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Flying and filming in public spaces

CarlosGMaier

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I was not able to find anything posted: when flying and filming in public spaces like a beach, park, street, etc.
what are the rules for privacy/getting/needing permission form people who are at that moment in those spaces?
I am not talking about FAA rules at this time. If you can point to specifics, not interested in opinions
Thank you
 
I was not able to find anything posted: when flying and filming in public spaces like a beach, park, street, etc.
what are the rules for privacy/getting/needing permission form people who are at that moment in those spaces?
I am not talking about FAA rules at this time. If you can point to specifics, not interested in opinions
Thank you

Depends on the country. What country are you in?

For the US, it is legal to photograph or videotape anything and anyone on any public property, within reasonable community standards.

http://www.krages.com/ThePhotographersRight.pdf

"Basically, anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, and inside their homes."
 
I Googled photography release form and found this site: Do I Need a Photo Release For That?. It states:
"Public versus private places
First of all, let’s be clear that you are always free to sell photos of any subject without permission or a signed release, with one big exception: You cannot legally photograph people in private places without their expressed permission. In the United States, every citizen is guaranteed a reasonable expectation of privacy, meaning if you are in your home or on private property, you have the right to prevent someone from taking your photo if they are standing on your private land. However, the moment you step out into public areas, such as a public park, you forfeit your right to privacy and may be photographed by anyone without your consent. Thinking of this from a photographer’s perspective, it’s also important to realize that no one can legally prevent you from taking a photo in a public space, but they can do so in private spaces."

I am not a lawyer and can not verify the above, so you will need to check the regulations in your jurisdiction. The site states some exceptions, like using someones likeness to promote something, so further reading and searching is necessary. This is just a start.
 
Your profile doesn't state where you are but since you mentioned FAA I'm assuming it's the States. You are allowed to film in public spaces (absent other restrictions) as long as you are doing so in a place where an individual does not have a reasonable expectation of privacy. So you can film at a public beach, but not in the bathroom at a public beach. You can't film and interfere with a person's activities, so flying over a group of skiers a couple hundred feet up is okay, but ten feet up could be construed as interference. There are a ton of results about this (in general) available off of your search engine of choice.
 
I live in Mexico but I am from the US. I am also a professional photographer and know when to ask for a release, etc. I never had any issue photographing in public spaces with a still camera. I was flying on a public beach last week about 30 meters high and 100 meter way paning along the beach. Everybody saw the Mavic, since I did multiple passes, only one person, an American, approached me and was upset that I did not ask for his permission to film. We had a civil discussion but he did not buy my argument about public spaces. The issue is always when you fly a "drone" that people get upset
 
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Even though it's perfectly legal to take photos/video in public places, it doesn't mean that this right should be used inconsiderably. I'm more scared of flying near people/houses and annoying people and possibly getting into an altercation than flying 4000 feet up a mountain. Even if I fly on a mostly deserted shoreline like that along US1/101 in California, Oregon, Washington, I try not to loiter and always fly fast and with maneuvers so it looks like somebody is just playing with their racing RC toy.
 
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Depends on the country. What country are you in?

For the US, it is legal to photograph or videotape anything and anyone on any public property, within reasonable community standards.

http://www.krages.com/ThePhotographersRight.pdf

"Basically, anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, and inside their homes."
I carry a printed copy of "The Photographers Right" along with the FAA rules as you never know when it will come in handy.
 

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