Q? ~ "incidental" recordings of individuals. at DVinfo.net

Ernest Freeman · December 10th, 2007, 12:50 PM

A question, if I may with regard to video taping of individuals in public places. I was under the impression that "incidental" recordings of individuals in public places were perfectly acceptable (e.g. I'm recording a building and someone walks into frame, consequently being consigned to posterity.), but recording specific individuals required their consent/release for public display. Is this correct? Take the "faces in the crowd" video for example "http://dvinfo.net/conf/showthread.php?t=79651&highlight=color+test". Were does this fall? The objects of the video were the faces of the people, yet no specific individual was the focal point. Would this video legally require photo releases of every individual taped?
Thanks for the insight.

Chris Hurd · December 10th, 2007, 01:43 PM

Moved here from Canon XH.

Steve Yager · December 10th, 2007, 02:45 PM

It depends on the program. If you are shooting a feature or a short film that you intend to make money on or show in festivals you have to get every recognizable person's release. That is, if they are shown enough that you could distinguish who they are if you know them, then they have to be released. If its just their back or a blurred face, then its okay not to release them. Docs are different, I don't really know the rules for docs and news.

December 10th, 2007, 12:50 PM	#1
Ernest Freeman New Boot Join Date: Sep 2007 Location: R.S.M. Calif USA Posts: 16	Q? ~ "incidental" recordings of individuals. A question, if I may with regard to video taping of individuals in public places. I was under the impression that "incidental" recordings of individuals in public places were perfectly acceptable (e.g. I'm recording a building and someone walks into frame, consequently being consigned to posterity.), but recording specific individuals required their consent/release for public display. Is this correct? Take the "faces in the crowd" video for example "http://dvinfo.net/conf/showthread.php?t=79651&highlight=color+test". Were does this fall? The objects of the video were the faces of the people, yet no specific individual was the focal point. Would this video legally require photo releases of every individual taped? Thanks for the insight.

December 10th, 2007, 01:43 PM	#2
Chris Hurd Obstreperous Rex Join Date: Jan 2001 Location: San Marcos, TX Posts: 27,366 Images: 513	Moved here from Canon XH. __________________ CH Search DV Info Net \| 20 years of DVi \| ...Tuesday is Soylent Green Day!

December 10th, 2007, 02:45 PM	#3
Steve Yager Regular Crew Join Date: Apr 2007 Location: Los Angeles Posts: 157	It depends on the program. If you are shooting a feature or a short film that you intend to make money on or show in festivals you have to get every recognizable person's release. That is, if they are shown enough that you could distinguish who they are if you know them, then they have to be released. If its just their back or a blurred face, then its okay not to release them. Docs are different, I don't really know the rules for docs and news.