Is it okay to take pictures here?

This series highlights particularly practical points from the book "Advertising Law," explaining them in a Q&A format.

As partially introduced in Series No.5, we further explore the legal considerations that must be observed when conducting advertising shoots.

Q. We plan to shoot an advertisement outdoors.
Since we will also be shooting on roads, we have obtained permission for road use from the local police station. Is there anything else we should be aware of?
Additionally, for this shoot, we plan to film not only on roads but also on the coast. Since the police station doesn't seem to be involved with the coast, can we film there freely? It is well known that obtaining road use permission from the police station is necessary for outdoor advertising shoots.

However, are there other things we must do or be mindful of?

A. Even when filming on a road where permission has been obtained, caution is necessary if third parties or items managed by third parties appear in the background.
Furthermore, permission from the manager may be required even for locations other than roads. The coast is one such example. There are various points to consider for outdoor advertising shoots. Here, we will examine them from three main perspectives.

1. Filming in Locations Owned or Managed by Third Parties

2. Third-party property or managed items appearing in outdoor footage

3. Filming using unmanned small helicopters (so-called drones)

[Basic Knowledge]

1.Regarding outdoor advertising photography, the following points require attention from the perspective of the shooting location:

(1) Private property or locations with designated managers
When filming on private property or managed areas, permission from the owner or manager is required. (Civil Code)

(2) Filming on Roads
Shooting on roads that obstructs general traffic requires prior permission from the local police station. (Road Traffic Act)

(3) Filming on Coasts, Riverbanks, etc.
For filming on beaches, etc., where filming equipment is set up and the location is occupied, permission must be obtained from the coastal administrator. (Coastal Act)

The same applies to filming on riverbanks and similar areas. (River Act)

(4) Filming in Parks
The applicable laws vary depending on whether the park is managed by the national government or a local municipality, but permission from the park administrator or similar authority will likely be required. (Urban Parks Act, Urban Park Ordinances, Natural Parks Act)

Additionally, some parks restrict photography itself.

2.While not limited to outdoor advertising shoots, one common issue when filming outdoors is the problem of unwanted reflections or reflections in the shot.

(1) Reflections of buildings, advertisements, signs, private homes, or individuals
Owners or managers of buildings, advertisements, signs, etc., that appear in the shot may assert legal claims based on grounds such as copyright infringement, violations of the Unfair Competition Prevention Act, or tortious acts.

(2) Incidental inclusion of private individuals' likenesses or private residences
Claims may be made by the individuals depicted for infringement of portrait rights, or by residents of private homes for invasion of privacy.

While the likelihood of such legal claims being upheld is considered low, the very fact that a claim is made against the finished advertisement is problematic. Therefore, sufficient consideration must be given to background elements during filming.

For example, in cases where members of the public are captured, efforts should be made to obtain their consent beforehand whenever possible. If this is not feasible, care must be taken during the editing process to ensure individuals cannot be identified.

3.Recently, drones have become increasingly common at advertising shoots. While drone use enables innovative, low-cost filming from angles previously difficult to capture, several incidents and accidents have been reported, highlighting the risks associated with drones.

In response, the revised Aviation Act came into effect in 2015. This act includes regulations concerning (1) airspace requiring permission for drone flight and (2) flight methods. Furthermore, drone flights may also be prohibited by local government ordinances, not just the Aviation Act.

For more details, please refer to the book 'Advertising Law', which comprehensively explains the legal regulations related to advertising from both practical and theoretical perspectives.