Indy Mogul
Wesley's Weekly HOW TO: Legal-ese
So this week, I am going to do something a little different, I want to go over some of the legal issues that many of us have (or eventually will if we do this long enough) deal with as a result of shooting movies. Unfortunately, it's a subject that not a lot of young filmmakers seem to have a lot of good information on, and I wanted to lay out some good guidelines to follow to make sure that you're in the green as much as possible with your filmmaking.
SO WHERE CAN YOU FILM?
So when and where can you film? Well that depends on a few things, first, where do you live? In the United States most states have pretty open filming laws. As long as it's a single camera, and you're not blocking traffic (either cars, or not blocking foot traffic to the entrance to someone's home or business), generally there are few (if any) restrictions on what you're doing as long as you're not breaking any laws. A few questions to ask yourself before you start filming...
1. How many films have been shot in the area within the last decade? - If the answer is in the single digits (or preferably zero). Then you're MOST LIKELY a smaller city that simply doesn't attract a lot of large productions, meaning that because the area hasn't had to deal with a lot of large productions that they are much more likely to not have comprehensive filming laws. The laws in most of these places are almost universal except a few exception, in that any kind of filming in public is largely unregulated as long as it doesn't block any kind of traffic, doesn't have any kind of loud noises (such as pyrotechnics, or squibs, etc.), and isn't causing any kind of disruption, isn't on private property (that you haven't gotten permission to film on from the owner), and isn't taking place inside of a business or government building where you likewise haven't gotten permission.
Now, let's say the answer to the first question is quite a bit more than the single digits, and that you actually live in an area (such as Southern California, New York, or Toronto), where filming is actually fairly common, what then? Well thankfully the laws in these areas are USUALLY pretty friendly to student and independent filmmakers, and most of the time (At least in New York) don't generally require a permit if it's a single camera, and once again isn't blocking and foot or vehicle traffic. The need for a permit, or some kind of permission escalates dramatically though with the size and complexity of the production, not just because a larger production is more disruptive (with larger equipment, dozens of crew members, and having to close of a large street for maybe a full day), but also because people generally KNOW they can afford it.
You see, people in areas that see a lot of filming have not only usually have gotten extra ordinances for it, but people are also a bit more "jaded" to the prospect of filmmaking. So you're less likely to have people excited about helping filmmakers, and more likely to ask for money or deny you permission to shoot there (especially if you're a larger production). What people around the area think about film productions can be very important, and can be the difference between getting flatly denied to film at a place (unless you start waving around a lot of money and get insurance), and the owner to enthusiastically let you shoot there for free, and give you snacks because he's thankful you're there.
2. Is there a local film commission? - Does your local government have a film office? If you live in the first city above, most likely the answer is a big no, if you live in the second city, it'll most likely be expected. Film Commissions can be a big help if you've got one close, and are generally pretty friendly and understanding of small productions, and are more than happy to guide you in the right direction.
If you want to double-check for your closest film commission, and ask about laws, or what kind of assistance they might offer, look up you closest one here at the AFCI website.
3. How big does your production REALLY need to be? - This is a question you should always ask yourself, especially if you're in the "commonly filmed" city. The bigger your production invariably means the more likely you're going to have to deal with roadblocks. Bigger is NOT always better with film productions. Think about who you REALLY need on shoots, have everyone doing something, and try to have some people doing two jobs if at all possible. You need the shear minimum of people possible. It's when you have a lot of people and you start blocking traffic the the chance you'll start needing permits and insurance starts increasing.
Shooting with just the skeleton crew, with handheld cameras can be the difference between having to dish out extra money, or getting your film shot and over with.
4. What locations do you want? - Do you want a well-known tourist attraction in your film? Or some other heavily trafficed area? More than likely you're going to have to ask permission, and jump through hoops. Your only option is if it's just you and a few other people with a handheld camera, as long as filming or photographs isn't otherwise forbidden.
But inside your bedroom with just you and a few friends? Highly unlikely unless your city has some weird fire safety laws you don't know about yet.
Typically, places that are in public, as long as they aren't a unique landmark (your Nana's front yard doesn't count), are generally fine to film at, and you don't need to get any permission as long as it's just you shooting handheld and you're not making a ruckus or blocking traffic. BUT places owned by the government like parks, and private businesses, you need to get permission. Usually by asking the business owner, or requesting permission from the city.
Shooting on private property is forbidden without permission, but most private property (Government installations usually exempted) is fine to film INTO. So if you're standing on the sidewalk and catch someones house in the background, that is perfectly fine as long as their windows aren't wide open and have them standing there, because that can be classified as filming into their private space, and that's a big no-no, and violates privacy rights. But generally, this isn't something you have to really worry about, as doing a quick 360 visual scan of the area generally picks these things up before you start filming. So as long as you're staying aware and actually looking at what's happening in the background, it shouldn't be a major concern.
Filming on private property (like your own home) is totally fine and there aren't a lot of restrictions as long as you're still following the law, and you got permission.
-Once you figure out all of that stuff, it's pretty easy to figure out where you stand. If you live in a less populated area, that hasn't seen a lot of film productions, whose closest film commission is a hundred miles away in the Capitol, and the production is under a dozen guys, shooting in your house?.. then most likely the need that you'll have to get permits, insurance, or otherwise tell anyone that you're filming something is pretty slim if existent at all.
While on the otherhand, if you're in or close to a big city, film productions are common, you have a film commission nearby (or it's located in the city), and you are undertaking a significant project that wants a major public location. It would be a good idea to call and start asking advice about what you need exactly.
For those in the first catagory: Feel happy for now, youwill most likely have few restrictions on your filming as long as you aren't doing anything that's really causing an attraction (like having a fake shootout with realistic guns in the middle of a busy street), you should be totally fine, and not have a lot of problems. UNTIL you decide to expand your horizons and start working on a larger more complicated project. The chances of moving to the second catagory becomes dramatically more likely, and the likelyhood you'll have to start learning release forms, permits, and insurance increases likewise.
For those in the second catagory: You should ALSO feel happy, but for a few different reasons.. Sure, it may not be super-easy to just walk out and shoot, especially if you're shooting larger projects in a place that has a lot of restrictions on filming, but that also means that you also have access to a veteran Film Commission that actually WANTS to help you, AND you have access to a larger pool of experienced people, even if it is more expensive. Just consider yourself having a leg up on people that are going to have to learn all of that stuff eventually.
And for you guys, I have resources for you below...
VARIOUS RELEASE FORMS:
http://faculty.uncsa.edu/film/forms/production/index.html
http://en.wikibooks.org/wiki/Movie_Making_Manual/Release_Form
http://www.dependentfilms.net/files.html
http://www.independent-magazine.org/learn/downloads
CONTRACTS:
http://en.wikibooks.org/wiki/Movie_Making_Manual/Crew_Contract
http://en.wikibooks.org/wiki/Movie_Making_Manual/Cast_Contract
http://www.sonnyboo.com/downloads/downloads.htm
FILM COMMISSIONS AND OFFICES:
http://www.afci.org/
http://makingthemovie.info/2006/07/tax-credits-for-filmmakers-state-by-state.html
If you guys have any specific legal questions, shoot them below, and i'll do some research for you, and try to answer your questions as best as possible!
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