stock footage legality question at DVinfo.net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!


Reply
 
Thread Tools Search this Thread
Old June 21st, 2007, 01:42 PM   #1
Major Player
 
Join Date: Nov 2005
Location: New Jersey
Posts: 475
stock footage legality question

I know there aren't many lawyers here but...;-)

I was wondering about the legality of say a freelance news photog, taking video of say a crime scene, with emergency personnel around (police, fire, emt etc) a defendant being arrested and later selling this as royalty free stock footage. There are clear shots of faces etc,

In a news situation you wouldn't need releases, but what about re-sale later? Say the person arrested was charged with, I don't know, say Domestic violence, and the producer who purchased the royalty free clip used it in a video about murderers, would they be liable for casting the detainee in a "false light?"

* and no, I did not take such footage.
Bill Mecca is offline   Reply With Quote
Old June 26th, 2007, 09:09 AM   #2
Inner Circle
 
Join Date: Aug 2005
Location: Atlanta/USA
Posts: 2,507
Just a layman's answer: if it feels wrong, it is more than likely wrong.

And it does feel wrong... Let's say my girlfriend called the cops and I get arrested - men get easily arrested in such situations. Later the evidence shows that I was innocent and she caused the whole fight (say she came home drunk from a party).

You filmed that, sold it as royalty free stock footage and some day I watch myself being arrested, in a documentary about domestic violence on CNN. You bet I'll find out who sold that footage and drag you to court! Of course this is all hypothetical and CNN knows better, but I think this pretty much answers your question.
__________________
Ervin Farkas, CDVS
Certified Legal Videographer
Ervin Farkas is offline   Reply With Quote
Old July 20th, 2007, 03:35 PM   #3
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Quote:
Originally Posted by Bill Mecca View Post
I know there aren't many lawyers here but...;-)

I was wondering about the legality of say a freelance news photog, taking video of say a crime scene, with emergency personnel around (police, fire, emt etc) a defendant being arrested and later selling this as royalty free stock footage. There are clear shots of faces etc,

In a news situation you wouldn't need releases, but what about re-sale later? Say the person arrested was charged with, I don't know, say Domestic violence, and the producer who purchased the royalty free clip used it in a video about murderers, would they be liable for casting the detainee in a "false light?"

* and no, I did not take such footage.
The short answer is: yes, there is potential false-light defamation liability. There are additional concerns with respect to commercial appropriation of likeness (the laws for which vary state-by-state) and other invasion of privacy torts.
Paul Tauger is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

Professional Video
(800) 833-4801
Portland, OR

B&H Photo Video
(866) 521-7381
New York, NY

Z.G.C.
(973) 335-4460
Mountain Lakes, NJ

Abel Cine Tech
(888) 700-4416
N.Y. NY & L.A. CA

Precision Camera
(800) 677-1023
Austin, TX

DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



Google
 

All times are GMT -6. The time now is 10:58 PM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2017 The Digital Video Information Network