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We have a Modern Home in CA. we keep getting inquiries about "filming" in the house...I suspect these are from the adult industry and would like to add somehting in our contract to elimite this...any thoughts on proper verbage...
You could add a simple paragraph like:
FILMING & PHOTOGRAPHY - While taking videos and photographs for personal use of family vacation events is permissible, filming and photography for commercial use is strictly prohibited.
Below is the general law but it can vary from state to state and location to location.
Property owners may legally prohibit photography on their premises but have no right to prohibit others from photographing their property from other locations. Whether you need permission from a property owners while on their premises depends on the circumstances. In any case, when a property owner tells you not to take photographs while you are on the premises you are legally obligated to honor the request.
I just posted a similar question on the site then saw Renee's post. We too have been getting similar requests and have ignored all of them. I was assuming it was a scam or a porno shoot. We do have a nice property and two of the requests came from what appeared to be Playboy magazine. We have never bothered to put anything in the contract about film shoots as if they say it up front, we just tell them we don't allow it.
I would suggest adding in "exhibition" use is also prohibited. A lot of filming, say a student film, a school based project or an art exhibit of photography might be interpreted by some as non-commercial. Prohibiting use for exhibition just may help protect that from occurring without your permission in advance or at all.
You probably are right that these inquiries are for porn films. I guess you can be grateful that the people have been upfront that they are filmmakers rather than travelers.
After I had an inquiry to use my property as a massage studio I added the following clause to my contract as a catch all:
Since you seem to have a particular problem with photographers/filmmakers you might want special language focused on that. You might consider including language to the effect that you would own the copyright on all photographs, films, and videos produced on the premises to prevent them from profiting. Recognize that to distinguish between what is allowed and what is prohibited could be difficult. Would a prohibition of commercial or professional filmmaking prohibit a group of adventurous amateurs from staging an orgy filmed for their own entertainment, and which video later shows up on amateur porn sites? Careful vetting of travelers, and rejecting locals, may be the best way to cope.
these inquiries are for porn films.
So what? Is that going to damage or reduce the value of your VR? Is it illegal? NO!
You might consider including language to the effect that you would own the copyright on all photographs
Why add something to a rental contract that is not legally allowable? Doesnt make alot of sense to me. Copyright law is complex but it is not possible to make a private contract that supercedes public laws.
Would a prohibition of commercial or professional filmmaking prohibit a group of adventurous amateurs from staging an orgy filmed for their own entertainment, and which video later shows up on amateur porn sites?
Alot of stuff goes on in our VR's that we probably would rather not see or know about. So what? Are we going to be homophobic or the sex police now?
Careful vetting of travelers, and rejecting locals, may be the best way to cope.
This is silly talk. How do you vett potential travelers concerning their intimate behavior and if a camera is running?
And rejecting locals because they might be making porn videos? Are you serious???
You should have rules against commercial use of your property, and you may have limits on how many can be on-site. And you probably have rules that no illegal activities may occur on your property.
Any further intrusion on what your guests do is asking for BIG trouble IMO.
I had someone stay in my home from a Faith based organization that had guest speakes staying there and asked if they could film the home with their guest speakers there. I said sure. I think that it depends on why they are filming.....you never know you may be getting something like this??? Perhaps a homey atmosphere near a fireplace is far more relaxing for the interview than a church setting?? I don't know, but I wouldn't just rule everyone out without finding out more information. I felt honored that they chose my home for their interview.