Hey!
I have a somewhat niche question for the filming rules in Germany. I already know about street photography rules in Germany but I recently switched from photography to filmmaking as a hobby.

I did a small research and I think normally I need to take a filmmaking permit in Berlin but I assume it’s for a commercial work. The issue is, my camera looks too professional because it’s really big with all the extra parts in comparison to classic hobbyist cameras.

I had some shots in other countries and people always stared at me and thinking that I am an influencer or something.

So, my question is, if an officer would ask for a filming permit, would it be enough for me to say I am just hobbyist with this camera? In my opinion this is no different than recording with an iPhone but I am curious how it would be perceived as.

by vitainpixels

17 comments

  1. What matters is what you film, not how expensive your camera is.

  2. I don’t know, do I need a driver’s licence for my expensive Porsche?

  3. I’m no expert but you can film anything you want, you’ll only get in legal trouble if you post it somewhere without consent.

    But it’s just human decency to ask the person before filming them, their belongings and actions.

  5. In Berlin, permits are indeed required for commercial filming, but not private. At least, that’s the official line. One question is what actually counts as “commercial”? Are you getting advertising revenue from, say, YouTube? That might count, at least technically.

    In reality, I suspect that if you’re not causing an obstruction and not violating anyone’s privacy, they won’t really care very much. A YouTuber pointing their DJI Osmo at the Brandenburg Gate will go unnoticed. A crew consisting of a camera operator with an FX6 on a tripod, a boom operator, a sound recordist, a director, somebody holding a reflector and a couple of actors will absolutely need a permit.

    I use a Panasonic HC-X2, which is a *huge* camcorder, but I think I would chance it and just make sure I keep out of people’s way and don’t stand in traffic or on a bike lane. The intent is to make sure film crews don’t inconvenience or endanger members of the public, not to cash in on people taking a few shots for their Insta reels.

    I would avoid filming indoors without permission, and that includes on trains and trams and inside U-Bahn and S-Bahn stations. For that kind of thing you need permission from whoever owns and runs those places.

    I’m wondering, though, whether your rig isn’t a bit much for what you want to do. Do you really need follow focus and an external mic?

    If you’re not sure, your contact is [Filmcommission Berlin-Brandenburg](https://www.bbfc.de/drehgenehmigungen/drehen-auf-oeffentlichem-strassenland), although of course there’s always a chance they’ll interpret their own rules overly strictly.

  6. depends what you filming and where. lots of newer building you need a permit. people that are identfieable and you intdnd of making it public avaible aka youtube or website thats a permit and a allowec from the human you filming.
    just nature is fine. demostration also fine also long as nobody is identfiable.

  7. Please also consider that it might be already considered commercial if you earn a few euros through ads on a website or YouTube where you display your work.

  9. If you include people in the recording they may need to consent, but if they’re in the background it usually doesn’t matter but they still may report the video on YouTube since their face Is in there so to be sure don’t have “high quality” pictures of people in the foreground ig

  10. You dont need a permit in public (outdoor). And its not illegal to film people, as long as you dont publish it without asking.

  11. Sometimes i just wonder what ideas go round people’s heads

  12. I work in the industry and can contribute a little. There are several aspects to consider:

    1. Most cities generally allow filming in public places without a permit, if you are filming with limited equipment and teams of up to 6 people max. Limited equipment usually means a single camera and tripod, although some cities further limit it to only a camera and no tripod. Important: different rules for different cities. You should be good in most with your setup.

    2. As others have already stated, the use of your footage largely dictates, what you are allowed to film/publish. Journalistic purposes mean you are generally allowed to film anything of public interest, however many, many legal caveats apply. Here, a so-called “Presseausweis” (Press-ID) helps, which is not too hard to obtain, if you can prove that you do journalistic work.
    Commercial purposes usually require you to have permissions of anything/anyone in an image. And any monetized video is a commercial use.

    3. Generally you will probably need a consent form of anyone other than you appearing identifiably in front of the camera (and German law has a very broad understanding of what makes people identifiable. For example license plates are identifiable information and should therefore always be blurred!). I say “identifiably” because there is a thing called “Beiwerk”, where if the focus of an image lies on something legally allowed, a random person in frame will not automatically mage that image illegal.

    4. There is a German saying: “Wo kein Kläger, da kein Richter.” – No plaintiff, no judge. If you don’t film strangers, don’t behave like an asshole and only use the footage for artistic purposes or a small YouTube channel, you probably won’t have to worry too much.

  13. just to be clear, this reddit is (surprise) a very german one. Much more german then the germans you meet in the streets in general especially in berlin. So, while these rules are true and are a good guideline, filming esp in a big city like berlin is so normal nobody really cares. You for sure need a permit if filming inside a property, shop etc. or you most likely will be told to stop, ask for what or get a ban from entering again. But in general film in public spaces, dont be intrusive and you will be fine. I doubt there will be any legal consequences. At most you will be told to stop or asked for what you are filming. Dont constrict yourself too much. Its not as bad as some will make it sound.

  14. This question explains a lot of the illegal prank/trend videos where people get filmed without their consent

    “Its just an iphone, im allowed”

  16. Legally you’re fine, but people are arseholes and will probably complain 

  17. No. It’s not the status of you or your equipment. It is where you want to work, and what you want to film or photograph.

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