3 years ago1,000+ Views
Last Weekend me and friends decided to go to the beach (Dameisha Beach),Shenzhen,China. with a whole set of camera rigs on the picture. But were stunned to have been told that a pass permit is required to get in. Hey thats a beach open for all citizens~WE ARE NOT REPORTER...
Just so you know, here in the USA - most beaches - if you show up with what looks like a professional video rig the police will ask you for your film permit. To shoot professional footage in a public place you have to apply for, pay for, and be approved for a film permit. if you are shooting on a sidewalk you have to pay for police for traffic control, etc... some places are do expensive to get permits for that only large productions can afford them. The cost to shoot at the Santa Monica pier costs around $10,000 last time I checked.
That seems quite the same here actually, ignore that i dont really know how much ppl should pay for shooting,for government(?). I was educated years ago that we can be sentenced for infringement of portrait rights. this is what your example trying to tell. but sadly the condition i personally reckon that Chinese do not have strong consciousness about protecting their portrait right. instead, i do notice that almost all my clients from other countries would care about our using their image to advertise our products.( one of really handsome client do agree~). interesting thing happening here recently, a chinese actor (Huang BaoQiang)not handsome,not that famous, sues a restaurant for $322 thausand for liability of using his image for commercial reason. any way i think thats ok since we take film for personal purpose.we design the camera rigs and if not trying them out while just wait till our clients give us the feedback…no no..test quality, AND have fun!:)@JonPatrickHyde
I know the laws vary considerably between countries... so I don't know if China has laws regarding consent for being filmed. In the US there are laws regarding one's right to privacy and right to control how they are perceived... called publicity rights. You don't need a person's permission to film them in a public place or event so long as you don't use the footage for commercial purposes. So for instance if you filmed a young attractive couple walking down the beach holding hands and kissing... if you planned on selling that footage you'd need them to sign a waiver saying they give up their rights. Let's say you didn't get their permission and they hadn't realized that you had shot footage of them. You sell the footage to a company that makes condoms. Before long an image of this couple is on every box of condoms this company makes. The couple sues you because they are not married and belong to a religion that forbids sex before marriage. Holding hands and kissing is ok... but the couple claims they've experienced emotional trauma because they've been treated harshly by their families and community. the implication is why would they agree to be on the packaging of a sex product if they were not having sex? They win a judgment against you and besides that they also win a judgment against the condom company. That company has to remove all of the packages with their image. This costs the company millions of dollars. Just when you think things can't get worse, the company sues you for damages, millions of dollars. They claim that you sold them footage and photos under false pretenses. Here in the US, ignorance of the law is not a defense for breaking it. This is why I feel professionals should take the time to research and understand the laws of the places where they work. Here in the US, people will walk up to you and ask you if you filmed them. Many will say that you don't have their permission to use their likeness. If you are in a public place and filming for personal, educational, or news related purposes, you don't need their permission. But any other reason, you do.
@JonPatrickHyde Thank you for telling me all that. We designed some rigs and wanna try them out but didnt know it requires film permit. It sounds make sense after your talk~besides ppl dont wanna show into stranger's camera screen...(wow,expensive!)