Can I film a block of garages in my street being rented out without the owners permission. I'd like to use the film commercially.
Mark
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If the owner asks you to leave you cannot refuse, and he can legally use reasonable force to eject you. If you resist he is going to call the police and that will be the end of filming.
You own copyright of what you shoot even whilst trespassing, so can do what you like with it. However he may well have a claim for damages through a civil action for trespass. At the very least this is likely to be the facility fee he would have charged for filming on his property, but a creative lawyer will be able to inflate this. You'll also be eligible for their legal costs as well as your own. You may also get trouble with police or local council, if you obstruct public rights of way.
If you must use this location your best bet would be to ask permission first. But if you get a refusal you are in a worse position since the owner has already notified that you must not film, and the damages may be higher if you go ahead anyway.
If you just go and shoot it and hope you get away with it, there is always a likelihood that the owner will get to know about it and could sue for trespass. However, any claim for damages related to filming would be shaky unless there are signs that prohibit it, or the owner has told you you cannot film. Beware though that once lawyers get involved, anything can happen, and the legal costs of arguing can be prohibitive regardless of the actual legal position.
There is no sure way round all this except to find a venue where the owner will grant permission.
Photorights admin
If you refuse to leave it becomes a criminal offence (criminal tespass) and you can be arrested or ejected with as much force as necessary - and probably a tad more.
Thanks for the reply!
So if we were making a film there with a crew and actors and the landowner found out and asked us to leave but we refused we can stay on the understanding he could bring civil charges of trespass But we would still be able to use our footage commercially and he couldnt shut our film down or make a ludicrous demand for payment?
Mark
As described in the FAQ, shooting on private property without permission is allowed until or unless it is prohibited, whereupon it becomes a civil trespass. The owner (or someone acting on their behalf) is the only party who has the power to sue you for trespass. Illicit occupiers cannot, and are probably trespassing themselves...
However if you can shoot from a public Right of Way (road, footpath) not even the landowner has any legal right to stop you shooting exteriors.
A further issue is that shooting into garages where people are visible may be a problem, since workplace interiors are generally reckoned to be places where there is a normal expectation of privacy. For that you would need the permission of the subjects, and possibly model releases if you plan commercial use. It's not cut and dried though. Usually front yards and gardens exposed to street view are not regarded as 'private', but shooting through windows into an interior, or into a fenced back garden is. A garage with the door wide open and visible from the street could be argued either way.
Editorial use should be fine provided you avoid defamatory captions.
Photorights admin
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