photographer's rights in spain

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mattias
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Post by mattias »

MovieStuff wrote:WE don't make the decision as to whether Mattias or his distibution company gets sued. Ordinary people that otherwise would never think about suing anyone often think differently if they feel there is money to be wrung out
as hard as this may be to believe for an american we actually don't do that in europe, honestly, which i believe was the point. ;-)

/matt
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natxo
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Post by natxo »

Things in Spain works this way:

- Legally, if your film will have any commercial use, you must have the signed agreement of all the people who is recognizable in it. A signed paper in which must be the complete name and National identity card number, giving you the rights to use his-her image for some specific use during a specific time and in a specific country, or giving you the rights to use this image for any purpose you want. I would say this is essential in tv commercials, to avoid any type of legal affair. For Example:

Yo _____, con DNI_______, autorizo a ________ a utilizar mis imagen grabada en soporte audiovisual en la producción ______, cesión que incluye los derechos de fijación, reproducción, distribución, comunicación publica y doblaje y subtitulado de su intervención en la producción, sin limitación temporal o territorial.



Unless you´re making movies or pictures of a real informative value (news, documentary), and people is in the location where that fact is going on.

But things in the real world aren´t always as the law says.

So, talking about commercials, music videos or marketing purposes, and if the people will be clearly recognized, if they´re main subjects, ALWAYS ask for a signed agreement.

But don´t worry anything about people who is in the street while you´re shooting, even if they are recognizable, if they have not any cast in the film. If you don´t want to appear in the frame, just ask kindly to separate. Most of all will do it.

In fact, people in Spain, specially out of big cities, is very pleasant and also very curious with shooting teams. I think You won´t have any problems to shoot in

About shooting permissions: you should have a shooting permission if you will shoot with a big team in any city (they´re not difficult to get).

If your production is a low budget work, or will shoot with a reduced team , only ask for permissions to shoot:

- in airports, beside official buildings, ports, in front of special buildings;
- If you need to stop the traffic


Be also careful with architectural landscapes if they are or recognized architects (for example, Ghery´s Guggenheim in Bilbao). They´re also careful with their rights. But, usually, if you ask for permissions (specially out of Madrid and Barcelona), people always help to make the shooting easy, almost always without asking for anything.
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Blue Audio Visual
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Post by Blue Audio Visual »

natxo wrote:Be also careful with architectural landscapes if they are or recognized architects (for example, Ghery´s Guggenheim in Bilbao). They´re also careful with their rights. But, usually, if you ask for permissions (specially out of Madrid and Barcelona), people always help to make the shooting easy, almost always without asking for anything.
What about the point I made earlier where I quoted some Spanish law???

"Las obras situadas permanentemente en parques, calles, plazas u otras vías públicas pueden ser reproducidas, distribuidas y comunicadas libremente por medio de pinturas, dibujos, fotografías y procedimientos audiovisuales."

What is the relevance of this legislation in regard to your point above?

Bart
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MovieStuff
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Post by MovieStuff »

mattias wrote:
MovieStuff wrote:WE don't make the decision as to whether Mattias or his distibution company gets sued. Ordinary people that otherwise would never think about suing anyone often think differently if they feel there is money to be wrung out
as hard as this may be to believe for an american we actually don't do that in europe......
Okay.

Roger
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Uppsala BildTeknik
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Post by Uppsala BildTeknik »

mattias wrote:
MovieStuff wrote:WE don't make the decision as to whether Mattias or his distibution company gets sued. Ordinary people that otherwise would never think about suing anyone often think differently if they feel there is money to be wrung out
as hard as this may be to believe for an american we actually don't do that in europe, honestly, which i believe was the point. ;-)

/matt
And also, there are just about no money at all "to earn" from a lawsuit in sweden. If someone would beat me up pretty badly they might get the horrible sum of a few hundred bucks as a fine (in dollars).

There is "no market" for lawsuits just for the sake of making money here.
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Post by MovieStuff »

Uppsala BildTeknik wrote:
There is "no market" for lawsuits just for the sake of making money here.
Okay.

Roger
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Post by steve hyde »

MovieStuff wrote:
Uppsala BildTeknik wrote:
There is "no market" for lawsuits just for the sake of making money here.
Okay.

Roger

must be nice.... Here in the usa we live in the land of opportunism .. or is that opportunity?.... more semantics.




Steve
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Post by Will2 »

Don't worry... lawsuits are headed your way. We have a way of exporting the best & the worst of our culture.
There is "no market" for lawsuits just for the sake of making money here
That's so cool that no one sues anyone in Europe over money.

I think Roger's point is still valid... even if Europe is a unified Shangra La of easy going live and let live people that don't look for opportunities to make money they may or may not be entitled to. Better to be safe than sorry whenever you can.
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Post by mattias »

Will2 wrote:even if Europe is a unified Shangra La of easy going live and let live people
we gladly report each other to the police though, and occasionally start wars, but there's no money to be made from lawsuits so suing each other is generally reserved for business to business claims.

/matt
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Post by Will2 »

mattias wrote:we gladly report each other to the police though, and occasionally start wars, but there's no money to be made from lawsuits so suing each other is generally reserved for business to business claims.
That's our problem, we have it backwards. We don't report crimes (especially in low income areas) and sue for everything.
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Post by zantizoom8 »

mattias wrote:yeah, i'm not really worried about lawsuits, i'm mostly worried about security guards, local police and pissed off locals beating me up, stealing my gear and throwing me off whatever premises. also i'm a bit worried about what distributors may say when i don't have all the releases. being able to say "oh, but i shot in spain where you don't need one" would be nice. :-)

/matt
Sounds like a job for what in the USA is called a "rent-a-cop" or private security guard whom you would hire for the times you are out shooting, stand watch over your activities and deal with the public as needed to deter predators and trouble-makers. Also, you might enlist the services for hire of a local official policeman known as a "detail" officer that is assigned overtime duty for a specific event or activity in public and who you pay the local municipality a fee or hourly rate for his services. It would also be easier to have such a guard or police officer helping you explain to the public and passers-by about the releases and obtain any information or signatures you may require. Dealing with local authorities would then not be an issue.

a most relavent posting on this thread from Spain may be your guide...
morales72 wrote: Hi to all. AFAIK, you can photograph everything in public places, except for children and officers of the law, goverment buildings, airports, etc. Regarding common people, even if you are shooting a super 8 cart of your local park (as I did many times, even anamorphic) and they refuse, they cannot say a thing against you (well, at least legally)
If you ask people on the streets you'll find that the more "castizos" (really common) they are, the more they will help and colaborate. Watch out for local policemen that will ask for permit or a brive, but actually they are so well paid that they might put you in jail.
If you come to Madrid let me know and I will do my best to help you.
The best approach to releases would be to have an attorney familiar with the requirements in that country consult you on the law and provide you with a draft of a proper release tailored to your activity, obtain any permits if necessary and deal with the local government as needed. If there is a lawyer in the EU familiar with all the policies regarding filming in public, you might consider keeping him/her on retainer for your production. Definitive answers will give you the peace of mind to have a successful project. Speculations and debate only perpetuate the thread. Best of luck on your project and have a wonderful time in Spain.

Happy Holidays everyone!
Forward, into the past.
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Uppsala BildTeknik
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Post by Uppsala BildTeknik »

I´m sure that if there was money to be made from lawsuits here we would, have lots of people trying to make a living out of it though.

The opportunity of making quick money always pulls out the worst in people, but if there is no money to make all you get is a waste of time. And all over the world the wasting-time-jerks seem to be fewer when compared to the quick-money-opportunity-jerks. ;)

So I guess we are about the same, just with different possibilities given to us from the ones who decided if lawsuiting should be a profitable game or not.

Ah, well, enough with the offtopic I guess... :)
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Post by Will2 »

Possibly off topic, sorry, but thought this was relevant to the lawsuit issue.

I'm guessing in Switzerland a 60 year old man wouldn't be suing an 8 year old over a skiing accident.

http://www.rockymountainnews.com/news/2 ... collision/
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steve hyde
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Post by steve hyde »

....this blog - that also promotes a book - might offers some insights..

http://www.guidethroughthelegaljungleblog.com/
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Post by Mitch Perkins »

mattias wrote:anyone know what the rules are for taking pictures of people in public for "commercial" purposes in spain

[...]

i'm mostly worried about security guards, local police and pissed off locals beating me up, stealing my gear
Just yell, "Hey! This has *got* to be against the rules!" ~:?)
mattias wrote:also i'm a bit worried about what distributors may say when i don't have all the releases. being able to say "oh, but i shot in spain where you don't need one" would be nice. :-)

/matt
Bourne Ultimatum shot in Madrid, I believe in the Atocha Train Station - hundreds of locals ended up on screen, huge production, millions of dollars, no lawsuits, according to the "making of" on the DVD.

Not sure if this helps, but it seemed relevant as I typed it...~:?)

Mitch
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