posting anything that could be considered defamatory.”
Filming On Private Property Without Permission
The landowner sets the rules regarding filming on privately owned land. If they have asked you not to film and you still do so, you can be escorted off the property. Always establish whether the location you want to film in is public or private property, and if it’s the latter, obtain permission before filming.
“In some places you might need to obtain a permit or pay a fee to film, whereas on other properties, getting the owner’s permission is more of a legal formality,” Michael says. “Whichever is the case, it’s polite as well as legally necessary to discuss what you intend to film with the property owner beforehand.”
Filming In A Noisy Area
Public and outdoor spaces are often quite loud, whether because of crowd noise or crashing waves in the background. Be aware of this and adjust for it when filming in a noisy area, or try to pick somewhere that isn’t as noisy. “You can add different audio in post-production to get around this problem, such as putting music over a crowd shot,” Michael says.
Demanding People Move In Public Spaces
If you want that perfect shot, it can be annoying when people walk into the frame, but you can’t demand they move on. Public spaces are for everyone, so you can’t monopolize them for your film. The sidewalk, for example, is a public space, and even if you’re trying to get the perfect shot of the exterior of a building, you don’t have the right to ask people to stop walking by.
“You can ask people politely to move so you can get a shot, but don’t escalate the issue if they refuse,” Michael says. “If you want a shot without people, it’s best to get out early in the morning when few are around. You can also use post-production layering tricks to edit people out of your shots.”
Michael Holmes from VidPros commented:
“To make sure you’re filming safely in public, the first thing you want to do is plan, plan, plan. First, visit the locations you plan on filming to get an idea of where things are and how big the space is. Then, plan out the number of shots you need and where you’ll set them up.
“The next thing is to search for local filming laws in the area you’re planning on shooting and find out anyone whose permission you need to ask first, like the landowner or local authority. Once you’ve established whether you need permission or permits, the next step is obtaining them.
“To avoid falling afoul of privacy laws, obtain the consent of everyone appearing in your video. Instead of asking everyone in a busy crowd for permission, put up signage around the area, saying where and why you’re filming so people can opt not to step into your shot if they don’t want to be filmed. You can also blur people’s faces in post-production so their identities are obscured.
In the U.S., consent laws for recording private conversations vary by state. Some states require only one party’s consent, while others require all parties involved to agree. Be mindful that even conversations in public spaces can be considered private under certain circumstances.
Always make sure to look up local laws and comply with them. On an ethical level, it’s always a good idea to let people know they are being recorded so they can withdraw consent or leave the conversation if they don’t feel comfortable.”
