Without Consent Forms

sfoster

Staff Member
Moderator
If an actor willing acted in my film, but I didn't get a form signed, is there anything he can do if this video is posted online for free without any intent of earning profit ?
 
They could probably demand you take it offline, beyond that I guess it would depend on the situation. If it makes them look bad, they may be able to find a lawyer willing to represent them in a defamation of character case against you.

Here's the better question though, why would you not get a release form signed? This should be the very first thing you do for everyone that steps on set. I'd say, to be safe, even crew -- definitely crew if you're shooting any kind of behind the scenes footage.

You could always go back and get the release form after the fact, but it's so much easier to do it beforehand.
 
If an actor willing acted in my film, but I didn't get a form signed, is there anything he can do if this video is posted online...

Without a consent form, copyright can be contested. As Will said, the most likely course of action, if they object in any way, would be to have your online hosting service remove or make your film inaccessible.

... if this video is posted online for free without any intent of earning profit ?

Many people seem to think that copying/reproducing something without clearance/consent is perfectly legal if there's no profit involved or no intention of making profit. This is a misconception! Copyright law is all about who has the right to copy/reproduce (in this case, the right to reproduce the actor's performance) and has nothing to do with any profit or any intent to profit! So without consent, if you post your film online you have potentially broken copyright law or at the least left yourself open to a disputed copyright.

The only time when profit can become relevant to copyright law is when a copyright holder wants to sue the copyright infringer for damages. In which case, the amount of damages claimed will usually be directly related to the amount of money the copyright infringement earned.

G
 
Thanks. so what sort of fine or damages would I be looking at ?

That depends on your particular legal jurisdiction. Generally, as I tried to explain, damages awarded would usually be related to the amount of money you made from the infringement, so if you don't make any money from your film it would most likely be pointless trying to sue you for damages. As Will mentioned, even if you don't make any money from the film, the actor could sue you for defamation but defamation cases are expensive and it's difficult to prove how much financial damage has been caused by the defamation, even assuming the defamation is proven. So, I think it's incredibly unlikely that anyone except an extremely successful actor would even consider bringing a defamation case. Some legal jurisdictions can/do impose a fine (as opposed to damages) for copyright infringement but I don't think that's the case in any US legal jurisdictions (I don't know for sure though!).

As I said, by far the most likely consequence of you not having a consent form and the actor objecting, is you being required to take down your film. The only financial consequence to you would most likely be the amount of money you spent making your film which would be wasted if you're never allowed to show it to anyone.

Please bare in mind that although I've quite a bit of experience with copyright issues, I'm not a lawyer and even if I were, I would need to be a lawyer with specific knowledge of your legal jurisdiction. So, don't take any of what I've said as gospel!

G
 
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So essentially I can tell him this

https://www.youtube.com/watch?v=kSyGdwCpUXU

Yes indeed it would be hard to get me for defamation since he knew the script and everything involved before we filmed. He is really more of a douchebag than anything, and doesn't have money for a lawyer in the first place. Still I was curious.

Thank you for your response, much appreciated.
I was hoping to get this on college humor.com but alas seems that won't happen with all these legal issues
 
Yes indeed it would be hard to get me for defamation since he knew the script and everything involved before we filmed.

As far as I'm aware that's not necessarily relevant. You could for example during picture editing, change the context of the actor's performance or even change the words/sequence of words or sentences.

He is really more of a douchebag than anything, and doesn't have money for a lawyer in the first place.

It's the douchebags you have to be careful of, they can get "the bit between their teeth" and make life difficult! The cost of suing for damages usually puts most people off though, even unfortunately those who have a clear cut, justifiable copyright claim, and defamation is usually more difficult/expensive than most copyright claims.

G
 
and insulting them in a public forum is searchable and can potentially bite you in the rumpus as well. As it is written and publically displayed it is considered libel rather than defamation or slander. Tread carefully :) (Perhaps edit as well - the google bots may not have picked up the insult yet -- although they probably have, they're wicked fast, and will remember the post even after the edit).
 
If the actor did the work, he cannot complain about you posting the video, because he acquiesced to it, and you will probably have sufficient witnesses to say he voluntarily acted in your video.

What can be a problem is if he asks for wages, claiming you promised him a certain amount of money. In that case, you will have to get witnesses to say that you never promised him any such thing.

But you should speak to a lawyer in your jurisdiction about this.
 
I don't know what the particular situation is.. but is there a specific reason you can't go get a release from said actor now, after the fact? Did things end badly? If so, your best bet it to find a new actor and reshoot those pieces just to avoid potential (however unlikely) problems.
 
and insulting them in a public forum is searchable and can potentially bite you in the rumpus as well. As it is written and publically displayed it is considered libel rather than defamation or slander. Tread carefully :) (Perhaps edit as well - the google bots may not have picked up the insult yet -- although they probably have, they're wicked fast, and will remember the post even after the edit).

and insulting them in a public forum is searchable and can potentially bite you in the rumpus as well. As it is written and publically displayed it is considered libel rather than defamation or slander. Tread carefully :) (Perhaps edit as well - the google bots may not have picked up the insult yet -- although they probably have, they're wicked fast, and will remember the post even after the edit).

I'm not worried about insulting him on a public forum. Oh the stories I could tell about this guy. He's broken someones windshield, ripped a urinal out of a bar wall and cried during his mug shot, defended a rapist publicly, shit underneath of his parents couch cushions because he was upset with them.

I don't know what the particular situation is.. but is there a specific reason you can't go get a release from said actor now, after the fact? Did things end badly? If so, your best bet it to find a new actor and reshoot those pieces just to avoid potential (however unlikely) problems.

Yes things ended quite badly with him defending someone who raped multiple friends of mine.
perhaps i will just block his face and change his voice. i already significantly minimized his part for the final edit. just a comedy / learning project
 
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