Buck Anderson posted on July 10, 2007 13:05 :: 4439 Views
I can't give you legal advice. Here are the guidelines covering when you'll need to get a video release form signed before you can show someone on your videos. Following these guidelines can keep you out of trouble.
A disclaimer
The following information is not intended as legal advice. It is a general discussion of the subject matter. For questions we suggest you consult your attorney to make sure that the Release Form you use covers all the points that are appropriate to the specific job.
Video Appearance Release Forms
A video release form, also known as an Appearance Release form, is a simple contract that gives you legal permission to use for commercial purposes the image of the person who has signed the form. Having a signed release form gives you protection should an individual who appears on your video later decide to sue you for invasion of privacy or unfair use of their images.
When do you need to use a release form?
Laws covering the use of images of individuals differ from country to country and state to state, so there is no absolute rule you must follow . But basically, if you plan to use a person's image for commercial purposes, you need to get a signed video release form from the individual who's image you are using.
There are some exceptions. For example, if you shoot a crowd scene of people in a public area, you generally do not need a video release form from people in the crowd. By being in a public area, individuals give up their 'reasonable expectation of privacy'.
This doesn't mean you can go out and shoot images of identifiable people in public, and then sell those images for commercial use (like in a a clip art library). Doing so could be considered an invasion of their privacy (at least in some states), and you could be sued.
If you are shooting a news story of individuals in a public area, you generally don't need to get a video release form. If you are shooting video footage for an educational video showing people in a public area, and you use the footage in the context of which it was shot, you usually won't need video release forms from each individual.
On the other hand, if you are shooting a 'how to' video, and you interview someone or shoot footage of an instructor, you will definitely want to get a signed release form. And if you are shooting video from a workshop, you may need to get signed video release forms from any audience member who appears on the video - especially if you plan to use clips of identifiable audience members to promote the video.
If you plan to shoot video at a private event, within a place a business, or a home, you will definitely need to get permission from the owner or organizer of the event before you start videotaping, and then get video release forms from each person you tape.
In general, getting a video release form signed by identifiable participants in your video is a good idea. Not only does it protect you, it makes it easier to sell the rights to the video later on.
Basic Release Forms
A good video release form . . .
Specifies what is being released (video images, audio, photographs).
- Specifies that the videographer may sell or assign the right to use the images or other materials to third parties.
- Specifies that the release is irrevocable -- otherwise the release could be terminated by the person giving it at any time.
- Is signed and dated by the individual releasing his/her images (if the subject is a minor (under 18 years old), the release should be signed by his or her parent or legal guardian).
- Is in writing.
The following is an example of a simple video release form. (For questions we suggest you consult your attorney to make sure that the Release Form you use covers all the points that are appropriate to the specific job)
For More Information
For more information, check out Business and Legal Forms for Photographers (with CD-ROM) (Business and Legal Forms).