Question about the legalities of using documentary type footage.

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harmonica44

For my script of mine I wanna direct, a talk show host goes around asking people on the street for their opinions on certain social/criminal issues that are happening in the plot. I was wondering would it be okay, instead of hiring actors, if I, and the talk show host actor, could go around interviewing real people, and then afterwords, ask them if I could use their real footage on the issues? This would depend on the people giving opinions that would be effective for films story and points that it's trying to make. But I probably could find people to give them after a good amount of street interviewing.

Would a lot of real people be okay with is, and they get to be in the movie for free, and would their be any legal problems doing it that way? Thanks.
 
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I would add that because this is actually for a narrative piece rather than a piece of documentary work you will (at least in the UK) need to get releases for every single person who enters your shot...
 
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Okay thanks. Will the people have a problem with their opinions making them look bad in a movie? Let's say the actor playing the talk show host asks a persons opinions on whether or not the believe in certain acts of terrorism, and if they are right to be committed for a good cause. Then the person gives their opinions and says he or she believes in such acts being good. If I then get them to sign the release, and then put it their interviewed opinions in the movie, it will make them look bad. Any thoughts on this?
 
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I believe several people have tried to bring lawsuits against Sacha Baron for the way they came across in the film Borat. If you have not seen it. He plays a character called Borat who interacts with real people in a documentary style film.
There is one bit where a few frat boys who were very drunk made obscene racist and sexist remarks that made them look like assholes but they signed releases and were not successful in their lawsuit.
 
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NickClapper said:
Given that this a work of fiction, why not just have scripted interviews and save yourself a headache...?
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Well I'm interested in hearing people's real opinions, on the issues. That way it makes the issues more plausible for the movie. I was thinking about scripting though, if it may deemed offensive that I got real controversial opinions on it, depending.
 
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So why do I need to get release forms for everyone entering the shot, including the background, of people just passing by on the street? I mean other movies have taken shots of malls and people walking by in public places. A crew once filmed an audience in a rock concert, and they didn't get everyone in the audience to sign a release form.
 
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harmonica44 said:
So why do I need to get release forms for everyone entering the shot, including the background, of people just passing by on the street? I mean other movies have taken shots of malls and people walking by in public places. A crew once filmed an audience in a rock concert, and they didn't get everyone in the audience to sign a release form.
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I think what nick meant to say was that you need every recognizable person that enters the shot to sign a form. This of course leaves some grey area as to how recognisable is recognisable. Hence, to be on the safe side, most directors chooses to script everything, including the background passing-by-s.

In the case of bruno and borat, they actually had everyone sign release forms. The people who tried to bring lawsuit was because they were drunk at the time and hence argued the release form they signed should be invalid.
 
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Well I thought of interviewing real people originally to save money since I'm on a microbudget, along with having real pass-er--bys. So what's the distinction besides a movie filming a concert of people for a scene, and not getting release forms, as oppose to needing release forms for people in the street?
 
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harmonica44 said:
A crew once filmed an audience in a rock concert, and they didn't get everyone in the audience to sign a release form.
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Check the back of your ticket stub. You agreed when you purchased the ticket. There might have been signs up too.

Every recognizable image in EVERY film MUST have a clearance release. This will be the very first thing a distributor will ask to see if they're considering purchasing your film. If you don't have clearances, you couldn't pay them to to take your film.

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You could initially film people for your project and if the take was good enough for use in your project, pull out a bullet-proof release indicating they are allowing you to use the image as-you-see-fit and perhaps flash a couple of $20s -- meanwhile, never stop rolling the camera. Get the signing of the release on tape with you voicing the as-you-see-fit part.

If they're actually drunk, proceed at your own risk!

If people say no, just rewind the tape, move on and look for the next subject.

Good luck!
 
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The only exception to the "release" rule is news media, and generally if a person is not a public figure, the news media can run that tape only during the time the event is "news".

You, on the other hand, are trying to make MONEY using the images of other people. A whole other ballgame!
 
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GuerrillaAngel said:
The only exception to the "release" rule is news media, and generally if a person is not a public figure, the news media can run that tape only during the time the event is "news".

You, on the other hand, are trying to make MONEY using the images of other people. A whole other ballgame!
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What Angel said is correct, however....

It's actually not JUST the medias that can take video or photo of people. But legally, ANYONE can take picture of ANYONE that's in public and outdoor.

I specifically mention outdoor as oppose to in the public because, inside a mall can be considered being in public, however the owner of the mall has the right to kick you out. This also means you can take photo of anyone on the street, they will get annoyed, but you won't get in trouble.

However, if the photo or video taken, is used for anything that will gain you profit, then you HAVE to have the permission of the subject of the photo or video you've taken.

Profit is defined here as recognition by film festival, money from distributor, any public screening even for free, and if your photo or video goes viral on the internet etc.

The exception is if the video or photo is presented as a documentary/for informative purpose only. Here is where news media fit in, as documentation of current events.
 
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