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What if I’ve already shot on location but don’t have permission?

3 weeks, 1 day ago - Niki Jones

Hi all,

I’m a self-shooting doc producer making a film about hunt saboteurs, and I’ve already filmed quite a bit out on Dartmoor. Most of it is observational – following activity across moorland, bridleways, bits of farmland – but it’s only now, in the edit, that I’ve started properly looking into the location release side of things.

I’ve read Dartmoor National Park’s guidance (you can see them here: https://www.dartmoor.gov.uk/about-us/news-and-media/working-with-film-companies ) and I know now that technically, filming for professional or commercial purposes should be agreed in advance with the landowner – and most of the land is privately owned. But in practice, when you’re in the middle of it, it’s not always obvious whose land you’re on, or whether you’ve crossed from public access into private land. It all felt public at the time – we weren’t behind fences or on anyone’s doorstep – but still, the lines are blurry.

So I’m trying to figure out: how risky is it to go ahead with release when you’ve filmed in this kind of grey area without permission? There’s nothing staged, nothing defamatory, but I’m also aware that the topic (hunt sabs) can be sensitive, and I don’t want to open the project up to legal issues if someone decides to push back.

Would love to hear from anyone who’s been in similar territory – filming rural, real-world situations where permissions are hard to pin down. Did you get challenged later? Blur things out? Just cross your fingers and crack on?

Cheers – Niki

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3 weeks ago - Zan Barberton

I think this law is quite a grey area generally, and I did look into it once. Because doc is a form of journalism (especially yours) and if not that is a creative expression which means you should have a right to film in public spaces if not doing so covertly and invading privacy. Watch out for “dirty” shots which imply the camera is hidden. Often the local council will demand money and permits but as far as my previous research told me this is not legally sound. Although it makes sense do ask for a few quid if you were filming a perfume ad or something! There is definitely a need for clarity on this one… the laws giving us those rights are older than the local guidelines which seek to monetise public spaces. But how could we live in a free democracy if members of the public were not free to scrutinise our lived world?

6 days, 12 hours ago - Yen Rickeard

While I am not condoning illegal trespass or lack of respect for land rights, unless they can tell what sort of a shot you have used, and exactly where it is , how can they tell where you were to take it? So chances of them spending money to sue are low. As Zan Barberton has earlier, you have a right to film in public spaces if not doing so covertly and invading privacy.

1 week, 6 days ago - Chris Chandler

Having already shot your content, as I understand it the issue isn't - or is only rarely - one of copyright or any other issue which might get your finished film withdrawn or leave you open to prosecution in and of itself. Location payment fees are for access and (in theory) the costs of managing that access during the filming process (and of course a way for landowners to monetise their property).

There is probably a more real risk of defamation or similar issues, were you to make negative comments or inferences about a property owner - but the same would apply whether you had paid location fees or not. In theory, your film could perhaps be taken as evidence of trespass - though under the law of England and Wales, this is a civil not a criminal matter.

All that said, it is good practice to always get permission from location owners as without that, you are liable to have your shoot disrupted - removed from the location, potentially arrested if the landowner and/or police felt they had a case for e.g. criminal damage.