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  1. #1
    Join Date
    Feb 2019
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    7

    Default Getting Formal Permission to Record Video on Private Property

    I'm a filmmaker in Vermont. I own my own film business. I have gotten releases such as property releases, talent releases etc for my own films for my own business.

    I have recently started working a second job where I work for a non profit organization. They have hired me to film under their name. None of the films are under my business name but my personal name is attached to the films as editor and filmmaker. This non profit organization that I film for has a grant through a college. The college has checked with their lawyers and told my boss I don't need to worry about releases as they will take care of it. Yet I see no proof any releases has been signed, even for private property like a shopping mall etc.

    My boss no longer wants to talk about the topic of film permissions. Says it's a done discussion. Refuses to look at sources online that say permissions are needed or that proof of permissions are needed. College won't even look at sources or discuss further either. If I'm being told by my boss and university that I won't get into trouble because I'm not making films for them under my own business name is that true? What if I'm on private property and get asked to leave? Will I be banned as myself, my business or just under the non profit organization my boss runs? Really need an answer. If I'm at risk of losing my business then I will quit this other job.

    Thanks,

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Filmmaker Laws Around Working for Another Business

    Are you a W-2 employee for the non-profit?

  3. #3
    Join Date
    Feb 2019
    Posts
    7

    Default Re: Filmmaker Laws Around Working for Another Business

    Quote Quoting adjusterjack
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    Are you a W-2 employee for the non-profit?

    Yes I am. my main concern is being banned from private property. Shopping malls are private property but the university and my boss say that's a public space but a quick google search proves this isn't true and I'm in the right. I personally know a filmmaker who was banned at his local shopping center for filming in a Gap store. He can't go there ever again. Apparently to any Gap store in the USA. However he was working for his own business not a non profit.

    Edit: I should also add that I did film in a shopping mall once and didn't have releases and just got verbal consent to film kids. I personally don't think verbal consent is legally binding but that's what the boss told me to do

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Filmmaker Laws Around Working for Another Business

    A mall is private property. While you don't technically need explicit permission before you start, it would behoove you to have one as the management could tell you to pack up and get out and you would have no option but to comply or be arrested for tresspassing.

  5. #5
    Join Date
    Feb 2019
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    7

    Default Re: Filmmaker Laws Around Working for Another Business

    Quote Quoting flyingron
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    A mall is private property. While you don't technically need explicit permission before you start, it would behoove you to have one as the management could tell you to pack up and get out and you would have no option but to comply or be arrested for tresspassing.
    I understand that but both my boss and the university I film for tell me a mall isn't private property and even if I get arrested I won't really be banned from the mall because I was working under the university. I don't believe this for a second. If I'm arrested for trespassing wouldn't it potentially lead me to no longer be allowed to go shopping there or even film there for my own business? The university and my boss denied to see sources, legal documents etc proving a mall was private property. Denied access to look at release forms etc. Even went as far as saying they weren't changing their mind on this and would no longer discuss the topic of permissions. Where does that leave me as an employee of said no profit organization?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Filmmaker Laws Around Working for Another Business

    You won't be arrested unless you refuse to leave if they tell you to stop filming and get out. They are free to ban you if they want (which they're free to do even if you aren't filming as long as their motivation isn't illegal discrimination such as race, etc...).

    You mean "employee" not "employer." Where it leaves you is you're likely to get fired. Nobody said life was fair.

  7. #7
    Join Date
    Feb 2019
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    7

    Default Re: Filmmaker Laws Around Working for Another Business

    Quote Quoting flyingron
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    You won't be arrested unless you refuse to leave if they tell you to stop filming and get out. They are free to ban you if they want (which they're free to do even if you aren't filming as long as their motivation isn't illegal discrimination such as race, etc...).

    You mean "employee" not "employer." Where it leaves you is you're likely to get fired. Nobody said life was fair.
    I edited the post as employer was a typo. The other issue is I film with my boss and my boss said If I got asked to leave she would keep me there and tell security guard etc I would not leave. This worries me.

  8. #8
    Join Date
    Mar 2013
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    18,340

    Default Re: Filmmaker Laws Around Working for Another Business

    Quote Quoting movt_
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    Where does that leave me as an employee of said no profit organization?
    That leaves you with two choices.

    Do what the boss says or quit.

    As for being banned or arrested, that will happen to you personally and you'll personally reap the consequences. Doesn't matter what your business entity is, it's just a piece of paper and you can't send it to the mall by itself nor will it serve your sentence for you.

    These people you are working for are morons and will throw you to the wolves in a heartbeat. You are wise to be concerned.

  9. #9
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Filmmaker Laws Around Working for Another Business

    I agree you are wise to be concerned and this is one I would say either you see/get the releases or you take your name/yourself off their employment rolls.

    I will say this is 1st year film school stuff we are talking about --- (DD #2 is a Production Assistant now, but has a BFA in Film Production so I've learned a little over those 4 yrs plus 2 in the industry).....If they are unwilling to work with you on this, I have to wonder what other issues they are skirting (safety, privacy, etc)

  10. #10
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Filmmaker Laws Around Working for Another Business

    Quote Quoting movt_
    View Post
    I understand that but both my boss and the university I film for tell me a mall isn't private property and even if I get arrested I won't really be banned from the mall because I was working under the university. I don't believe this for a second. If I'm arrested for trespassing wouldn't it potentially lead me to no longer be allowed to go shopping there or even film there for my own business? The university and my boss denied to see sources, legal documents etc proving a mall was private property. Denied access to look at release forms etc. Even went as far as saying they weren't changing their mind on this and would no longer discuss the topic of permissions. Where does that leave me as an employee of said no profit organization?

    A Mall IS private property. IF you were soliciting for signatures for a petition, etc. some State's constitution's may permit it, Ohio does not. Filming and photography are not protected speech or a form of, therefore permission would be needed.

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