I have a question regarding the legal requirements for filming in public spaces and ASI monuments. I understand that for commercial purposes, a location permit is necessary from the municipal or railway authorities, and permission from the Archaeological Survey of India (ASI) is required for ASI monuments. However, for non-commercial purposes, videography is allowed in public places and in ASI monuments after paying a camera fee along with the entry ticket. My query is, if I have filmed in such locations without obtaining any permissions and later upload that footage to YouTube without monetizing the video, will this still be considered commercial usage? In other words, does the mere act of uploading a video to YouTube qualify as a commercial activity, even if it is not monetized?
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Dear Sir,
There must be mens rea (mental state of a defendant who is accused of committing a crime) at the time of uploading on YouTube. It seems you have no such criminal intention or commercial intention when you uploaded on the YouTube. Thus you are not liable to prosecution. If any criminal case is initiated against you then rush to High Court and get it quashed.
In continuation of my previous question, I would like to know if I should upload videos shot in public places and tourist spots, without permission from the relevant authorities, as non-monetized videos on YouTube.
Mere uploading of video on you tube is not a commercial activity as it is not monetised
2) the second you start to profit from the content, your videos are now in commercial use.
You can upload non monetised videos on you tube shot in public places
- If you upload videos purely for personal use or sharing with friends and family, it is not considered commercial.
- Further, If your video is monetized through YouTube’s Partner Program , affiliate marketing, sponsorships, or promoting a business, then it will considered as commercial activity.
- Since, your videos are non-monetized then simply uploading a video on YouTube doesn't make it commercial unless you are using the platform to earn money or promote a business.
- Further, No Permission Required for filming in open, accessible public places like streets, parks, beaches, or public landmarks.
In India, it's not illegal to record someone in a public place without their consent if they are visible and audible, and don't have a reasonable expectation of privacy.
People who are recorded in public have a right of publicity, which gives them control over who makes money from their image. This may require a written agreement before use.
Local governments can control the use of their property, but restrictions must be lawful and non-discriminatory
There are exceptions to the Copyright Act that allow filming without permission in certain circumstances, such as for research, news reporting, criticism, or parody.
If you want to use copyright-protected material in your video, you should reach out to the copyright owners to negotiate a license.
Insofar as uploading the video in you tube if you intend to monetize the content in your videos, it will be termed as a commercial activity. If you don't intend to monetize, it's non-commercial use
If a police officer stops you for taking photos or videos, you should remain polite and ask if you are free to go. You can also state that you believe you have the right to take pictures or videos.
YouTube videos are copyrighted to the person who created and then uploaded them onto YouTube.
In order to use your video without copy rights, using short excerpts rather than lengthy segments reduces the likelihood of copyright infringement lawsuit. Keep your clips concise and relevant to the points you're addressing in your video.
Insofar as uploading the video in you tube if you intend to monetize the content in your videos, it will be termed as a commercial activity. If you don't intend to monetize, it's non-commercial use
If a police officer stops you for taking photos or videos, you should remain polite and ask if you are free to go. You can also state that you believe you have the right to take pictures or videos.
YouTube videos are copyrighted to the person who created and then uploaded them onto YouTube.
In order to use your video without copy rights, using short excerpts rather than lengthy segments reduces the likelihood of copyright infringement lawsuit. Keep your clips concise and relevant to the points you're addressing in your video.
Dear Client,
Regarding the uploading of the footage shot in different places including public places and ASI monuments to YouTube even without monetization, the following legal questions are in best interest based on Indian laws. So, Here is a clear response to help you understand the situation
Firstly, filming on the roads and streets and at the ASI monuments needs permission mostly if the purpose is commercial in nature. For shooting, other than commercial purpose like documentary films and advertisement, there is no restriction in fee except in ASI monuments they charge camera fee. Nevertheless, such an operation, as is the uploading of that footage to a channel on YouTube, even for no profit, can seemingly create confusion in this aspect between personal and commercial use. However, although uploading a non-monetized video does not amount to commercial use, it is evident that YouTube is a public domain, and since uploading a video or applying copyright there amounts to applying the video for commercial purposes. In some cases they still would need permission especially if the authorities make perceive the sharing of such footage to be for public viewing.
Regarding the ASI monuments, if they utilize any footages and disseminate them to the public, it purely could be violating the rules of protected monuments even if the usage was of non commercial nature. Hence it would be advisable to seek the appropriate permissions or contact the authorities to find out about the intentions of the use.
Therefore, regardless of the noncommercial nature of the videos, posting them online can be considered as commercial use, and therefore permission should be sought to avoid possible problems in the future.
I hope this response is beneficial for your situation. If you need any further assistance regarding this matter, do not hesitate to contact us again.
