hidden camera

[mjtate]

If you film someone you need thier permission to use the footage, if you don't get it you can use it by obscuring thier face. Is this true?

If thats the case how can you film on someones property, e.g. in a restaurant or bar, without thier permission. Does it depend on whether or not the footage is in the publics interest or not?

Sorry, can't afford a lawyer

[Actor]

I'm not a lawyer so you get my advice for free. But then I could be wrong. Also, this is U.S. law.
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If you film someone you need their permission to use the footage, if you don't get it you can use it by obscuring their face. Is this true?
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There are two sets of rules here, one for documentaries, one for works of fiction.
<ul type="square">[*]For a documentary you do not need their permission. It's news gathering, freedom of the press and that sort of thing. Of course you need to be sure you have your facts straight or that you clearly label opinion as opinion (some else's opinion, not yours). But if your neighbor runs down the street naked, you film him and sell it to the 11:00 o'clock news, he has no recourse.[*]For a work of fiction you need his permission if he is recognizable. Obscuring his face is an option but be aware that may not be enough to make him unrecognizable.[/list]<BLOCKQUOTE><font size=2 face="Verdana, Helvetica, sans-serif">quote:</font><table border="0" width="90%" bgcolor="#333333" cellspacing="1" cellpadding="0"><tr><td width="100%"><table border="0" width="100%" cellspacing="0" cellpadding="2" bgcolor="#FF9900"><tr><td width="100%" bgcolor="#DDDDDD"><font size=2 face="Verdana, Helvetica, sans-serif">
If thats the case how can you film on someones property, e.g. in a restaurant or bar, without their permission. Does it depend on whether or not the footage is in the publics interest or not?
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Again there are two sets of rules. One concern in both cases is the consideration of trespassing. If it is not a public place, like a restaurant or bar, don't go in without permission. If it is a public place and you are asked to stop filming, do.

1. For documentaries the rule is the same as with people. Don't commit any sort of libel.

2. For works of fiction you can use your footage if you are not actually on the property (i.e., it's in the background) and providing all of the following apply:
<ul type="square">[*]It's not a distinctive property. e.g., Frank Lloyd Wright's 'Fallingwater.'[*]It's not a plot point.[*]No actor mentions it.[*]The camera does not linger on it.[*]There is no libel.[/list]

It's worth mentioning that the "distinctive property" rule has its limits. The Empire State Building certainly a distinctive property but if the overall shot is of the New York City skyline I doubt if you'd get into any trouble.

Also, places like Mt Rushmore or the Grand Canyon are certainly distinctive but they are national parks. Some national parks (Death Valley is one) require filming permits.