Legal and Safety Issues

What Legal Issues Do You Need to Consider When Taking

photographs?
 Filming people in public - In the UK, with some exceptions, you are allowed to film in a
public place without permission.
 Photographing/filming people - Anyone used in your work will need to give you their
written consent.
 Filming/photographing children - Children are a sensitive subject and you will need parental
consent for under 16s.
 Location permissions - Non public access areas will require owners permission for
filming/photography.
 Causing a nuisance or obstruction - The police may move you on if you cause a nuisance,
this includes tripods blocking pathways!

Copyright
 Getting copyright for your work - Copyright is an unregistered right, there is no official
action to take.
 Controlling the use of your work - The "Creative Commons" licence will allow limited use of
your work
What Are My Health and Safety Responsibilities?
 Risk assessments - A risk assessment form makes you think about ensuring safety
 Knowing the risks - Caution must be used, even in the least hazardous areas.

What Practical Steps Should You Take?

 Who is liable/responsible - Everyone has responsibilities; it is a good idea to make everyone
risk conscious.
 First Aid - Have someone around who is capable and preferably qualified if needed.
 Fire - Have a list of your crew and cast, and establish the exits and procedures with
everyone.
 Notifying the authorities - You do not need permission to film but best practice is to tell the
local police what you are doing. Don’t attempt anything involving weapons or violence on
public streets without talking to the Police. They may not write this down so take a name
and a number!

Other Legal issues

Filming people in public
 In the UK, generally speaking, you are allowed to film in a public place without permission,
including the people in that location.
 You don’t need a release form/permission to film people on the street or passers-by as long
as your camera is not concealed.
 If you are shooting in a public space where it is likely that strangers might appear in your
shots, you could consider putting up signs that say:
"By entering this space, you are granting permission for your likeness to be included in the project

"__(YOUR PROJECT NAME)__"

made by

"__(YOUR GROUP NAME)__"

There are, however, some restrictions which you need to be sensitive to; you will need release forms
for people who are identifiable in sensitive places, even if they are not speaking (e.g. hospital waiting
rooms, gay clubs, law court corridors). See below for further information.
Filming actors and interviews
Anyone considered important to your video project will need to give you legal permission to use
their image in case at some stage they decide to withhold that permission. It is best to gain this
before filming.

Filming/photographing involves a lot more than what you see on the screen.
You will be legally obligated to have signed model/actor release forms for all the people that appear
in your project.
If you are making a documentary, every person you include should sign a release (unless, as above,
they are a passer-by in a public space). This is important, even if the person you are filming is a close
friend, as:
 The signed form protects you because it proves that the person gave you permission to
include them/their work in your film.
 You should be sure that each person has given his or her ‘informed consent’. This means
that you must be honest about the content/angle of your project and that they understand
the language you are speaking sufficiently and are of sound mind.

It is possible to use an ‘on camera’ release - where you record instructing the interviewee and
getting their agreement on video, but some broadcasters may still require a signed form. It is a good
idea to get both an ‘on camera’ agreement as well as a signed form in case problems arise with one
of them later on.

Filming/photographing children
Children under 16 must have a release form signed by a parent.

Children’s working hours are governed by three pieces of legislation which may be important for you
to be aware of.

These are:
 Health and Safety (Young Persons) Regulations
 Children and Young Persons Act
 Children (Performances) Regulations
 When filming with a group of children, e.g. in a school, parents must be informed in advance
and have the opportunity to withdraw their child from the filming.
 Most education authorities require several weeks notice prior to filming.
  Here is a rough guideline for the maximum amount of hours a child can work per day
(including travelling time) - bear in mind that there are also limits on the total number of
hours a child can work in a year:
Child's Age: Hours per day
Under 2 Three
Under 5 Five
Between 5-9 Seven
Between 10-12 Seven
Between 13-16 Eight

Location permissions
 There are exceptions to the right to film in public which are fairly common sense; sensitive areas like
government buildings and schools fall into this category.
 When you are shooting in public places such as the street, in a park or in public
transportation, you should do some research to find out who you may need to sign a
location release - contact your local city/town council or relevant Screen Agency (see
references) in order to figure out which signature(s) you need.
 Remember to allow enough time for your filming request to be processed.
 If the location that you are shooting is not recognisable, then getting a release may not be
necessary, but, as with anything related to the law, it is better to be safe than sorry.
 Most "public" places are not actually public.
 If you are shooting on a busy street in front of a restaurant, you should be aware that
someone owns that restaurant and you may need to get them to sign a release.
 It may be important to find out who actually has control of the location and can actually sign
the release
 Location releases are important not only because you may need them if you want to
distribute your film, but also because they function as permits while you are actually in
production. If you are shooting on the street and a police officer questions you about your
activity, showing them a signed location release will usually put you in the clear.

Causing a nuisance or obstruction

The police may move you on if you cause a nuisance or obstruction. Don’t block paths with your
tripod!

 Police - It may be a good idea to give adequate notice in writing to the local police force
about any filming activity in its jurisdiction - you will need to do this if you are causing an
obstruction. Again, the Screen Agencies can advise you of the relevant contact. You will need
the full co-operation of the police if you plan to film on the public highway, use special
effects, explosions, gunfire or guns (including imitations - the use of firearms requires the
services of an armourer), stage a crime, or if your actors are wearing police uniforms or
driving marked police cars. Impersonation of a police officer is an offence.
 Filming on public roads - Filming on public roads requires careful planning and monitoring.
Meetings should be arranged on site with the local police and the local authority’s Highways
Department to discuss filming plans. The police and highways officers will want to be sure
that what you plan to do is safe and that no road-user will be harmed (e.g. by the glare of
bright lights).
Libel (saying bad things about someone/something)
and brands

You cannot depict someone or a brand in a way that is negative or unjustifiably critical.

 You can feature any brand you like without permission provided that brand is shown in the
way it is normally used.
 The UK has very tough libel laws - be careful of any statements or allegations you or people
in your film may make. If someone sues, they may sue everyone involved including the
filmmakers, any interviewees plus any broadcaster who may show your film. Double check
facts and statements; if you cannot prove your allegations think twice about including them.