Disclaimer

This is a blog written by a lawyer, so of course it has to open with a disclaimer. Here goes:

As you will note by the fact that you are staring at a screen full of text and not a real person, this is a website and not an attorney. Nothing in this blog is intended as legal advice or to substitute for the personalized advice of a lawyer. Only your lawyer can tell you which laws apply to your particular situation. Laws change all the time and may be subject to numerous exceptions that are not covered by this blog. There are no guarantees as to the accuracy or applicability of the information presented herein. Now that we’ve gotten that out of the way…

Wednesday, December 8, 2010

What is the Difference Between a Location Release and a Shooting Permit?

Location, location, location: the phrase is just as important to filmmakers as it is to real estate buyers. And just like buying a house, you need to be sure to have the right contracts and permissions in place before you start shooting in your new location.

A shooting permit is permission from the city or municipality to shoot on public or private property within that jurisdiction. Many filmmakers believe that they only need to worry about shooting permits if they are filming on public property, such as streets or parks. In actuality, some jurisdictions require filmmakers to secure permits and pay filing fees even if they plan to shoot only on private property within the municipality!

The key is to check with the city clerk’s office in the city or municipality in which you’ll be shooting several weeks prior to the shoot. You may have to pay a fee for a shooting permit. Some small towns can charge upwards of $500 a day (yes, Montclair, NJ, I’m talking to you!)

By contrast, a location release is a contract between you and a property owner or other authorized party that gives you the right to enter that property and shoot your film. If you shoot on private property without the owner’s permission, you may expose your production to criminal penalties and civil liability for trespass, invasion of privacy, nuisance, and other legal claims.

(See Chapter 19 of The Pocket Lawyer for Filmmakers, 2 ed. for more details on location releases and shooting permits)

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