This is topic Advice needed on venue reference footage in forum Film-Yak at Film-Tech Forum ARCHIVE.
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Posted by Justin Silverstein (Member # 8118) on 02-09-2014, 11:01 PM:
Hi there,
First of all, hi! It's nice to meet you all. I can already tell that this forum is a fantastic resource. Mods, please forgive me if I've chosen the wrong section for this post; it didn't seem to fit into any other section. "Help wanted" isn't quite right, as I'm not actually looking to hire anyone just yet, though that may change depending on the advice I get here.
Basically, my issue is this: I need to get some sense of how plausible it might be to create, commission, or otherwise acquire a specific type of stock footage of theater venue interiors. This footage would be strictly for my personal reference purposes, as relates to a series of formal surveys and studies I'm doing in crowd psychology. I just need help deciding whether it would even be feasible for anyone to create footage that would meet my requirements, or if I should just give up and turn to another subject.
The footage simply needs to consist of a reasonably clear, totally steady shot of a movie audience filing out of a theater over the course of several minutes as the movie is ending, showing the interior of the theater as it progressively empties out. Again, this footage would strictly be for private reference and certainly none of it would be released or distributed in any way, so there is no legal issue regarding reproduction of the likenesses of the folks in the crowd (I've verified this with two lawyers).
If I knew someone in the industry, I suppose I could simply get permission to stand in the back of a theater at the appropriate time and shoot the footage unobtrusively, but alas, I have no such connections. I've already tried contacting theater management at a great many venues and explaining my situation, and none have been willing to engage in any way, presumably fearing I'm pursuing some kind of weird scam.
So, what do you all think? Is it conceivable that I could find and hire someone on a forum like this who has the means to shoot the kind of footage I need? My only real requirement is that the shot must be steady and zoomed-out enough to clearly show the movements of a good majority of the patrons as they leave, and that the video must begin before people start clearing out and continue until the theater is empty of patrons. The ideal angle would be a nice, high, wide shot looking down from projector level, if any suitable windows or openings exist up there that would allow for a good line of sight.
This project is very important and has a considerable budget, so I'm certainly not just looking for favors here. Fancy cameras needn't be used to capture the footage, either. Any late-model mobile phone capable of recording 1080p video would do the trick just fine. My hope is that I'm not being completely delusional here, and that it will in fact be possible to commission such a video from a theater employee via internet. If not, though, I'd very much appreciate any and all alternative suggestions on how I might be able to get my hands on some footage similar to what was described. I thank you all very much for your time and look forward to your thoughts!
Posted by Victor Liorentas (Member # 5272) on 02-09-2014, 11:32 PM:
Sorry to tell you straight away...but your request sounds odd and sets off alarm bells.
Perhaps an explanation of why such a thing is of interest to you would help?
Posted by Justin Silverstein (Member # 8118) on 02-10-2014, 12:55 AM:
Thanks for your input, Victor--yes, I'm fully aware that it sounds odd and vaguely alarming, which is why I'm in such a pickle! It truly is a harmless endeavor, though--just zoomed-out footage of a whole bunch of faceless people leaving a theater. The reason I need to do this is that I'm focusing on the modulating effects of environmental luminance on operant conditioning. I already have a sizable portfolio of good data on observed manifestations of operant conditioning in a variety of environments, including movie theaters (culled from earlier studies, not my own). But I simply can't imagine what kind of environment other than a movie theater would allow me to cross-modulate with a nice, sharp luminance sweep, as is typical of the point at the end of a film when the house lights begin to come on. I could manually coordinate much smaller scale experiments, but the data won't be of much use without more sizable groups of individuals, and I don't have the means to hire a hundred people to stand in a chamber while I turn the lights on
So, as weird as it may sound, it's really a quite simple and valid project, and I don't quite see what real potential there is for any serious abuse or monkey business, provided everything is done simply, minimalistically and with the proper clearances.
I sincerely apologize if some of you are finding my psychobabble hard to decode, and I will gladly break things down in as much detail as anyone would care to have. I'm an open book.
Posted by Buck Wilson (Member # 5885) on 02-10-2014, 01:00 AM:
I may be willing to offer help, but my situation may not be the best: I work at a second-run movie theater, and you're basically looking at a 40 patron cap. In perhaps a not-so-new or pretty auditorium.
Posted by Frank Cox (Member # 6258) on 02-10-2014, 01:05 AM:
Unless I'm missing something, which is likely, I don't think you're going to get the results that you think you're going to get by monitoring people leaving a theatre at the end of the show. The increase in the room's lighting isn't the factor that motivates the crowd to move. The fact that the show is over does that. You also have the people who sit through at least part of the credits who will also distort your results.
I could possibly understand your purpose if it was to monitor the effect of the end of a movie; how long it takes people to put their coats on, gather their purses/kids/etc. But that's something completely different than the fact that the lights came on. You've got the wrong stimulus at a theatre, so I don't think your results will be valid.
Posted by Justin Silverstein (Member # 8118) on 02-10-2014, 01:19 AM:
Buck- thanks! I've PMed you.
Frank- Excellent points, but I fear I've failed to make myself clear on the nature of the experiment--the stimulus isn't the luminance increase. Rather, I have a nice dataset quantifying a palette of behaviors and stimuli relevant to various transitional events in certain venues, and one such event in the dataset happens to be the conclusion of a film presentation in a darkened room, with no sudden illumination introduced. Some of the studied behaviors are known to be luminance-sensitive, others are known not to be, and still others are indeterminate. My interest is (among other things) in constructing a comparison dataset as similar as possible to the original with luminance variance introduced, exactly as normally happens at the conclusion of a film. This will open up far-reaching possibilities for analysis, in conjunction with the existing data. I've run the numbers and am quite confident that a quick-and-dirty simple video along the lines of my description in the OP will get the job done. And I sincerely thank you for expressing your methodological concerns! I'm not perfect and there's always a chance of foolish errors in thinking.
Posted by Bobby Henderson (Member # 840) on 02-10-2014, 10:10 AM:
This doesn't sound like a very practical project at all. I'm not sure how any scientific results could be gained from such a study. Too many variables are involved.
There's a number of legal hurdles that would have to be overcome just to get started. It would be difficult getting permission from the theater to shoot video inside an auditorium.
Whether the video was intended for personal or commercial purposes, everyone in the audience would probably need to sign a consent/release form. This would be mandatory if the video was going to be sold to a stock library that sells footage. Getting a few hundred strangers to agree to sign a release form would be impossible. Some just wouldn't agree to it at all. Others might expect to get paid. Even with no release forms I'm sure plenty of audience members wouldn't be too keen on being videotaped.
And then there's the matter of shooting video that looks halfway worth a damn.
quote: Justin Silverstein
Fancy cameras needn't be used to capture the footage, either. Any late-model mobile phone capable of recording 1080p video would do the trick just fine.
The lenses in smart phone cameras don't have wide enough focal lengths to get coverage of an entire movie theater auditorium. You need a super wide angle lens to do that -like 14mm on a full frame DSLR. I'm not sure if a 16-35mm wide angle zoom would be quite wide enough to cover an auditorium from the corner of the room. The newest high end DSLR cameras shoot reasonably good looking video footage at really high ISO levels, but theaters are so dark that it might be mandatory to shoot infrared video instead. Even with IR video you would probably need a number of IR lights set up in the room.
Posted by Terry Lynn-Stevens (Member # 7349) on 02-10-2014, 11:16 AM:
quote: Justin Silverstein
This project is very important and has a considerable budget, so I'm certainly not just looking for favors here.
If you have the funds, then there should be no problem getting people to attend a "paid focus" group for a movie at a movie theatre and then you would be getting your results based on the observation. I am not sure if you would have the budget to pay for everything as the ticket admission prices add up. The cinema chain that you rent the theatre from really should have no problem renting the cinema to you.
I am not sure how you would get around the issue of recording the crowd in a movie theatre. If I am correct, I believe it is a criminal offense to operate a recording device inside a movie theatre, I don't think it matters if you are recording the movie or not. There would be some legal matters here, not about the crowd but recording inside a movie theatre.
quote: Justin Silverstein
Fancy cameras needn't be used to capture the footage, either.
A small dome security camera will do the trick.
quote: Justin Silverstein
, and that it will in fact be possible to commission such a video from a theater employee via internet
It is possible to do it, I just think asking for footage from someone who owns a movie theatres or who works at one is the wrong way to do it.
Posted by Mike Blakesley (Member # 26) on 02-10-2014, 11:56 AM:
quote: Terry Lynn-Stevens
If I am correct, I believe it is a criminal offense to operate a recording device inside a movie theatre, I don't think it matters if you are recording the movie or not.
The only way it would be "illegal" would be if the screen was in the shot. Even then, it might be possible to "mask" the screen by putting some sort of object in between it and the camera lens so that only the audience would be seen in the video.
At any rate, it's not illegal to operate a recording device in a theater -- for example you could video your friends waving or something. It only becomes illegal when the camera is pointed at the screen. Theater operators, looking to simplify, just say that you can't operate a recording device inside their auditoriums period.
Posted by Martin McCaffery (Member # 37) on 02-10-2014, 01:57 PM:
And just to be hyper picky, it's not criminal. Recording would be a civil offense if you violated a copyright. There is criminal copyright violation, but that takes more, recent incident with Google Glasses not withstanding.
Posted by Steve Guttag (Member # 268) on 02-10-2014, 04:43 PM:
Imagine all of the answering machines throughout the years used to answer the phone hot movie times that would have been busted on the "no recording device" law.
Posted by Carsten Kurz (Member # 5396) on 02-10-2014, 05:27 PM:
I wouldn't have a problem recording such footage in our auditorium. Unfortunately this comes a bit late, as we just had a couple of showings with all of our 400 seats occupied, which, frankly doesn't happen often nowadays.
I would think that a local concert hall would also be an excellent location.
http://www.google.de/search?q=philharmonie+köln&safe=off&client=safari&rls=en&sour ce=lnms&tbm=isch&sa=X&ei=D2D5UsHTB4WNtQad7YD4BA&ved=0CAoQ_AUoAg&biw=1276&bih=690
Is the number of exits relevant, any other specifics regarding angle, full inclusion of audience, etc?
- Carsten
Posted by Michael Putlack (Member # 6523) on 02-10-2014, 06:10 PM:
If I were you, I'd just go to a movie on a busy night and bring a gopro. Sit in the back row in the corner. Set up shop. Know the run time of the movie ahead of time, and about 10 minutes beforehand hit record and you'll catch the lights coming up and the crowd leaving. The worst thing that would happen is someone would ask you not to. And if that happens, so be it.
Posted by Justin Silverstein (Member # 8118) on 02-10-2014, 11:11 PM:
Thanks for your thoughts, everyone. Let me just go through and address them:
Bobby- on the science, I hear you, but I've found similar research to be surprisingly productive. I totally get your skepticism, but really do have every reason to believe this will get me the data I need. But on the question of legal hurdles and release forms, I'm afraid you're mistaken--since this footage would never be seen by another human being except me and whoever shot it, no legal permission from the crowd would be required, as two lawyers have confirmed for me. As to cameras and lenses, it's not necessary for literally the entire theater to be captured in shot, just as large a portion of the audience as possible. A good view from a viewport by the projector, for example, would get the job done, with no need for a wide-angle lens. As far as lighting goes, house lights would be up at least somewhat for almost the entire duration of the video, so I'd think it would be possible to make out the movements of the crowd well enough.
Terry- whoa, the budget isn't THAT considerable!
I just meant that there is, in fact, a budget, as opposed to me trying to wrangle someone into doing something for nothing.
Carsten- Thanks for that, I've PMed you.
Michael- That was actually the very first solution that occurred to me, and I reluctantly rejected it. I figure, since I'd be sitting there in the back for the entire duration of the ending credits, I'd be just about the only one left by the end, and staff would be there to clean by then (and possibly standing there looking at me for minutes on end before that). I can't think of any way to make a recording under those circumstances without it being pretty obvious to them that I'm doing so. Surely they wouldn't tolerate that? And if they do notice that I'm recording (and I can't see how they wouldn't), won't I face a lifetime ban from that theater at minimum, and quite likely more serious penalties? Not to mention losing all the footage, bringing me back to square one. (If anyone has any input on this that's not ideal for public posting, please PM me with it.)
Thanks again for the advice everyone! And if anyone who sees this can help in any way, I truly appreciate it. Just let me know here or in a PM.
Posted by Frank Cox (Member # 6258) on 02-10-2014, 11:22 PM:
This isn't intended to sound hostile, but I suggest that anyone who's considering doing this should get an opinion from THEIR OWN LAWYER first. The fact that you have apparently cleared this with your own lawyers really isn't much use to anyone else who may be considering getting involved in this scheme.
Perhaps you should offer to pay the fees incurred in getting that opinion?
Posted by Mike Blakesley (Member # 26) on 02-10-2014, 11:25 PM:
What about shooting your footage from the FRONT of the auditorium so the screen wouldn't be involved? If you were to do it that way, and try to find a theater with the owner in the building (difficult these days but it can be done), explain your project and it should be relatively simple once the owner knows your motives aren't "suspect."
Posted by Justin Silverstein (Member # 8118) on 02-10-2014, 11:28 PM:
Frank, while I of course understand and respect what you're saying, I don't think it's necessary for people to contact their own lawyers pre-emptively. If desired, I would be happy to write up and sign a formal contract affirming that the footage will be shared with no one and seen by no one, and offering to assume the burden of any legal culpability that might result were I to violate that promise. (IMHO, this would really be overkill, as the level of legal risk involved is minimal as far as I can tell, but I'll do it if that's what people need to feel comfortable working with me.) Paying for pre-emptive legal consultation fees for each individual who works with me isn't going to work for my budget, though.
And, Mike- interesting idea, and one of the first to occur to me, but none of the theater owners I spoke to would have any of it.
Posted by Bobby Henderson (Member # 840) on 02-11-2014, 08:54 AM:
I know from my own experience doing photography work that it is best to get signed release forms from anybody in the shot if there is any chance the imagery could be used for any possible commercial purpose.
If the photography is strictly nothing more than snap shots for personal use, like putting in the family album then obviously no releases are required. Something shot for journalistic purposes may not require signed releases. But that is a gray area considering some people are in the business of selling imagery or video footage to news agencies, which arguably makes their effort more commercial rather than editorial.
What is the end goal of this scientific study? Will the results be published, including the video imagery? Will someone eventually pay for that material? You mentioned "commissioning" others to take video. Does that mean paying others for that work?
When in doubt, get people in your photos or video to sign a release form. It's kind of a CYA type of thing.
Posted by Michael Putlack (Member # 6523) on 02-11-2014, 01:54 PM:
Here is a solution similar to Terry's:
First go to the theatre and speak to management about their group discount rate. If you're talking about a group of 200+ people, you might be able to get tickets to a matinee showing at a discount (second-run) theatre for as cheap as a dollar or two a ticket. Even at a first run theatre you might be able to get that many tickets to a Monday matinee for pretty cheap.
So, see if that fits in your budget, if not, maybe tell your focus group that they can see a movie for half the price you're paying for it. So, if you're quoted $2 a ticket at the discount house, tell the focus group they can see the movie for a dollar and I bet a good number of people would come out. If you buy out the auditorium and the group know they will be observed, I don't expect the management to have an issue with you recording as long as it isn't the screen.
Posted by Leo Enticknap (Member # 534) on 02-11-2014, 04:26 PM:
quote: Terry Lynn-Stevens
If I am correct, I believe it is a criminal offense to operate a recording device inside a movie theatre, I don't think it matters if you are recording the movie or not. There would be some legal matters here...
And I'd speculate that there are civil, as well as criminal ones, focusing mainly on copyright.
I'm doing a lot of speculating here, because I don't have the background knowledge needed to quote the chapter and verse of US (federal and individual states') law on the issue. As regulars on this forum know, but the OP of this thread might not, I'm originally from the UK and only emigrated here last year. However, I did do a lot of moving image archiving work on the other side of the pond, which involved me in quite a bit of the geekery around footage licensing and the copyright issues associated with that.
The first thing I'm not sure about is whether a movie theater qualifies as a public place for the purposes of privacy and copyright law here. I'm guessing that it probably doesn't, given that they are privately owned buildings that people are admitted to in exchange for payment (payment = a contract exists, and therefore the building owner has certain legal responsibilities to the customer).
England and Wales statutes basically establish that filming and photography in a public place is an absolute right, and that no-one can claim copyright ("peronality rights" or "image rights") in any photographic image of them made in a public place. This is why celebs cannot stop paparazzi from selling the photos of them they take while walking from a hotel lobby ot their limo, etc. Apart from one or two situations that are covered by official secrets or anti kiddie-fiddling laws, you can do what you like with a camera in public.
However, that does not apply in private premises. Under the 2001 EU Copyright Directive, someone filmed or photographed on private premises has the right to restrict the use of those images unless they've signed a release form, hence the reason anyone who appears on a TV show etc. is asked to sign one. I can't find any clear answer as to whether it's the same deal here. This article (a "Filming in Public Places 101" piece on an educational video company's website) would tend to suggest that it is.
So I suspect that Bobby and Terry are right, in that you'd need the permission of everyone you video for this to be legal. There might be a workaround, e.g. a notice placed in the theatre's lobby stating that audiences in the auditorium are being videoed for the purposes of an academic research project, and that by buying a ticket you agree to this. But my gut feeling is that investing in an hour or two of a good IP attorney's time is probably the next step you need to take.
Posted by Carsten Kurz (Member # 5396) on 02-11-2014, 05:14 PM:
We have pictures and footage like this captured on multiple events, we publish this on our own site, press, etc. Frankly, I wouldn't know why this should be evaluated by a lawyer. The nature of footage like this will not allow to identify or pick out individuals, that would be my only concern IF this footage at some point might be published. IF individuals are featured in any special way, you have to get their permission. This is common law in germany.
As we own and operate the place, I do not need to ask anyone for permission to capture these images. If you're a patron trying to capture images inside the building, then of course you have to ask the manager beforehand.
- Carsten
Posted by Manny Knowles (Member # 1171) on 02-11-2014, 05:28 PM:
How to go out of business, get fired and/or prosecuted in three easy steps:
1. Be gullible enough to allow a total stranger permission to record/study ANY typical goings-on in your cinema
2. Be unlucky enough to have a shooting or some other horrible crime take place in your cinema
3. Be super-unlucky-enough to have word get out that you allowed someone record typical goings-on in your cinema
That's really all there is to it.
Posted by Carsten Kurz (Member # 5396) on 02-11-2014, 05:59 PM:
You mean all the pictures of booths, auditoriums, hallways, etc. circulating in this and other forums, YouTube, etc. have been either formally authorized OR been the cause of layoffs?
- Carsten
Posted by Manny Knowles (Member # 1171) on 02-11-2014, 06:12 PM:
Ancient island proverb: "Two wrongs don't make a right."
In any case, this is very different from anything that's been done here. I'm not aware of anyone on Film-Tech posting hours and hours of footage of how/when/where people typically enter/exit a theatre.
Ever heard of casing a joint ?
quote:
To "case a joint" is to check out the details to, and make speculations about, a home, car, store or other location for means of getting in undetected and/or removing material from said location.
Usually referred to negatively as a means to describe being suspicious someone is going to steal someone's belongings, it can also simply be a synonym for reconnaissance.
1. That banger over there was casing the joint when I came in this morning.
2. Tell Tommy to go case the Sanders' joint and see if Paulie's car is there.
3. I saw you going out to case a joint earlier, you better not take anything.
In case anyone is reading this a long time from now...
This had happened fairly recently.
Posted by Justin Silverstein (Member # 8118) on 02-11-2014, 07:23 PM:
Bobby- for all intents and purposes, this footage can be considered "personal use". There will eventually be a publication, but not of this reference footage itself, nor any closely related description or representation of it. Whatever data is eventually published will have been abstracted by quite a few layers. It's certainly not as though a direct description or accounting of behaviors of specific individuals will be published.
Michael- Interesting idea! If worst comes to absolute worst, maybe I'll attempt to make that work. I have my doubts as to whether I'll be able to wrangle a crowd on my own with the resources available to me, but it's at least worthy of consideration. Hopefully, such drastic measures won't be necessary.
Thanks of course to everyone else who's had input as well. I knew I came to the right place.
Posted by Carsten Kurz (Member # 5396) on 02-11-2014, 07:48 PM:
Oh, come on, Manny. This is not a theoretical issue. Request is for footage of any auditorium with the lights going up and people exiting. No need to know when and where this was recorded, obviously.
If you wanted to get access to this kind of information for a real venue, their website with the schedule is the first place to go, and you wouldn't need to record a video, but just buy a ticket and look at your watch being there. No need to create this kind of attention on a forum beforehand. The scene he is after happens hundreds of thousands of times every single day all around the world.
- Carsten
Posted by Manny Knowles (Member # 1171) on 02-11-2014, 08:13 PM:
My position remains unchanged.
Posted by Mike Blakesley (Member # 26) on 02-11-2014, 08:19 PM:
Also he's not looking for "hours and hours" of footage, maybe what, 3 minutes tops?
Posted by Manny Knowles (Member # 1171) on 02-11-2014, 08:50 PM:
Mhmm.
Posted by Carsten Kurz (Member # 5396) on 02-12-2014, 07:27 AM:
Manny, please! Put down your glasses! ;-)
- Carsten
Posted by Leo Enticknap (Member # 534) on 02-12-2014, 10:56 AM:
quote: Carsten Kurz
IF individuals are featured in any special way, you have to get their permission. This is common law in germany.
If a recording is made in the first place, "performers" (the definition of which varies in different EU countries' copyright acts) have the right to control what can and can't be done with their image. That is statute law throughout the European Union. If German common law says something different, then this EU directive overrides it for as long as Germany remains a member of the EU (equivalent to a federal law invalidating a state law in the US). The act which triggers these rights initally is the creation of the recording (article 2), not its publication (covered separately in article 3).
quote: Carsten Kurz
Frankly, I wouldn't know why this should be evaluated by a lawyer.
To "CYA" as one would say here = "cover your ass". I think I'm on safe ground in saying that in the US, the law places a far greater emphasis on individuals taking action against each other than the state taking action against individuals, which is really the opposite of the European tradition. For example, if there was a major disaster in a British theatre that caused lots of injuries and was the result of serious negligence, the victims would expect to be helped by the government-run healthcare and welfare systems, and for the Health and Safety Executive to hold the business to account. Here, they would have to rely on their own health insurance (and other contingency planning) initially, and then they would sue the business themselves.
What I'm guessing Manny is pointing out is that unpredictable things can happen, with lawsuits resulting from them. However, if you have taken professional legal advice before embarking on a project to the effect that what you are doing is OK, then either it really is, or if that advice turned out to be wrong, you can go after the advisor (reputable lawyers are insured against that happening). So getting the professional advice at the outset is basically another way of insuring yourself.
Posted by Frank Angel (Member # 248) on 02-21-2014, 09:44 AM:
Regardless of the legal issues, and I do believe there are plenty with respect to the presumption of privacy when a patron enters an establishment, but beyond that, what kind of a PR blunder would it be if it got out that the management of a theatre had given permission to a third party to capture images of his patrons (faces recognizable, I presume, yes? You are not videotaping the backs of their heads, right?) for data-gathering/experimental purposed without specifically informing them that this was taking place? Doing it without their knowledge, should it ever leak, would be a PR disaster of the highest order.
I can guarantee that this is a blunder no theatre owner or manager should even consider making. The ill-will it would generate would be catastrophic and probably have incredibly long legs. Not to mention the potential lawsuits. If you think there would be no cause for lawsuits -- lawsuits are filed with barely any cause all the time; this kind of thing is ripe for them.
The way this needs to be done is a theatre needs to be rented out for the experiment and ads placed for an people who are invited to see a movie free and TOLD that they are going to be videotaped for research purposes. You can coat that however you want and however you think it will sell, but tell them you must. They get to see the movie for free, but they KNOW about the image capturing and by walking into the theatre they are electing to participate. If you think their knowing will skew the results, you need to devise an experiment that tricks them about the purpose for capturing their images, but still giving you the data you are looking for. This is done all the time with well constructed behavioral tests.
Bottom line -- doing it on the sly, at least where the theatre owner is concerned, would be total folly.
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