Written by Associate, Lucy Diggle
Locational matters on a film set can present a number of legal and logistical challenges. Whilst everyone can agree that location matters, before going to camera, there’s a legal landscape to navigate, spanning private property, public spaces, intellectual property, and cultural protocols.
In this week’s blog, I break down what screen producers need to know when filming in Australia, from securing permission to shoot on private land to understanding rights (and limits) in public spaces. We’ll take a closer look at location agreements: what they are; why they matter; and the king things they should include (from a producer’s POV).
Filming on Private Property: Permission Is Key
Filming on privately owned land without permission isn’t just risky – it’s trespass.
Under Australian laws, you need consent from the landowner or occupier to access and use private property for filming. Importantly, if you’re dealing with a tenant rather than the owner, it’s wise to check the lease terms and ensure the actual landowner is also on board. The terms of a lease or occupier’s agreement may restrict what they can authorise, so best practice is to obtain permission from both the tenant and the owner.
Also keep in mind that trespass doesn’t only mean entering without permission, it includes staying on private property after being asked to leave. Even if you’ve been invited in, that invitation can be withdrawn. So, if your shoot involves private land – whether it’s a backyard, café, or commercial building – get written permission (ideally, permission that can’t be unreasonably revoked).
Interestingly, you don’t always need permission to film a private space if you’re physically located in a public one. For example, filming the interior of an apartment from a public park may be lawful, provided you don’t interfere with the occupier’s use of the property. But this is a narrow exception, and it’s always safer to seek consent.
Public Spaces
Filming in public spaces often requires council or other authority approval, especially where the activity impacts public access, creates noise or traffic disruption, uses structures or equipment, or occurs on managed parkland or Crown reserves. Even seemingly low-impact shoots can trigger permit requirements under local government laws, road management legislation, or environmental regulations. Always check the relevant council and state rules before filming to avoid fines or delays.
Common situations where a permit may be required:
- Blocking access to part of a park, beach, or street.
- Setting up temporary structures or large equipment.
- Bringing in big crews, vehicles, or catering trucks.
- Using special effects, hazardous materials, or cabling across public paths.
Inside the frame: A note on filming people
• Always remember – filming in public spaces involves more than just securing the location. Individuals captured on camera can also raise legal considerations. In Australia, there is no general legal requirement (under our current Privacy law framework) to obtain consent before filming someone in a public setting. However, exceptions exist in areas where a reasonable expectation of privacy applies, such as changing rooms, or in locations where photography is explicitly prohibited, like courtrooms.
• Things are different when you use someone’s image commercially. While Australia doesn’t have formal publicity rights, using a person’s likeness to imply endorsement, especially if they’re well known, can breach consumer law or amount to passing off. For everyday individuals, this risk is low, but for recognisable figures, it’s best to seek permission.
Location Agreements
When filming on private property, a location agreement is your best friend. A location agreement dictates the key terms under which a producer can access and use a property for filming.
A location agreement should include the following key clauses (amongst others):
Property and Access
The property being used should be described in detail, including whether the producer has access to interior and exterior areas. The agreement should outline the period during which the producer can access the property and allow for flexibility if the production schedule changes (which of course, is almost always).
Rights Granted
The producer should be granted the right to rehearse, film, photograph and record on the property. The agreement should also give the producer the right to use the footage in the final production, as well as in trailers, promotional materials and other media. These rights are typically granted in perpetuity, across all formats and platforms.
Importantly, the producer should have the right to represent the property under any name (real or fictional)and the owner should acknowledge that they won’t have any claim over the finished product.
Fees and Payment Terms
The agreement should specify the location fee payable to the property owner, including how and when it’s paid. For a larger shoot, this might include a percentage upon signing, another portion on a specific date, and the balance after filming. If the shoot is extended, the agreement should include a daily rate for extra days. And if the producer doesn’t end up using the property, it’s in the producer’s interest to seek to have the fee waived or partly reduced.
Because we’re talking about Australian productions, a quick note on informal arrangements such as offering alcohol (like a slab of beer) in exchange for access. Whilst this might seem harmless, it can trigger liquor licensing laws if the alcohol is considered payment for services. It’s best to avoid this kind of arrangement.
Damage and Restoration
Filming can be disruptive, and a well-drafted location agreement should anticipate this. Producers are typically required to restore the property to its original condition once filming is complete, except for fair wear and tear. Where the agreement includes an obligation to repair damage, it’s prudent for producers to make this conditional on the owner notifying them within a defined timeframe, for example, within seven days of the shoot. This allows the producer to address any issues promptly, allocate resources appropriately, and reduce the risk of inflated or misrepresented damage claims. For added clarity, the agreement might also include a process for jointly confirming the property’s condition during bump out.
Legal Warranties and Indemnities
The property owner should confirm they have the legal authority to grant access to the location and that no other permissions are required. If this turns out to be incorrect, the agreement should include an indemnity clause, allowing the producer to recover any losses or legal costs it incurs as a result. To protect the producer’s ability to release the film commercially and meet its obligations to other parties, the agreement should also limit the owner’s right to take legal action. For example, if the owner wishes to pursue a claim against the producer, they should be prevented under the agreement from blocking the film’s release (i.e. by pursuing injunctive relief). Instead, their remedy should be limited to damages only.
Confidentiality
A confidentiality clause should prevent the owner from disclosing details about the production or the agreement, unless expressly authorised or legally required. It’s also common for producers to give a warranty that the property’s location won’t be explicitly identified or easily recognisable in the final film, which can be a small but important privacy safeguard for owners.
Cultural Sensitivity and Copyright Considerations
While location agreements focus on access and use of physical spaces, producers should also be aware of broader legal and ethical considerations – especially when filming in culturally significant areas or capturing artistic works.
If your shoot involves Indigenous subject matter, it’s important to respect Indigenous Cultural and Intellectual Property (ICIP) rights. While ICIP isn’t yet formally recognised under Australian law, protocols have been established by councils and Indigenous arts organisations to guide respectful engagement. We recommend following these protocols and seeking guidance from organisations such as the Australia Council for the Arts.
Copyright is another area to watch. If your footage includes artworks, sculptures or murals, you may need a licence to use them – especially in commercial productions. There are exceptions for sculptures on permanent public display and buildings, but underlying works like design drawings may still be protected. For film and television, the Copyright Act provides an incidental use exception, allowing artistic works to appear in the background if they’re not central to the story. But for still photography, this exception doesn’t apply.
Further Information:
Want to read more about photography or IP? Check out these other blog posts we’ve written:
If you’re an screen producer and would like some legal advice, please contact us through our online form or via email at hello@studiolegal.com.au.
Written by Associate, Lucy Diggle
Published 22 August 2025.
Photo by SAM MCGHEE on Unsplash
DISCLAIMER
The information in this article is of a general nature. It does not constitute formal legal advice and should not be relied on as such. Please see the full disclaimer in our website terms. Please contact Studio Legal if you are seeking advice about a specific legal matter.