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Legal Issues

Recording in Public and Private Places

Before you record any images, work out two things: whether the space is public or private, and who owns it. Getting this wrong can mean trespassing or being made to stop.

Public and private spaces

A public place is somewhere anyone is allowed to go, such as a village green or a public footpath. Somewhere that feels public may still be privately owned — a railway station concourse belongs to the company that runs the station, which can ban filming without a permit.

Private property is land or buildings owned by someone, such as a farm, a back garden or a workshop. You always need the owner's permission to film there; without it you are trespassing. A private place that the public are allowed into, like a hotel lobby, still runs on the owner's rules. If staff ask you to leave and you refuse, you are trespassing too.

Personal, editorial and commercial use

The purpose changes what is allowed.

UseExampleWhat it allows
PersonalFilming your friends skateboarding on the seafront promenadeIn public places, people generally have the right to take photographs or film for personal use
EditorialA news website's photo of a flooded high street for a weather storyNewsworthy events and interviews may be photographed or filmed in public places, as long as you do not obstruct roads or pavements or harass people
CommercialA surfwear brand filming an advert with a surfer on a public beachMay need permission, may be restricted by the landowner or council, and may involve closing or restricting access to part of the area

Commercial use is the strictest because the images are selling something. Even in an open public space, a crew with lights, tripods and a lot of equipment can need permission, and may have to close or cordon off part of the area — the landowner or council decides. Being allowed to record somewhere is not automatically the same as being allowed to publish.

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