Can you Be Filmed Without Permission?
Throughout the United States, as well as in other countries, there are different laws regarding filmmaking and what a cinematographer may or may not do. Perhaps you’re wondering, “can you be filmed without permission?” The reality is, it is generally legal to film in public. Even for commercial use! Although most filmmakers will choose to take the safest legal route to their filmmaking and will have anyone that they capture on camera sign a release form to play it safe.
If you’re wondering if you must give a cinematographer permission to film you, the answer is mostly, NO.
You do not require permission if you are in a public place. But laws vary by city and state as to what commercial filmmakers can legally do. So it’s really better for filmmakers to err on the side of caution. Rather than to get themselves into trouble.
Can Filmmakers Record in Public?
Technically, filmmakers can record in public. But a lawyer would likely recommend to the filmmaker they seek permission from anyone they intend to film for commercial purposes.
This means that if you intend to use the footage for commercial use? You should seek signed release forms from anyone that you catch on your camera. But why?
Laws vary greatly across the United States from each state to each city. Knowing the laws for the location you’re filming in is just as important. Same as knowing whether you can legally film someone with or without their permission.
No Reasonable Expectation of Privacy in Public
If you’re wondering if a cinematographer can legally film you without your permission. Well, generally if you’re in a public place, there is what is known as a reasonable expectation of privacy.
In public places there is generally no reasonable expectation of privacy meaning that people out in public do not expect the level of privacy that would be expected from a private location.
Thus, when there is no reasonable expectation of privacy then filming is technically legal with or without consent.
However, going back to city rules and laws, as well as individual state-by-state laws, and the need for professional cinematographers to play it safe, most professionals will ask permission before filming, even in public.
Can Filmmakers Film You While Inside?
You might be wondering, can you be filmed without permission if you’re inside a public place such as a grocery store or inside a restaurant. Now, the rules vary here too. By state and by city as well as by location. But generally inside these locations you are on private property.
Even if you’re inside a grocery store that allows public people to enter, the store itself is considered privately owned property. Therefore, whether you can be filmed inside without permission will be largely dependent upon the property owner.
Owner Rules
Most of the time, property owners will have their own set rules about filming inside. That’s why you might notice security cameras which can legally film you inside a store or restaurant.
Likewise, the property owner again probably could give the filmmaker permission to film inside their establishment.
But most filmmakers would come and seek individual permission from you if they intended to capture you on film.
Not because they have to. But because it’s better for them to think ahead and play it safe, than to face potential repercussions later.
