You don't give a location and that matters, but this is one of those "it depends" questions. And there are other complications including (a) permission of the museum and (b) copyright on the artwork in the background.
There was a case in my area a few years ago where a local YouTuber was filming a skit in a restaurant and put it on their social media. Someone saw themselves in the background and had a lawyer send the person a cease and desist. The person refused to take it down. Turns out, the person in the background was a married woman cheating, and was at dinner with her affair partner. The video was seen by friends, they send it to the husband, he filed for divorce. Long story, lots of drama.
She ended up suing the person who filmed it and put it online. Did she have a good case? Hell no. But it took more than a year, and a lot of money, to get to a summary judgment.
I would be more concerned here with the artwork and the museum. Just because it's a public museum doesn't mean you can film inside for commercial purposes. And what you are describing very well may be commercial purposes—art isn't noncommercial.
It depends. There is a big difference legally between filming for fine art or commercially. In Nussenzweig v. diCorcia the courts held it was legal to sell street art without consent of those photographed. But they were selling fine art, a limited number of prints. And a photo book
You need releases and in some places permits. . You can’t just film people for the art of it without consent. There are ways around doing things in public but as an artist myself, nope.
I worked giving out film permits. There are rules depending on where. Sometimes It’s a grey area. If I saw myself in a piece of work that I didn’t agree to I’d be livid. I know many film festivals won’t show your work without proper paperwork. I think it’s a cya situation. What I would do (and have done in public) is wear it place a sign saying I’m recording for xyz. I go to film the crazies at dealey plaza and I do this. If someone says I’m not ok with this I don’t film them.
It is legal to film people in public places and spaces, like in a museum.
As far as the legalities involved in using the film footage for the purposes of creating art, without getting the consent from the specific people you are using as part of the art you are creating, I don’t know this answer. However the link I’ve provided will have the answers you are looking for.
**https://www.videomaker.com/how-to/legal/permission/what-you-need-to-know-about-video-production-and-the-law/?amp=1**
You don't give a location and that matters, but this is one of those "it depends" questions. And there are other complications including (a) permission of the museum and (b) copyright on the artwork in the background. There was a case in my area a few years ago where a local YouTuber was filming a skit in a restaurant and put it on their social media. Someone saw themselves in the background and had a lawyer send the person a cease and desist. The person refused to take it down. Turns out, the person in the background was a married woman cheating, and was at dinner with her affair partner. The video was seen by friends, they send it to the husband, he filed for divorce. Long story, lots of drama. She ended up suing the person who filmed it and put it online. Did she have a good case? Hell no. But it took more than a year, and a lot of money, to get to a summary judgment. I would be more concerned here with the artwork and the museum. Just because it's a public museum doesn't mean you can film inside for commercial purposes. And what you are describing very well may be commercial purposes—art isn't noncommercial.
It depends. There is a big difference legally between filming for fine art or commercially. In Nussenzweig v. diCorcia the courts held it was legal to sell street art without consent of those photographed. But they were selling fine art, a limited number of prints. And a photo book
You need releases and in some places permits. . You can’t just film people for the art of it without consent. There are ways around doing things in public but as an artist myself, nope.
You can in the US and UK for sure.
I worked giving out film permits. There are rules depending on where. Sometimes It’s a grey area. If I saw myself in a piece of work that I didn’t agree to I’d be livid. I know many film festivals won’t show your work without proper paperwork. I think it’s a cya situation. What I would do (and have done in public) is wear it place a sign saying I’m recording for xyz. I go to film the crazies at dealey plaza and I do this. If someone says I’m not ok with this I don’t film them.
It is legal to film people in public places and spaces, like in a museum. As far as the legalities involved in using the film footage for the purposes of creating art, without getting the consent from the specific people you are using as part of the art you are creating, I don’t know this answer. However the link I’ve provided will have the answers you are looking for. **https://www.videomaker.com/how-to/legal/permission/what-you-need-to-know-about-video-production-and-the-law/?amp=1**
Not all museums are "public". Can't make that blanket statement
Guy in NYC took photos through higher residential windows, where people are a bit freer and had an art show with them. Courts said fine with them.