Monday, December 12, 2011

What are the respective rights of film makers and subjects concerning video?

What kind of consent does the subject need to give for the film maker to put the video on the internet, profit form the video, etc. And what can the film maker do with the video without the permission of the subject.|||Consent is given in the form of a signed 'model/talent release.' The producer or photog provides either a blanket (general) release for the talent to sign; or, as I have done, determine in advance of the shoot what the use of the footage is going to be, and what the distribution of the final program is going to be. Then compose a short release that covers the specific use and venue the final program will be a part of.





Rule of thumb; if the talent is identifiable, get a release if you expect any type of public distribution or viewing of the final piece. The only possible exception is crowd shooting in public. If you are doing any kind of crowd shots, and you're not producing those shots in a diparaging manner, you can probably use that type of footage without much concern for releases. If you concentrate on one person as the subject and have more than just a passing shot, then a release would be in order.





Without permission, it depends on to whom you'll be showing the piece. If it's part of personal footage you'll use for your own private purposes, no problem. But again, if you're broadcasting (off-air, cable, internet, etc.) you really need to cover yourself with releases.





If you're doing industrial pieces or [marketing/promotional] programs, it's best - and safest for you - to get releases on anyone whose face can be seen in your shots. And by the way, the decision to require releases is yours, NOT the client's. If there's ever any negative backlash, it'll be against you, not your client.





Hope that helps some. Good luck.

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