Not at all.... Ok, here you go. http://philipbloom.net/2009/04/14/filming-in-public-places/
Have a good night.
Have a good night.
Asked to sell footage. How much?
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And still you miss the point. Filming for no commercial gain is perfectly legal in public places in the UK. However, should that footage be used for commercial purposes, which is what I'm presuming the point is of someone wanting to buy pgaucher's footage from him and the advice he is seeking, then they're subject to providing the necessary release and permissions forms. Think I said that at the outset...
Yes that's pretty much what I'm trying to understand. I live in Hong Kong and am not bound by US or UK regulations. I shot this footage to immortalize our family memories of our trip to the Maldives. Apparently the outcome is fairly decent because out of nowhere, people are asking to purchase the rights to use the footage. I have no idea where they are from and no idea if they work for a company. I can only assume they want to use that footage for commercial reasons, but even that is not clear.
So, if I sell the footage to an individual without having any idea what the footage will be used for, does this qualify as a commercial transaction? Do I need to declare this as income? Or, can this be considered as an agreement between acquaintances where no commercial intent is involved (and nothing needs to be declared). Seems to me once the footage changes hands, the responsibility for using that footage is in the hands of the person using it and my obligations end there. Am I seeing this wrong?
Now, if selling the footage is a commercial transaction, I would be better off operating under a company name which is incorporated. Of course that entails a number of obligations (taxes, costs, licenses, etc.) none of which I have the intent on pursuing.
When I look at all this, it almost seems like I'm better off not selling the footage and keep those family memories to ourselves.
What would you guys do?
Philster,
Filming a public place in the UK is not illegal for commercial gain, stop spreading FUD - take my point about BBC's highly profitable & commercial product "Britain from above".
I have provided you evidence from multiple sources to show there are no licences required, if you want to pay some dude for them the fine by me, not my money... Now I will say this:- Filming on private grounds DOES require permission from the owner. If you are planning on doing a big budget film that requires shutting a down a road or anywhere that the public has a reasonable expectation of access then you DO need council permission. If your production involves blowing stuff up then you DO need permission from the police. But I don't believe the original poster nor I are doing any of this. You do require CAA permission to use a UAV for filming for commercial gain but that was not your argument.
And just to clarify airspace in the UK, which is regarded as 1 ft above ground/building to space is considered PUBLIC space. Precedent has already been set.
I can only assume your belief is based on the chard in London saying their building design was copyrighted and they wanted a take on any video production but this was poopoo'd
I am willing to be proved wrong, so show me any reference, or even a form to apply to for filming from the air!
-please excuse caps- I am not shouting but I can't seem to find a bold option.
Filming a public place in the UK is not illegal for commercial gain, stop spreading FUD - take my point about BBC's highly profitable & commercial product "Britain from above".
I have provided you evidence from multiple sources to show there are no licences required, if you want to pay some dude for them the fine by me, not my money... Now I will say this:- Filming on private grounds DOES require permission from the owner. If you are planning on doing a big budget film that requires shutting a down a road or anywhere that the public has a reasonable expectation of access then you DO need council permission. If your production involves blowing stuff up then you DO need permission from the police. But I don't believe the original poster nor I are doing any of this. You do require CAA permission to use a UAV for filming for commercial gain but that was not your argument.
And just to clarify airspace in the UK, which is regarded as 1 ft above ground/building to space is considered PUBLIC space. Precedent has already been set.
I can only assume your belief is based on the chard in London saying their building design was copyrighted and they wanted a take on any video production but this was poopoo'd
I am willing to be proved wrong, so show me any reference, or even a form to apply to for filming from the air!
-please excuse caps- I am not shouting but I can't seem to find a bold option.
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If you want to sell it on, then do so with your own release stating that it is up to the licensee to seek any relevant permissions regarding use. I'd also find out what they want to use it for - the nature of it's use really determines it's value.
Cburns
One example - http://filmlondon.org.uk/working-boroughs-film
And CAA's document on UAV and filming for commercial gain - https://www.caa.co.uk/application.aspx?catid=33&pagetype=65&appid=11&mode=detail&id=415
I'm really not arguing about the right to film in a public place in general as a member of the public or in news gathering or as a documentary film maker, and you are correct in it being determined by the scale of the gig. However, and as you have stated, the CAA require you to have a licence to film from the air in the UK for commercial gain. Pgaucher's post was about selling the footage on, mine simply about being wary about licensing and liability.
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Regarding taxes etc, I can't comment as I don't know what you are laws you as a tax payer are subject to.
But here is a point of note:-
If you filmed it here in the UK and you didn't have your CAA "licence," then you as a pilot in command cannot sign away your responsibility to an end user like this. However, their remit does not cover international destinations.
If the Maldives have a similar requirement that you must be a qualified pilot for commercial gain, then that could bite you in the *** later. I doubt they are as advanced as the UK or Europe but it's worth doing yourself a favour, just check.
Thank you, after reading that page we are in agreement, no licence or permissions required for a public place... And yes, with a CAA "licence" you automatically have PL insurance.
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Well the footage was gathered privately and for personal pleasure. The fact that it was then posted in the public domain and a person or entity would now like to use that footage pursuant to paying a licensing fee to do so, means that the nature of it's use determines the permissions required. For example, had the clip captured a member or friend tripping up or falling over etc, pgaucher could have sold that footage to a programme in the UK called 'You've Been Framed' for a small fee. The Production Company has licensed that from the private user for public entertainment therefore the only permission required is from the private user. However, should a perfume brand come forward to buy rights to the footage for use in a tv commercial, the fees should be much higher. Again, as the footage was gathered for private use, then sold on at a later date, the rights for clearance will fall to the Advertising Agency or Production Company regarding persons or privately owned places recognisable within it. If the footage was being specifically gathered for the commercial, then permissions and licensing fees need to be sought prior to filming.
However, the CAA itself states that the laws around UAVs and their usage are still in development, so I think pgaucher is in a tricky position as it comes down to the buyer's intent of purchase.
Philster, let's agree to disagree. It is unfair on pgaucher to hijack his thread like this.
I have already stated the CAA regulations they are well known. And not having a PFAW for commercial aerial filming in the UK is a definite no go, they will come down on you. If you want to pay some random dude for a "filming in public" licence feel free.
I have already stated the CAA regulations they are well known. And not having a PFAW for commercial aerial filming in the UK is a definite no go, they will come down on you. If you want to pay some random dude for a "filming in public" licence feel free.
No kidding. Ok I'll put a price tag of $10 000 on the footage. That should calm the buyers down a bit ;-)
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$2000 is a good range. As in: I would do it for that. I'm sure people think it's worth more, or worth less. Make SURE that your contract with them states that you can still use this for your own use.
It's crazy they offered you $300 for exclusive rights.
It's crazy they offered you $300 for exclusive rights.
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Update. Buyer blew a fuse on the $10 000. Willing to pay $2000 maximum for exclusive rights. Considering I wasn't planning on selling to start with, it's not a bad deal at all, but then again, when I look at the footage available on www.airstoc.com and compare the quality of my footage, I'm thinking $2000 is not much. Am I making any sense?
The footage I have from the last 12 months is so significant, I could probably start my own stock footage company. Would that be a viable option you think?
This is a sneak peak of the places I went to with my drone in the past 12 months. The footage I have for many of these places is gorgeous. Naturally, 4K started only last month with the Inspire, but I'm heading to Mauritius tonight and I'm sure I'll capture some awesome footage there as well.
Any thoughts?
The footage I have from the last 12 months is so significant, I could probably start my own stock footage company. Would that be a viable option you think?
This is a sneak peak of the places I went to with my drone in the past 12 months. The footage I have for many of these places is gorgeous. Naturally, 4K started only last month with the Inspire, but I'm heading to Mauritius tonight and I'm sure I'll capture some awesome footage there as well.
Any thoughts?
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I don't have something official that states this. I've signed stuff in the past where that was in it to protect my work.
I typically use *very* non-legal-ese type speak with client contracts where I say: "Client agrees that they own the footage, but that I can display it on my own website and portfolio as an example of my work". Come to think of it--I never asked you to sign something like that when I designed your logo and video intro. LOL.
I might take you up on your offer for the website design. I have a few ideas in mind. Send me a note on that and I'll connect when I come back from Mauritius. Cheers
Speak to a media lawyer in your home territory to start with regarding both the acquirement of footage and then global licensing. Gathering footage for commercial purposes will require you holding the necessary permissions from people if they are deemed as recognisable or featured. Similarly permits are required in some countries/cities and not others. Operating a drone for commercial purposes in different countries will bring differing operating permissions into play too regarding the aviation authorities like the CAA in the UK or FAA in the US. Whilst you have gathered the footage (lovely stuff by the way), the authorship and copyright is yours to do with as you see fit, however, providing the paperwork some end users will require could be difficult as it is all retrospective.
I'd like to think that the footage you have gathered would be deemed as only positive for the places you've already filmed in, and therefore seen to be beneficial representations, however, opening the floodgates for amateur or indeed foreign users to bring drones and fly them without permissions or local licences will be frowned upon, if not prosecutable; certainly within cities as opposed to public parks/spaces/countryside/coastline etc.
Hope this helps.
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