The Location Managers Guild International (LMGI) is the largest organization of Location Managers and Location Scouts in the motion picture, television, commercial and print production industries. Their membership plays a vital role in the creativ
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50 • LMGI COMPASS | Summer 2021 KNOW YOUR RIGHTS: Photography Issues & Location Scouting The very nature of location scouting makes photography an important aspect of the process. Not only do photographs enable a location scout to effi ciently convey the details of a location to a production company, they also become a scout's database. Although location scouting is a fairly innocuous process, people can get upset over "strangers" who are taking photographs. It is important to understand the legal rights that you have when photographing public places and to know how to respond to harassment when taking photographs. In addition, because photographs of locations have great utility in the business of location scouting, they can be quite valuable as intellectual property. Although the fi lm industry is not exactly known for being reasonable when negotiating services, and production companies usually try to grab all the rights they can, it is nonetheless important to retain to the extent possible the rights to your photographs. Photographing Places The law in the United States is very favorable to photographers when it comes to shooting from public spaces such as sidewalks, parks and similar open areas to which public access is more or less restricted. When photographing in privately-owned spaces, you generally need the consent of the owner. However, in many cases, consent is generally implied when it appears reasonable under the circumstances to be able to take photographs. For example, you can generally assume that it is acceptable to take photographs in places such as shopping malls, public events and similar public areas unless there are signs stating that photography is not allowed or someone with authority tells you not to take photographs. Similarly, you could assume that explicit permission would be required in places that photography would be unreasonably intrusive such as taking photos of patrons at upscale restaurants or of patients in hospitals. This is often a judgment call, and various factors can be relevant regarding what is reasonable, including the number of photographs taken, the intrusiveness of the photographer and the nature of the equipment used. Theoretically, there is very little that cannot be lawfully photographed. This includes things such as government buildings, transportation facilities, bridges, oil refi neries and the police. But in practice, since 911, there are some laws that enable the prohibition of photography of specifi c areas when deemed necessary to protect national security. In addition, people in public view can almost always be photographed without their permission unless they are in a space in which they reasonably have a reasonable expectation of privacy such as dressing rooms and restrooms. When taking video of a location, keep in mind that the audio portion might be regulated by laws that prohibit the recording of conversations of other persons. These laws vary substantially by state. Some states require that all parties to a conversation must consent to recording and some states merely require that the parties be aware they are being recorded. Likewise, some states require that the parties have a reasonable expectation of privacy and others do not have this requirement. Several courts have ruled that there is a constitutional right to record police offi cers performing their duties. Although the laws pertaining to recording conversations vary substantially across the country, the issue can usually be avoided by refraining from recording in areas where conversations can be picked up by a microphone. Despite the broad right to take photographs, sometimes someone will feel the need to interfere with your activities. Examples include security guards, concerned citizens and property owners. Generally, such persons are acting out of concern that you have an improper purpose and they can often be assuaged by explaining what you are doing. However, you are not legally required to explain yourself if you don't want to. Most such confrontations can generally be handled by being civil but fi rm, albeit in a manner consistent with your personality. Keep in mind by Bert Krages