Can I Film People in a Store Without Their Permission?
You might think of a store as public property. Because many members of the public come together inside the store to do their shopping. The truth is, a store is public property. As you probably already know, the rules for filming on public vs private property differ greatly. And they can vary from location to location. While filming on public property is generally acceptable, the rules for filming on private property can be difficult to understand. Can I film people in a store without their permission?
STORES ARE PRIVATE PROPERTY
Stores are technically private property. Although they fall into a grey area of more of an in-between property. It’s because they are technically private, but they allow open entrance from the public.
Filming inside a store, as such, should technically be handled the same as you would handle a shoot that you scheduled inside a hotel or other private property.
LOOKS PUBLIC, IS PRIVATE
Stores, such as retail locations, are technically private. Yet they allow the public to enter, and this can cause a bit of confusion when it comes to filming.
The store you’re filming at may actually encourage the public to enter and make it seem like it’s a public place. However, it is owned by a private property owner. Which means you must treat the shoot as you would any other shoot on private property.
CONSIDERATIONS FOR SAFE FILMING IN A STORE
So, can I film people in a store without their permission? Generally speaking, NO! Those people are inside a private property. Albeit full of people from the public who walked in off the street, they are on property that is privately owned.
Therefore, you do not have the right to film inside the store, or to film people that are in the store without their permission.
TALK TO THE STORE OWNER
If you’re interested in filming inside a store, you should reach out to the store owner to ask for permission. If the store owner is willing to grant you permission to film, make sure that you get such permission stated in writing.
RELEASE FORMS
Next, you will want to bring release forms with you. This way, you can have anyone and everyone that is inside the store sign a release form before you begin filming. This will protect you from any potential legal repercussions later on.
Make sure the release form is dated and signed, including the details upon which you are filming, the property address, and how the footage will be used.
INDIVIDUAL LOCATION PERMISSIONS
It’s likely that, even for filming inside a store, you’ll have to have some kind of a permit from the store owner. Make sure that you have spoken with the owner in advance and obtained any necessary location permissions to protect yourself while you’re filming at the location.
Since you’ll be filming on private property, those inside the store will have the right to ask you not to film them – so be polite, ask permission, and get signed release forms from anyone that you catch on camera.
Ultimately, when you ask, “can I film people in a store without their permission?” The answer is, no! You must have permission to film people on private property.