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Legal advice.

Started by Badabing, April 05, 2006, 12:28:32 PM

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Badabing

My missus was involved in a road traffic accident a while back. The paramedics who arrived on scene came complete with a camera crew onboard the ambulance, working for a TV production company (imagine the programme to be something like Trauma, Blues and Twos etc.)

She (the bitch) was in a bad way - completely sparko - the TV crew filmed the ambulance turning up, the paramedics doing their work and then her being carted off to the hospital.

To cut a long story short the TV company want to use the footage for their programme, the missus has said she doesnt want it to be used - in case it causes any distress to family or friends (who also dont want it showing). The woman (comms officer) who works for Greater Manchester Ambulance Service has been good with us and has said she will make sure the film is cut right down to protect anonymity, BUT that because the footage was shot in public (or words to that effect) it can be used, a bit like public domain material??

Can anyone say if this is right as the missus family think i am lying when i recalled what i was told over the phone...

I am considering going through a solicitor etc. if needs be, but i just need to know if what i was told was right first.

Cheers.

moony1234

Legally they can show the footage as long as your missus is not recognisable from the footage.

Legally speaking, your not allowed to simply take a photo of a landmark if there are people in your shot without their permission...

Dave

IIRC they need her permission if she is part of the shot rather than in the background. If you look at things like trigger happy TV etc.. the members of the public that are directly involved in the stunts have to have given thier  permission - often youll get people in the background with thier faces blurred - these are either people who have refused their permission or (more likely) people who they never asked for permission at the time but who they judged later to be a part of the shot as they reacted to the stunt etc... - since they didnt ask for thier permission at the time they blur the faces just in case.

dogbert

What DAVE said, plus any other ways means of identifying, so any footage of the car will have the number plate blurred, etc...of course the family will know if they see injuries or landmarks they recognise, just dont watch the program.


M3ta7h3ad

Moony: You can take a photo of a street scene if you wish, without needing any permissions. Providing its on public land and that not one person in particular is the target of that shot. The only rights the people have who have been photographed are copies of the shots, you also have the right as a photographer to charge for those copies.

In badabings case they just need to blur out any identifying features. The film can still be used.


Badabing

Ive got clarification...

Basically, if she is disguised by pixelation etc. the footage can be used...

Dave, Moony etc. were correct.

Ive looked over some legal stuff as well and [in one case] a person who was filmed didnt have his face pixelated nor disguised by any means - he appealed but even then the case went to the european court of human rights, as the british legal system did not find fault with the people who took the footage.

Basically, i was correct in my assumption.

brummie

Public domain is fair game unless you specifically request through a court i believe.

All the celebs would be pulling pictures if they could, wouldnt they?

Badabing

Quote from: brummiePublic domain is fair game unless you specifically request through a court i believe.

All the celebs would be pulling pictures if they could, wouldnt they?

Also see: Street Wars, Car Wars, Blues and Twos etc...