Hi,

I'm struggling to find relevant information on the web. I recently filmed an mtb race where i told the organisers, on the morning of the event, that I would be filming. They had no problem and were happy for me to do so. I put the finished film of the event online. One of the competitors who appeared in the film requested that I remove footage of them. They said that under the Data Protection Act that I could not make the footage public without their permission – is this correct? I thought that as the event was a public sporting competition, I could make the footage public. Am I allowed to film mountain bike races and put the footage online without the permission of the competitors?

Cheers,

Stefan

Not an expert but if you got the OK from the organisers then I think the DPA doesn't even come into it. His name is not metioned or his address or anything – maybe he should not enter events as he has to leave his name and get a race number – this is a contentious issue but filming a public event is entirely legal and you can do what you want with it unless you are trying to make money from it.

It's not DPA, but IPR I should think. Does his image have value?

That said, you got consent from the organisers and I assume it was in a public place? Did they tell the competitors you were filming?

The only issue here is surely if the person can be identified from his race number. If that information is online, I would assume that he has signed a disclaimer allowing it to be so. Some interesting discussion on it here:

http://www.out-law.com/page-9645

If what they are saying were true what about events like the London Marathon. Does the BBC ask everyone that runs past one of their cameras if they can broadcast them running past? Might take a while.

I'm not sure their image has value – i doubt it very much. I don't think the organisers told the competitors I was filming, but I was fairly obvious throughout the day that I was filming the event.

It was on private land that has been made accessible to the public.

I did film the prize giving where their name was called out. If this is a problem, then I just wont film the prize givings anymore.

Im guessing the competitor in question is claiming benefits and is worried you're about to get him nicked 😉

Does the BBC ask everyone that runs past one of their cameras if they can broadcast them running past? Might take a while.

it'll be one of the conditions of entry that you consent to being filmed/used in advertising etc

Cheers Geoff,

I'd seen that link in my search. Does make for some interesting reading. Seems like there is no simple yes or no answer to this.

He was in a place to which the public had access, therefore he's fair game

I thought there were loopholes for "newsworthy events" or similar – ie a demonstration or major sporting event will be reported as it's in the public interest so newspapers don't have to obtain permission from everyone in the crowd (clearly impossible to do).

Not sure where you'd stand though – personally I go to races etc knowing that someone somewhere will more than likely take a picture of me and that doesn't bother me in the slightest. If someone was following me round the streets taking pictures of me then yes, I would be bothered!

I'm sure the rouge traders that appear on Watchdog don't give their permission to appear!

No.

They're talking bollocks. You don't need permission to film people doing things in public. You need the okay from whoever is permitting you onto the land to be legally able to film whilst you are on private land (which you got from the organisers), but not from people you film.

It might be less hassle and/or polite to take footage out if they are being a pain, and it is easy to do but you are fully within your rights just to tell them to go away, and that may well be the right thing to do.

You could even make money out of the video if you want, as long as you didn't misrepresent the people in it as being anything more than people who happened to be riding the face, ie. you stuck to just factual stuff. The only thing you couldn't do is sell it for advertising / stock use, because they tend to want image releases from people, as they will use the footage in a way that implies the person in the footage supports a particular product, which may be misrepresenting them.

Joe

He was in a place to which the public had access, therefore he's fair game

Pretty much how I see it too. You've entered a public sporting event in an area to which the public have been given access … all of which is likely to draw spectators and cameras. Its unreasonable to think that your photograph wont be taken and that your privacy breached.

How about editing the section to put a sad smiley face over his on the footage, then post it back up.

HE he still dont like it, then send him here.

oh – and where the link to the footage ?

Looking at the link above, it's clearly journalism, at a public event, you're not invading someone's privacy by showing that they won a race, and no-one would ever win that argument. Unless the race is something embarrassing like a singlespeed championships and they don't want their mates to know that they are of that persuasion.

Joe

Thanks Joe,

That is what I had always believed.

I removed the footage to keep everyone happy.

You should have referred him to Arkell V Pressdram

pft, send him a paper bag in the post and advise him to wear in whenever he steps outside.
whats his problem?
was his riding THAT awful?

As above, you can film anyone as long as you have permission from the landowner, or there isn't a byelaw expressly prohibiting it.

Having said that if a film / photo shows someone in an uncompromising position, one can be sued for defamation.

I have just been researching this with regards CCTV law, and using a camera on my bike.

I googled CCTV evidenrce rules and got all the docs you need to answer this.

Largely it seems if the area is 'normally expected to be private', ie toilets, changing rooms etc you need permission before hand. if it is public, then you don't but anyone is entitled resquest a copy of the film on which they appear and you cannot refuse.

But I haven't finished reading yet, so do goggle CCTV yourself.
There is a whole guidance doc from Information Comissions Office (ICO) that will help.

It comes down to copyright law. Regardless of permission if you film or photograph ANYTHING the copyright is yours and you are free to do what you want with it. No one can make demands as to what you do with it whether you took the footage on private land with permission or not. If you didn't have permission then you can be sued for trespass if it can be proved that you caused damage. If you misrepresent anyone then you may be open to a civil case of defamation. Regardless of anything that may happen in a civil court after the event the copyright of the image resides at all time with the photographer/film maker and at all times they are free to do as they please with it subject to the above possible actions.

In the UK there is NO requirement to obtain model releases from anyone in any image. You just need to make sure you don''t misrepresent them with the final images. If you filmed something that actually happened and you don;t edit it to make it look like something else happened then you have done nothing wrong.

But to be clear, whether you had permission to be on that land or not makes not a jot of difference to who the images belong to or what you can do with them.

lets have a look at the video then ?

I removed the footage to keep everyone happy.

Tell them you've done this because you're a decent and fair chap and not because of the Data Protection Act. Otherwise they might try and quote the act to other people to get what THEY want and not what the law says.

My mum's house kept appearing in the local news because next door was in dispute with the council. It was nothing to do with her, but there was nothing she could do to stop it. The ITN cameraman was quite an arse about it.

Cheers! Apparently the problem lies in that I have 'broadcast' the film o fthe event on the internet, so they are saying that I should have got their consent????

I wouldn't argue with them – just ask them to point you at the specific regulation that requires you to ask them

Zulu-Eleven – Member

You should have referred him to Arkell V Pressdram

I was just about to suggest that.

Cheers! Apparently the problem lies in that I have 'broadcast' the film o fthe event on the internet, so they are saying that I should have got their consent????

They're talking bollocks. Otherwise there would be no BBC news. It is completely obvious when you think about it, which I imagine they haven't.

Joe

What a tit – why would he be bothered other than:

Im guessing the competitor in question is claiming benefits and is worried you're about to get him nicked

Recommend they book an appointment with their solicitor who will straighten it all out for them.

http://video.mpora.com/watch/3UskXW5DG/

and the film, without the above mentioned footage!

Utter nonsense…

You hold copyright to the images. That means they are yours to do what you want with. Sell them, wallpaper your house with them or shoot them into space..

Maybe the competitor in question was embarrassed about his mincing performance?….some shoddy descending there…

😆

I wonder if NASA get permission to publish their pics from space since tehcnically thousands if not millions of people are 'visible' in them 🙂

I agree with El Presidente.

Sounds to me he or she should have been at work.

Did you not get permission from the organisers?
If the footage is not important then edit it other
than that seek advice

MTB vision,try googleing their name and address and phone number and see what comes up.

Copyright isn't relevant here.

There is nothing to stop filming in a public place, and a person entered in an event has no expectation of privacy.

Broadcasting said film changes that.

However if a person can be identified from the footage and they are the main subject (not incidental and in the background etc) it is personal data(the test is usually two identifiers e.g in this case the image and a number board) then Data Protection applies, and you have to have the relevant consent to use that image.

So if you have the appropriate permission from the organiser, who has informed the entrants that they will be filmed and to what purpose the images will be put and they have agreed, then you are golden.

You might want to have a look at Ofcomm guidelines, the ICO website and Outlaw.com as mentioned above is a good source.

They are a self important nob or are claiming disability allowance.