From real to reel: 3D scanning and film location agreements

The film location business is entering a new world order. Where once film crews needed to revisit locations to capture additional footage or build elaborate sets from drawings to replicate those locations in a studio, today's productions increasingly rely on cutting-edge digital tools to streamline the filmmaking process.

At the heart of this evolution is a family of 3D scanning technologies, and for landowners who hire out their land or property as a location, there are some important points to note.

What is 3D scanning?

In general terms, 3D scanning – such as LiDAR (which stands for light detection and ranging) – allows filmmakers to capture the shape, structure and appearance of a physical environment with remarkable accuracy. The data can then be used to create replica sets of the scanned location in a studio. These virtual environments and realistic backdrops mean that film crews can shoot scenes in a studio that look like they were filmed on your location, without being there.

What does this mean for landowners?

For landowners who hire out their land or property for filming, it is important to ensure that you are clear on the purpose of that hire, and what you are permitting to take place on your property.

Traditionally, film location agreements permitted access to a location for the purposes of filming and photography only, and included protections for the landowner for the disturbance and disruption caused, as well as against the risk of damage to their property. If scanning is also permitted, however, then it is important to protect the location’s intellectual property (IP) as well as its physical property.

What are the risks?

Once a digital scan of your property exists, then – without robust contractual controls in place on its use – the scan can potentially be used again and again, modified, manipulated with AI, licensed on, used to create digital replicas and so on. All of this is likely to have a negative impact on repeat business opportunities and future revenue streams. There is also a potential reputational impact if you lose control over how your property is depicted – especially where the scans are capable of being manipulated, or used in unrelated projects by other, less savoury, production companies. Outside the filming context, there are of course, also security concerns if the scans fall into the wrong hands.

What happens on your property is within your control, as long as the contract reflects that. Scanning activity is something you are free to restrict if you are not comfortable with it, but it’s important to speak up, as production companies are increasingly expecting it to be included.

What are the benefits?

With the right contractual controls in place, there are benefits to permitting scanning:

• permitting scanning as part of a hire will typically generate a higher fee;
• the right to scan on location is likely to make your property more attractive to production companies and keep it competitive; and
• permitting scanning can reduce the need for follow-up visits or high risk stunts being carried out on location; this protects the property and reduces the impact and disruption (but ensure the fee agreed reflects this).

Our suggested approach is not to reject the use of scanning technologies outright, but to manage their use on your property strategically. Permit limited use which maximises the value of the hire for you, while safeguarding your IP and future commercial opportunities.

What should the film location agreement say?

To address scanning activity in this context, we recommend film location agreements should:

• explicitly state whether scanning is permitted as part of the hire;
• specify which areas of the property may be scanned or filmed, for what purposes, and whether there are any restrictions;
• require production companies to provide details of the film/series in advance, and restrict usage of the scans to the creation and marketing of that production only;
• consider restrictions on resale, sublicensing, use in other projects (including sequels, spin-offs or a controversial context) or use with applications (such as AI training models); and
• ensure that any fees reflect the true value of the digital asset and weigh this against the impact on the longer-term commercial operations of the location.

If you'd like advice on preparing or reviewing your film location agreement to take these evolving issues into account, do get in touch.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, July 2025