Didn’t know you had a channel! Pleasantly surprised to come across your video on this subject after being a long time listener of your Ent Law podcast!
@lukeiscurious5 жыл бұрын
Wow, great information!!! It is always so hard for the beginner!! If everyone knew the laws I think we would all be sued everyday!!! Its crazy hard not to step on toes especially when you don't know what stepping on a toe is.!! I have ideas, all kinds for creative projects. I'm just to "uneducated " on the politics of it!
@mohamedfaroukbalouli78097 жыл бұрын
man your channel is so underrated
@MilicaPetkovic6 жыл бұрын
Thank you for this informative video. I'm new here and definitely subscribing and leaving a like. Greetings, and have a great day!
@whitenoisefromelectronicto17284 жыл бұрын
This is a very interesting video. It would be interesting to know how KZfaq deals with this issue.
@TheMulletMaam3 жыл бұрын
Curious what happens if the person makes money off the video or not. Technically would it be "commercial use" therefore needs a release? Idk. Curious
@lalanthegood7 жыл бұрын
Gordon you r the best, thanks 4 ur advice
@ItsThe675 Жыл бұрын
If I'm recording in public and there are children in my video (who I don't know) is the illegal in some way shape or form
@gfiremark Жыл бұрын
It CAN be illegal, depending on how you intend to use the video. Commercial use of people's name,image, likeness are actionable in some places. And, if you seem to be targeting kids, you might be subject to an investigation into whether you're a predator, etc. But technically, it's not illegal to film in a public place. (though there may be permit requirements, etc.) As a practical matter, thought, if a parent asks you not to film or photograph their kid... just stop. It's not going to be worth the trouble you'll have if cops are called, etc.
@ChristineBarger5 жыл бұрын
If you are attending an event with posters like that everywhere but you didn’t post them, is it ok to film since the people attending have been warned that they might be on camera. I have often seen those posters at events like conventions that were posted by the event staff.
@gfiremark5 жыл бұрын
It's not ideal, since usually, I prefer the poster to actually identify WHO the producer of the project is. That way, you have something resembling "privity" of contract between attendees and producers.
@wertiaaudit57463 жыл бұрын
You can film on public sidewalk of event .
@mandalorian_sam4 жыл бұрын
So i am having trouble finding an answer to my question of: Is it common decency to not film someone in public whether or not it's outdoors, in a parking lot, or in a building anywhere. I was hoping you'd be able to answer this for me. Thnx!
@wertiaaudit57463 жыл бұрын
" Common decency " police are not feeling police, they are law enforcement . Making people uncomfortable is not a crime, disorderly conduct and loitering are. Disorderly conduct is not recording public officials and them being uncomfortable, its exercising your 1st amendment
@jamesfestini6 жыл бұрын
So basically all vloggers are breaking in violation of privacy? How does this video have so few hits?
@gfiremark6 жыл бұрын
James Festini no... in truly public spaces, like parks, on streets, etc., filming is fine (though City permits may be needed). There’s no “expectation of privacy” when you’re out in public. This video addresses filming in non-public spaces like art galleries, hotel ballrooms, etc.
@erd6755 жыл бұрын
@@gfiremark Thanks for clearing this up. Yes when in public you can film anything in your view. There's no expectation of privacy. But like in hotels and other private property you may need permission.
@spartanchuckles87435 жыл бұрын
From my non law understanding, expectation of privacy is more for where you may be changing/partially/completly nude. Like a change room or bathroom or a bedroom
@ChrisThompson-em8cq4 жыл бұрын
@@gfiremark What about instances where filming is in a public location like a DMV. The video is specifically for profit or income on youtube. A patron asks that they not be filmed. Can they still leave that person in the footage without blurring them? The scenario I'm asking about is very typical of First amendment auditor videos.
@gfiremark4 жыл бұрын
@@ChrisThompson-em8cq Technically, a person in a truly public place has no expectation of privacy, so as long as shooting on those premises doesn't violate some DMV rule or regulation and doesn't reveal any personal data (like visitor's names, addresses, dl numbers, etc.) it's probably OK. But when a person ASKS that they not be filmed, it's wisest to stop, rather than risk a confrontation or a lawsuit. (after all, winning a lawsuit is nearly as costly as losing one).
@TheNightmareBeforeyouakaDrnigh5 жыл бұрын
You are basically say she has no right. You don’t need a card to say you are press. I have been in court already several times and guess what, not one time have I lost. I don’t have a press card. I am a USA citizen so I have and use all my right.
@gfiremark5 жыл бұрын
KZfaq certainly IS protected by the 1st amemdment, but here we're actually talking about the film/videomaker's freedom of the press... and yes, it applies even though they;'re not traditional news media.
@spartanchuckles87435 жыл бұрын
Guess people could always edit tio make sure the person is blurred out as much as possible
@zero69023 жыл бұрын
What if someone is shoot from the sidewalk into a private business?someone did that to me and I told the person I dont give my concent to be filmed the ignored it and posted the video on KZfaq and to top it off keeps me not giving my concent in the video
@prophetseven72811 ай бұрын
I know in Public for Press you can film or video anyone. Post say here on youtube. But what if you are walking down the Street. Which is public property. And some bar or car is blasting music. You post it on youtube is that copyright strike? Even if you do not want that music in your News Media footage? There no way you can stop them from playing the song. And it going into to Public Form.
@gfiremark11 ай бұрын
If it's NEWS coverage, and only a small portion of a song is used, etc., then it might be fair use. Requires an analysis in each case... there are no blanket rules-of-thumb for this. It's rare (but not unheard of) for bona-fide news organizations to get into hot water when the use is in a regular newscast, but in a feature, or similar, they typically try to clear the rights.
@prophetseven72811 ай бұрын
@@gfiremark Did not know, even in rare cases. That Press got into hot water. Ive seen Auditors filming in public. Some times Cops play music to try to stop them from recording as Press. It seem like if it is forced on you and you can not stop the music. And it hitting your ears against your wishs. You should be able to record it. Since Video is suppose to be an extention of you. Lets see how this all plays out. Thanks Again.
@americanfreedomteam5 жыл бұрын
I have a few questions for you?? I was inside recycling redemption center in bend Oregon and a few altercations broke out so I filmed for my own protection, witch lead to the manager telling me I had 5 mins to get my stuff out of his building or he was going to call the cops on me. He ended up calling the cops on me and I never got a ticket or anything and I wasn't told I couldnt come back. I was refused service and the cops violated my constitutional rights. I totally was not trying to start a problem...
@gfiremark5 жыл бұрын
Human Rights Team No. Once asked to leave, you’re trespassing.
@dudewhodoesdopeshit7 жыл бұрын
Hey i came here by way of you video regarding the use of quotes and sources for documentary filmmaking - think it was from 2014. My question is the other side of the coin. What about quotes from authors used in narrative/ fiction - Example = I want to have a character quote an author - what is needed to cover my rear ? Btw the channel rocks!
@gfiremark7 жыл бұрын
Thanks! Small quotes are probably fair use, especially if given with attribution. But that's a complex analysis, so there's no clear amount or guideline.
@dudewhodoesdopeshit7 жыл бұрын
Thanks for getting back to me! I'll do more digging.
@gfiremark7 жыл бұрын
I wasn't clear. The complex analysis has to be done on a case by cad basis, so there's no hard and fast rule about how much you can use without permission. Bottom line, get permission unless you're sure it's a fair use. Check my fair use explainer at Firemark.com/fairuseinbrief
@J0SHUAKANE5 жыл бұрын
@@dudewhodoesdopeshit create a fictional author, perhaps with a similar name, & reword the quote.
@Wooist4 жыл бұрын
this was very helpful!
@cory82424 жыл бұрын
what if I did a quick question and answer by the beach ? would I still need a release form?
@cory82424 жыл бұрын
Gordon Firemark we are handing out face masks to see people’s reactions and most will be negative and if I ask for their permission I’m afraid we won’t have any footage to put together.
@frostmafia13804 жыл бұрын
@@cory8242 Hey, I don't know if you've filmed already, but have those release forms on hand (or in the car) and make sure to inform them of the filming or blur the face etc... Because recorded conversations between two people is a lot different legally then them just walking by and doing they're thing.
@cory82424 жыл бұрын
Nolan thank you very much filming tomorrow I’ll keep that in mind. Thanks for reaching out!
@Getshotbybrian4 жыл бұрын
@Gordon Firemark Looking to do the same thing going to the beach just filming the crowds and shops from the sidewalk, on the beach and boardwalks over the holiday weekend, would I be ok w/o a release for some b-roll for a commercial shoot for a hotel on the beach? Or would I need to blur out all the people?
@Polygon_Parrot3 жыл бұрын
Thank you for the info! Anyways of knowing all about the United States filming laws?
@gfiremark3 жыл бұрын
I do webinars from time to time, to discuss the legalities of filming for documentary filmmakers... and probably soon, one for narrative film, too. Join my mailing list by downloading my Filmmaker's Legal Issues Checklist at filmlawchecklist.com and you'll find out about the next one... coming in September.
@noseeumproductions27094 жыл бұрын
If you make a documentary and interview somebody and release the documentary solely for artistic/educational purposes and the person that you interviewed decides to sue you for invasion of privacy do they have that right if I don’t have a release form and if so how are financial damages determined if they win in court beings the film wasn’t sold?
@gfiremark4 жыл бұрын
Good question. The issue around the absence of a release often deals with the scope of whatever permission may be inferred from the fact that the person gave the interview. For example, if the interview was done by a student for a campus TV station, but the video was later used in a film, that might be considered beyond the scope of the implied consent. Another factor is the ambiguity about whether the person is to be compensated, for how long the video may be used, in what media, territories, etc. A written release, if properly worded, will address all of these, and eliminate the ambiguity. The ultimate "purpose" of the use isn't really that relevant, though if more commercial, then it's more likely to carry liability. Damages for invasion of privacy don't depend on whether the film is sold or generates any revenue. Privacy cases are about the offensiveness of the conduct, and the harm to a person's dignity... embarassment, shame, humiliation, etc. Ultimately, a jury will decide how to compensate for those things.. and need not tie the award to any profit, revenue of the defendant. That said, even a small damage award can come with a pretty big price tag in terms of legal fees (defense sometimes winds up paying plaintiff's legal fees, too). So, better to do what you can to avoid the problem in the first place.
@noseeumproductions27094 жыл бұрын
Thanks for the prompt response 👌
@jenniferdyck79154 жыл бұрын
I was wondering is it okay for a creepy person filming my work area and posting it up on you tube for his own use. I watched many youtube post of his with the people I know. They didn't give the person the answer yes to post their face. The police say he can do it because it isn't a criminal act.
@ConnArtistProductions3 жыл бұрын
Thank you so much for your channel! I’ve been trying to find an answer to this question for a while now. I’m about to start a KZfaq channel that explores different pop culture locations around the country. It will be fairly unassuming vlog style, but some of the places (which are open to the public) I will be filming at only allow non commercial uses in their policy. Does this mean I would not be able to monetize my KZfaq channel? Would I be able to monetize SOME of the KZfaq videos? Thanks!
@gfiremark3 жыл бұрын
"commercial use" usually doesn't limit monetizing a blog,vlog or YT channel. Typically a use is "commercial" when it proposes some kind of a transaction... like an ad for a product or a service. But really, you'd need to contact those places and ask what THEIR definition of "commercial use" is, and make your decisions accordingly.
@OMGBecky4U11 ай бұрын
Can you tell me how this might work with cell phones and the other way around if people come into our business filming and never telling us that they are like all these Tiktoc kids do today what are owners rights when it’s children filming on only cell phones …. Thank you if you get this and respond
@gfiremark11 ай бұрын
The same rules apply... but just posting a video on tiktok isn't a commercial use. If the tiktok was sponsored, or includes an endorsement or an ad, then there could be claims by people in the video. The *kind* of camera used has no bearing on the legal situation at all.
@CameraHogDP4 жыл бұрын
Do these laws apply when filming for commercial use? Thank you!
@gfiremark4 жыл бұрын
Camera Hogs El Paso Commercials / Ads / Marketing yes. Especially for commercial use.
@darrellkirk94464 жыл бұрын
Hello, Gordon. Awesome video! Can you tell me this--what about asking someone asking a question on a video, and they answer, but they are not in video (Camera pointed away from them) do I need a model release for just their voice or answer to a question? Thank you again.
@MH-Tesla3 жыл бұрын
Depends on if your in a one party consent state or not. Michigan and you're okay to record audio and publish it if you're talking to someone. Michigan only requires one person in audio to consent which is you. In California you need all parties to consent to audio of conversations.
@ZOJSimpson3 жыл бұрын
Not to throw in a monkey wrench but I'm an adult film star who also vlogs. No one is identifiable in my vlogs but I am standing out in front of businesses. I'm not shooting the adult scene in front of the video but, later on in the video I am shooting a scene. Can that business sue me?
@gfiremark3 жыл бұрын
Intersting question. Generally, if you're in a public place, filming is OK, but if you're featuring a business, logo or something distinctive, and the business in question isn't happy about it, they *might* have basis to sue, or demand a takedown (if you're showing a copyright protected sign, graphic, or similar). The question is, could the owner of the brand, logo, or store conclude that you're somehow 'tarnishing' their brand, logo or reputation, merely by standing in front of them? And if you're actually talking about them, be careful what you say. Best practice, if it's not relevant to the video you're shooting is to obscure or blur the identifiable stuff.
@ZOJSimpson3 жыл бұрын
Thanks for the speedy reply. I honestly didn't think you would respond due to thinking I was trolling. Thanks again.
@marcoruiz72423 жыл бұрын
Hi Gordon, thank you for your help in advance. I've been reading some comments here, and I think I have an idea about what I need to ask you. But, I want to be sure. I'm thinking about creating a KZfaq channel with videos of my kids. At first, it won't be monetized until I meet the requirements for that. Some videos will be about visits to places for kids like amusement parks, etc. What should I do if in those places I film people incidentaly passing by or around my kids? Should I get a written consent or something from every person? If so, where could I find a template for that consent?
@Brahmananda26 күн бұрын
what about filming on public transport?
@gfiremark26 күн бұрын
Check your transport system's rules and regulations, but in most cases, if it's PUBLIC entity (not a privately owned contractor), the same rules apply. No expectation of privacy in public spaces.
@Brahmananda26 күн бұрын
@@gfiremark thanks for your response, its the UK london underground
@gfiremark26 күн бұрын
@@Brahmananda Ah. Technically, I believe that's private property, but filming for personal use (noncommercial) is permitted with restrictions (no tripods, no interference with ordinary operations, etc.). Check the rules published by the service. Also, Make sure you're in compliance with ico rules. Filmlondon.org.uk has some good resources on filming people in public places, too. Getting consent or blurring faces is your best bet.
@Brahmananda26 күн бұрын
@@gfiremark you're so helpful, thank you
@Chaturanger3 жыл бұрын
Is it legal to film government employees?
@gfiremark3 жыл бұрын
Generally, filming public officials in the performance of their public duties in public places is legal. But, some employees may have confidential roles or work in spaces that are not accessible to the general public. It's not legal to trespass in order to film them.
@TheNightmareBeforeyouakaDrnigh5 жыл бұрын
I need to say. I don’t know if she does it for fun or if she gets paid. If you are making money off it then I wld agree with him.
@darrellkirk94464 жыл бұрын
Awesome, Gordon, thank you. One more thing, I have hours and hours of archival footage from twenty years taken all over Seattle and other states at fairs, events, pickniks, etc. Very interesting footage as these places are gone now and people look forward to seeing these old times in Seattle, etc. What do you say about that? What about people in these videos from twenty years ago? Thank you so much.
@gfiremark4 жыл бұрын
Made a quick response. kzfaq.info/get/bejne/oLWHl5NpptvDqGw.html
@samstauble7073 жыл бұрын
Hi, Gordon! A friend and I were filmed when a state trooper tried busting us for no reason during a taping of the show Alaska State Troopers. As far as I know it was never aired. But I was wondering - do you think there is any way to get this footage from National Geographic who own's the rights?
@gfiremark3 жыл бұрын
Well, it can't hurt to ask, but they will want to know what you intend to do with the footage. If you plan to use it in a film, video or advertisement, they;'ll likely want to be paid a license fee. If you want to use it in Court, a subpoena will get you what you need.
@boogneckne80684 жыл бұрын
Hello sir. I went to the Department of Human Services today and decided to record while I was there. I was in the lobby waiting while recording and they all basically started freaking out and telling me it was against their policy. Am I wrong and thinking it's 100% legal to film in a government building while in a public area? I live in Maine. Thank you in advance
@gfiremark4 жыл бұрын
I can't speak to the specifics of Main state law, but In general, under Federal law, filming a public employee during the performance of his or her public duty is a right protected under the 1st amendment. Certainly while in public areas. There may be some circumstances where a restriction or "policy" against recording in a public office might be permitted, but it would be pretty rare. So, 100%? no, but almost all the time, filming in public spaces of public buildings... is permitted. In the public office environment, I'd encourage the workers who object to being filmed to consult with their supervisors, and agency attorneys before violating your civil rights. Of course, if asked by a law enforcement officer to stop, it might be wise to follow instructions, and take things up through legal counsel.
@boogneckne80684 жыл бұрын
@@gfiremark thank you for your reply
@michaelhanrahan53495 жыл бұрын
Well that was a waste of three and a half minutes! Thanks.
@coffeepeachesplans Жыл бұрын
You need a permit
@coffeepeachesplans Жыл бұрын
And release
@coffeepeachesplans Жыл бұрын
So if Starbucks calls itself private property they are not allowed to have cameras at all then
@coffeepeachesplans Жыл бұрын
And if it's public they should still have a consent form for all they record
@coffeepeachesplans Жыл бұрын
Thank you for the good information and easy explainable
@gfiremark Жыл бұрын
@@coffeepeachesplans no. They can film on their property… just can’t use for commercial purposes without consent. But for security, editorial, etc., they can
@DMSProduktions5 жыл бұрын
Bona fide? You mean Bon-a Fide-y! Sheesh! Failed Latin!
@gfiremark5 жыл бұрын
DMSProduktions I actually checked, and according to my sources, both pronunciations are correct.
@DMSProduktions5 жыл бұрын
Ah ok! Probably my Australian Anglo/Latin slant! Americans tend to be a bit more LITERAL with their pronunciation of 'foreign' words into Anglicism.
@lytnin886 ай бұрын
Mea culpa
@lukeiscurious5 жыл бұрын
:(
@tiktokjohnnysaint22343 жыл бұрын
why business can film you ??? governments?????? nobody is complaining ????? if you are talking about peoples privacy is ridiculous ,, only business and governments film you millions and millions times no body complain ?????
@wernerfoerster36663 жыл бұрын
the business is not publishing or displaying your image