Is it Illegal to Film Someone Without Their Permission?
As a cinematographer, it’s important to know the laws and rules regarding film permits and filming legally in the area that you’re shooting in. Since state-by-state and city-to-city rules vary, it can be challenging to understand what is expected in each locale. You’re probably wondering, is it illegal to film someone without their permission? And if not, what should I do to get permission so that I know I won’t have any troubles?
US Public Filming Laws
In the United States, you can generally record in public places without getting individual permission from each person that is at the location. Essentially, it is legal to videotape or film in public, on public property, without any major steps to seek permission.
However, there are individual state laws, and individual city laws. As well as individual rules on permitting at different places. Which can override this generally legal filming. In many public places you’ll find that commercial filmmaking is not legal unless you seek a permit.
Reasonable Expectation of Privacy
In public, there is what is called no reasonable expectation of privacy. This means that when people are in public, they do have a reasonable expectation of privacy.
Generally, the degree to which someone does, or does not, have an implied reasonable expectation of privacy is what dictates whether it is or is not legal to film them without consent or permission.
In most public places, people know that there is the potential for security cameras, filmmakers, and just about anyone to capture a recording of them. Thus, they should govern their actions accordingly and expect that there is the potential that they could be filmed.
Filmmakers Play it Safe
While laws generally state that filmmakers can film in public places without consent. And individual laws or rules may dictate otherwise. Filmmakers will often make the educated decision to play it safe.
This means that most professional, dedicated cinematographers will come to any place they intend to film with release forms. Or prepared to film releases that capture the individuals that they do film on camera.
Stating that they are “okay” with being filmed at that date, time and location. Filmmakers know the importance of protecting themselves and their businesses.
In Summation
They choose to take the extra ten seconds to get a release rather than face potential repercussions later on. Because, is it illegal to film someone without their permission?
Generally, NO it’s not illegal, but different rules and laws apply to different locations so it’s best to know the rules for where you’re filming and to play it safe and ask permission before filming anyone in public or in private.