# Showing camera footage of others without permission - is it legal?

**URL:** <https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993>\
**Category:** Factual Questions\
**Created:** [September 15, 2016, 7:45am UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993 "2016-09-15T07:45:00Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![ripply](https://avatars.discourse-cdn.com/v4/letter/r/f4b2a3/32.png) [@ripply](https://boards.straightdope.com/u/ripply)\
**Post date:** [September 15, 2016, 7:45am UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/1 "2016-09-15T07:45:00Z")

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Some of the reality TV shows have made me wonder about this. Many of the people they show seem very unhappy about being filmed and I doubt they’d have given permission for it to be shown. They’re often in compromising situations or aren’t behaving at their best. I’ve seen footage of angry people at airports, others getting stopped and searched for drugs, drunk girls staggering along the street, etc. Also home videos where people have caught others on camera falling over, crashing their car or whatever, and cctv in stores catching criminals at work.

Is it legal to show this footage without the person’s permission, or without even asking? What about photos too. If someone took photos of me without my knowledge. Can they legally put those photos online?

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**Author:** ![jtur88](https://avatars.discourse-cdn.com/v4/letter/j/e9c0ed/32.png) [@jtur88](https://boards.straightdope.com/u/jtur88)\
**Post date:** [September 15, 2016, 10:12am UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/2 "2016-09-15T10:12:29Z")

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When I worked as a TV journalist, we carried release forms with us. Whenever we filmed people who were not “public figures” but were identifiable on camera, we needed to have them sign a release form, giving us permission to air the footage. This did not apply to people in the background, but only to those who could be identified as being germane to the circumstances surrounding the filming. A person in a public place who can be seen in real time has no expectation of privacy in retrospect. The release form were used in situations in which a bystander might be asked to appear or speak in the context of the filming. If someone says something, then refused to sign the release, we can’t use it.

Case in point. Let’s say we wanted to do a feature on obesity, so we go out and get some random shots of fat people walking around. If the person can be recognized and identified, it is no-go, because it is editorially representing a private person as being fat. However, the footage can be used in general crowd scenes, in which the background people are not represented as being salient to the context, like if the feature wee about pedestrian safety…

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**Author:** ![ripply](https://avatars.discourse-cdn.com/v4/letter/r/f4b2a3/32.png) [@ripply](https://boards.straightdope.com/u/ripply)\
**Post date:** [September 15, 2016, 10:25am UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/3 "2016-09-15T10:25:11Z")

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Thanks for that. I guess these drunk/angry people must have given their permission for it to be shown. I can’t think why they would, unless they were paid. I wouldn’t want to be shown on TV looking like a fool.

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**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\
**Post date:** [September 15, 2016, 1:23pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/4 "2016-09-15T13:23:02Z")

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> [@ripply](#):
>
> Thanks for that. I guess these drunk/angry people must have given their permission for it to be shown. I can’t think why they would, unless they were paid. I wouldn’t want to be shown on TV looking like a fool.

You’d be surprised. As far as I know, shows like _COPS_ and _Cheaters_ and the like, if you see their faces, they’ve signed a release to be on TV. [See this Mental Floss article](http://mentalfloss.com/article/19326/5-things-you-didnt-know-about-cops)

> [@](#):
>
> In the early days of the series, many of the perp’s faces were blurred. Folks were unfamiliar with the show and were wary of appearing on camera. **However, once COPS became a hit, over 90% of the arrestees signed release forms.** Even though their initial reaction might have been "Get those cameras out of my face," once they found out that the footage was for COPS, they willingly agreed to be on TV. Producer Langley shrugs and figures it must have something to do with that "15 minutes of fame" thing.

(Emphasis in original.)

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**Author:** ![Flyer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/flyer/32/7298_2.png) [@Flyer](https://boards.straightdope.com/u/Flyer)\
**Post date:** [September 15, 2016, 1:44pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/5 "2016-09-15T13:44:05Z")

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> [@ripply](#):
>
> Some of the reality TV shows have made me wonder about this. Many of the people they show seem very unhappy about being filmed and I doubt they’d have given permission for it to be shown. They’re often in compromising situations or aren’t behaving at their best. I’ve seen footage of angry people at airports, others getting stopped and searched for drugs, drunk girls staggering along the street, etc. Also home videos where people have caught others on camera falling over, crashing their car or whatever, and cctv in stores catching criminals at work.
> 
> Is it legal to show this footage without the person’s permission, or without even asking? What about photos too. If someone took photos of me without my knowledge. Can they legally put those photos online?

The rule of thumb is that if you’re planning to make money from the picture or video, you need the person(s) to sign a release form.

But whoever took the picture or video owns it, and (other than for money-making purposes) can do whatever he wants to with it without the permission of anybody in it.

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**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\
**Post date:** [September 15, 2016, 2:33pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/6 "2016-09-15T14:33:59Z")

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> [@Flyer](#):
>
> The rule of thumb is that if you’re planning to make money from the picture or video, you need the person(s) to sign a release form.

It’s a bit more nuanced than that, and I would put the rule of thumb as editorial/informational/artistic use vs. commercial use. You can make money on selling the photos either way.

Generally, if it’s a news photo that is going to be used editorially or informationally you don’t require a release. If it’s going to be used commercially, you do. News photographers sell and resell their editorial photos all the time without any sort of releases–however, the market is more limited if you don’t have a release. (Back in my editorial photography days, a substantial portion of my income was resales for editorial work I did not have a model release for.) Now, of course, there are gray areas between editorial/informational and commercial use, and that’s when the courts come in. There’s also exceptions regarding art photography not requiring releases. And you can sell those photos.

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**Author:** ![Enola\_Straight](https://avatars.discourse-cdn.com/v4/letter/e/dec6dc/32.png) [@Enola\_Straight](https://boards.straightdope.com/u/Enola_Straight)\
**Post date:** [September 15, 2016, 4:35pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/7 "2016-09-15T16:35:07Z")

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I answered a question like this on the boards years ago…

I believe one can photograph anyone in a public place, as the photographee has no expectation of privacy.

The photographer can photograph another on the photographer’s personal/private property, as the owner may surveil their property as they see fit.

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**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\
**Post date:** [September 15, 2016, 4:38pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/8 "2016-09-15T16:38:09Z")

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> [@Enola\_Straight](#):
>
> I answered a question like this on the boards years ago…
> 
> I believe one can photograph anyone in a public place, as the photographee has no expectation of privacy.
> 
> The photographer can photograph another on the photographer’s personal/private property, as the owner may surveil their property as they see fit.

There’s a difference, though, between the actual taking of the photographs and how they can be used afterwards. I can’t take a picture of the OP in a public place and then sell it to an advertising company as stock, for example. Heck, even in my studio as a privately commissioned portrait, I can’t sell it for stock unless I have a model release. Heck, unless they sign a release (which my clients do), I technically am not supposed to use it as promotional material for my own business, even.

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [September 15, 2016, 5:48pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/9 "2016-09-15T17:48:08Z")

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I highly doubt people in YouTube postings sign releases.

As said, people filmed in public have no right to privacy.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [September 15, 2016, 6:02pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/10 "2016-09-15T18:02:17Z")

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You’d be surprised (or maybe not) about how fast people stop caring about their privacy if they’re told they’re going to be on TV.

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**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\
**Post date:** [September 15, 2016, 6:20pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/11 "2016-09-15T18:20:13Z")

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> [@Omar\_Little](#):
>
> I highly doubt people in YouTube postings sign releases.

Of course not. But most of those are not for commercial use. Once those videos/photos start getting used commercially, you’re opening up a can of worms.

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**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\
**Post date:** [September 15, 2016, 6:58pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/12 "2016-09-15T18:58:28Z")

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> [@pulykamell](#):
>
> Of course not. But most of those are not for commercial use. Once those videos/photos start getting used commercially, you’re opening up a can of worms.

Don’t most Youtube videos have ads run over or before them?

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**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\
**Post date:** [September 15, 2016, 7:02pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/13 "2016-09-15T19:02:58Z")

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> [@Telemark](#):
>
> Don’t most Youtube videos have ads run over or before them?

They do and a monetarized video certanly sounds like commercial release to me.

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**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\
**Post date:** [September 15, 2016, 7:11pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/14 "2016-09-15T19:11:07Z")

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Youtube has a mechanism where you can request they take down a video that displays your “image or full name” without your permission. Same as google maps, who will blur your face if it shows up in street view - I’ve got personal experience with that one.

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**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\
**Post date:** [September 15, 2016, 7:17pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/15 "2016-09-15T19:17:06Z")

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> [@Telemark](#):
>
> Don’t most Youtube videos have ads run over or before them?

None of mine do, but I guess it doesn’t matter, as there is a mechanism in place to deal with this according to the post above mine.

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**Author:** ![ripply](https://avatars.discourse-cdn.com/v4/letter/r/f4b2a3/32.png) [@ripply](https://boards.straightdope.com/u/ripply)\
**Post date:** [September 15, 2016, 8:37pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/16 "2016-09-15T20:37:24Z")

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It all seems rather complicated. So if some random person films me walking about the park/town, they can put it on YouTube with no consequences as long as they aren’t making money from it. Is that true? Even if I’m clearly identifiable?

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**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\
**Post date:** [September 15, 2016, 10:12pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/17 "2016-09-15T22:12:00Z")

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> [@ripply](#):
>
> It all seems rather complicated. So if some random person films me walking about the park/town, they can put it on YouTube with no consequences as long as they aren’t making money from it. Is that true? Even if I’m clearly identifiable?

The news certainly can. I’m not 100% sure about Youtube. I would think it’s okay, but I’m not certain, and it’s possible that Youtube would just delete the video if you complained to be safe.

ETA: [This seems to suggest that as long as you’re in a public place](http://techin.oureverydaylife.com/need-subjects-permission-put-video-youtube-18161.html) where there’s no reasonable expectation of privacy, so as long as it’s not being used for commercial purposes, it can be posted. The devil is in the details, though.

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**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\
**Post date:** [September 15, 2016, 10:18pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/18 "2016-09-15T22:18:35Z")

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Judging by [this post](https://www.jwz.org/blog/2011/05/youtubes-privacy-violation-policy-is-a-steaming-pile-of-horse-shit/), it also seems that Youtube is fairly CYA about privacy complaints, so if you complain, they’ll probably take it down. And [here’s a link to their privacy policy.](https://www.youtube.com/static?template=privacy_guidelines)

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**Author:** ![chacoguy](https://avatars.discourse-cdn.com/v4/letter/c/50afbb/32.png) [@chacoguy](https://boards.straightdope.com/u/chacoguy)\
**Post date:** [September 15, 2016, 10:34pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/19 "2016-09-15T22:34:10Z")

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What about those shots of folks punching people at political rallies? I don’t want to turn this into a hijack, but if a Trump supporter gets filmed punching a protestor, I seriously doubt that they’re going to sign a release for NPR.

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**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\
**Post date:** [September 15, 2016, 10:44pm UTC](https://boards.straightdope.com/t/showing-camera-footage-of-others-without-permission-is-it-legal/765993/20 "2016-09-15T22:44:16Z")

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As states above, signed releases are not required for news and editorial works.

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