We’ve all been there. We’ve attended events such as office parties, conferences, corporate gatherings, and product launches, recorded videos, and shared them with friends, colleagues, customers, and the general public. However, when filming in public or private spaces, there are some important things to keep in mind. Many beginners in video recording don’t realize the permissions needed when capturing footage of people in these settings and posting it on platforms like YouTube and Vimeo.
If you are using a video that shows someone else’s image for your own personal and private use and it’s not for commercial purposes, you don’t need that person’s permission. However, if you upload the video to YouTube, Vimeo, or any site where others can view it and use it for commercial reasons, you must get that person’s consent to use their image. Otherwise, it could violate their right to privacy or publicity. Without their permission, even if they are a friend or coworker, they can ask you to remove the video from the hosting site.
So what can you do?
The simplest thing you can do is to have a release or waiver forms at your disposal. Simply type “Video Release Form” into Google search and you will find plenty of examples of forms (which can be also printed but be carefully as this may also infringe on copyright laws! Argh). A video release form has been described by WebVideoZone as:
a simple contract that gives you legal permission to use the image of the person who has signed the form for commercial and non-commercial purposes. Having a signed release form can give you protection in the event an individual appearing in your video should later decide to sue you for using the image (e.g., for invasion of privacy or unfair use of their image.
When do you need to use a release form?
This really is a tricky subject and the laws with regards to personal image rights vary from country to country. However, if you plan to do any of the following in your next video, it is advisable to get a release form signed:
- Use a person’s image in your video for commercial purposes.
- Record people in a public/private place such as a restaurant, florist, coffee shop, etc. You will also need permission from the owner of the location, as well as any members of the public who are interviewed or filmed.
- If you are recording a corporate training video, product demonstration, customer testimonials, conference, etc., get the person presenting the video and any other participating members or audience to sign the form.
What should be contained in the Release form?
Make the release form as broad as possible, so you cover all bases. It should provide the video producer with full editing rights of all images and recordings. It should also include any information on the distribution and selling rights and must be dated and signed by both parties.
Do I always need a Release Form?
The simple answer is no, as there are some exceptions to the rule. If your video is solely a newsworthy event and involves shooting a crowded scene of people in a public area, you usually do not need a video release form from every person. As it is a public area, the “right to privacy” is generally overruled. However, it can be questionable what is and isn’t a newsworthy event.
If you are worried or unsure about the content contained in your Release form, I would advise consulting a legal media professional for further clarification.
This blog post first appeared on the trakax.com blog. Click here to view the original post.