Legal Question in Entertainment Law in California

Filming on Private Propery

We are doing a documentary about a small valley in our town that has 28,000 oaks, year round stream and wetlands and contains pre-historic sites that date back 7,000 years. The entire site qualifies to the National Registry of Historic Places by the State Office of Preservation. The developers want to build 800 homes.

The land is owned privately and they have a gaurd that will arrest you if he finds you on the land. We have become friendly with this gaurd and he has allowed us to film on the property. My questions are:

1. Can we be sued for filming on private property without the owners permission.

2. The guard may not admit that he allowed us on the property to save his job. If this happens can we be sued?

3. What kind of release do we need when we interview people for our documentary?

4. Do we need to have E & O insurance for our film? If so where do we get that?

Thanks.


Asked on 7/20/04, 6:43 pm

2 Answers from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Filming on Private Propery

There are a number of issues that arise in the making of a film, and the questions you raise are only the beginning. It is good that you are asking the questions sooner rather than later, and a good production attorney would be invaluable to you.

You should have permission to film on private property, but whatever you can photograph from a public street may be fair game. The guard may not have the authority to invite you onto the property, so it may not matter whether he allowed you access.

I represent filmmakers (including documentary filmmakers) and would be able to provide releases and other advice you will need in the process of making your film. Generally, I can arrange a flat fee for the entire production. For more information, feel free to call me or visit my website at www.productioncounsel.com.

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Answered on 8/01/04, 3:37 am
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Filming on Private Propery

1. You can always be sued, but for filming on private land the liability would be minimal if any at all.

2. See No. 1.

3. Good call, you should use a release. A one-pager should do the trick and my office can draft this for you.

4. You don't need E & O insurance but it could be an investment you'd like to make. I'm curious to know what liability you think you may face that would prompt you to consider E & O insurance.

Drop me a line to discuss further. ([email protected])

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Answered on 7/20/04, 7:22 pm


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