I just want to know the rules about using people without their concent. Is it based on whether they are recognizable or not? If someone was over 200 feet away, would they need to sign a release form?
Using people without consent?!?!
- Thread starter davidfilmdirector
- Start date
This must be a new one to most people because there is no replies! Interesting question, I wonder what the legalities of it are...most of the film makers I know use consent forms, but that is for recognizable people - I wonder if anyone has ever asked this question?!?
Ever watch a reality show, like Jackass, and you see all of the people, except one person's face is pixelated to hide his identity. That's the person who did not consent, but they still used the shot. You don't want to pixelate your film do you? Get consent from all your extras.
What about people that you can't recognize - ie; many many feet away. So much that they look like silouettes.?
My understanding - disclaimer I am not a lawyer and can not give legal advice nor do I have special knowledge on any of this - is that if they are not recognizable, they do not need a waiver. Also, in NC at least, if the project is filmed on public property, whatever lies within the field of view of the public property, even if it is private property / persons, is fair game and no permission is required.
I had also heard something about this. I remember when I was editing still/animation commercials for cable and we need still pics - if the person was in public, they were fair game.
The Public Property thing is absolutely true. I am a videojournalist by day, working for local news in Austin, TX, and we've had to sit through training tapes about this very thing. If a person is on public property and the camera is in plain view (i.e. if they didn't want to be seen they could come over and tell you so) then you are pretty much in the clear. And if they are unrecognizable, then all the better.
Poke
Poke
There is a trick to this actually.
If you are filming in a big crowd say like at a festival or somthing where it would be almost impossible to get everyones consent then you need to to mass scale it. Just make a few signs (enough for every entrance to the fest or gathering or whatever the case and place the signs at each enatrance. Film each sign for about 5 minutes with crowd walking pass them .
The text on these signs should have in huge letters somthing to the extent of, SMILE YOUR BEING FILMED. Slightly smaller letters stating that by entering the bounds of the signs they have given consent for use of their image. Under that write basically what would be on your release forms. once you do this then you should be safe using anyone within the bounds of those signs and this includes close ups etc.
P.S. you will also need a few witness's that watch you put the signs up and make sur eyou dont shoot outside your boundries of the signs.
Hope this helps.
If you are filming in a big crowd say like at a festival or somthing where it would be almost impossible to get everyones consent then you need to to mass scale it. Just make a few signs (enough for every entrance to the fest or gathering or whatever the case and place the signs at each enatrance. Film each sign for about 5 minutes with crowd walking pass them .
The text on these signs should have in huge letters somthing to the extent of, SMILE YOUR BEING FILMED. Slightly smaller letters stating that by entering the bounds of the signs they have given consent for use of their image. Under that write basically what would be on your release forms. once you do this then you should be safe using anyone within the bounds of those signs and this includes close ups etc.
P.S. you will also need a few witness's that watch you put the signs up and make sur eyou dont shoot outside your boundries of the signs.
Hope this helps.
The signs can be place out of shots, trust me and most of the time the signs and the actual shooting being done is way away from each other. As far as people looking for cameras, man it does not take long for most people to forget about the signs if they even stoped to read them in the first place when all the festival action going on.
HOWEVER, ANYTIME you are shooting a group of people in the public you will have people that look straight at the camera. This is where you gotta be creative and not so obvious. I tend to shoot crowds like from behind things or above them . Its all about your surroundings.
HOWEVER, ANYTIME you are shooting a group of people in the public you will have people that look straight at the camera. This is where you gotta be creative and not so obvious. I tend to shoot crowds like from behind things or above them . Its all about your surroundings.