(Need Advice) Commercial Shoot of Private Property

[jlazz447]

Hello All!

I have a difficult question I was hoping someone could shed some light on for me...

I was recently contacted by a production company that wanted to use my drone video they saw online for part of a episode in their upcoming television show. The video was taken about a year ago and shows a burning barn on private property. I recorded the incident from a safe distance away, several hundred feet up and made sure not to fly directly over the fire. My flight took off from public property just down the road.

The production company has offered to pay for the use of the footage, and I am Part 107 certified. My question is, Do I need to seek permission from the property owner to allow the use of the footage to the company? What are the laws regarding showing private property for commercial use? My footage was shown on the local news when the story aired also.

 

[STGill]

Yes, you should get a property release, especially if anything about the property is identifiable. Just google that and you'll find some sample forms. It didn't apply for the local news because the rules for editorial and news use are different.

 

[yorlik]

Are you a lawyer?? Your reply seems totally opposite any laws I ever heard. Why would he need private owners permission?? I WANT A SECOND OPINION!

 

[STGill]

If you're selling your footage for commercial use, here's a description When Do I Need A Model or Property Release?

Do you absolutely have to have a release? No. Should you? Yes, just to be sure the owner of the property doesn't blow up and sue you. A lot of buyers of footage and photos won't accept them without a release because they could get used as well.

 

[STGill]

Also see these threads:
Who is the owner of our photos
Model Release for video - U.S. Laws?

 

[jlazz447]

@STGill what about the fact that my original purpose of the video was not for commercial use and I was not a commercial pilot at the time of the video?

(@mikekilroy1074)

 

[anotherlab]

@STGill what about the fact that my original purpose of the video was not for commercial use and I was not a commercial pilot at the time of the video?

(@mikekilroy1074)

That wouldn't make any difference at all. As the others posted, you probably do not need a release as the structure was publicly visible unless there are local laws that prohibit that. Requesting a release would short circuit any attempt by the property owner to sue you. Even when you win a lawsuit, you still lose because of the time and money expended in your defense.

 

[Phil Tuggle]

I have a difficult question I was hoping someone could shed some light on for me..Do I need to seek permission from the property owner to allow the use of the footage to the company?

No. However... @anotherlab makes a great point regarding requesting the release; get one if you can easily do so. Best to err in favor of being covered. Note that I am not a lawyer and I am not attempting to practice law here or anywhere else. I have gone by the following article, and a couple of books published by copyright lawyers for years. Obviously, there is a lot of confusion and myths.

Check this brief article about models and property that I often refer to: Dan Heller's Photography Business Blog: Busting Myths about Model Releases