shooting an event.. many people at DVinfo.net

Ron Wilber · January 2nd, 2008, 05:26 PM

I did a shoot of a gallery opening. It's for a promo piece for the gallery owners. There were many people there but I didnt' get any release forms signed. No one is onscreen for more than 2 seconds, there is no sound, no interviews, just shots of people looking at art. Can I legally use this footage?
I would think it impossible to get release forms signed from hundreds of people that were at the show.. need advice.

Thanks!

Marco Wagner · January 2nd, 2008, 06:03 PM

From what I understand if the place is public and there is no expectation of privacy, you can use it unless you've singled someone out.

Ron Wilber · January 2nd, 2008, 06:07 PM

well the gallery is private property. Or does the term "public" mean anyhwere outside of ones(the person(s) being filmed) own private residence?

Steve House · January 2nd, 2008, 06:15 PM

I think it would also depend on what you use it for. Posted on the gallery's website as part of a "news" page on current events happening at the gallery, probably no problem. But incorporate that same footage into a TV ad for a special sale at the gallery and it gets iffy. License the footage to be used to set a supposed location for action filmed in closeup for a theatrical film or broadcast drama and you'll probably be in the deep stuff. Only a lawyer can tell you for sure (and I ain't one) and even then, no matter what your expert lawyer says is right, anyone can be sued at any time and if you don't have the gelt to defend yourself it doesn't much matter what the law is. The Golden Rule kicks in - he who has the gold to hire the best lawyers gets to make the rules (ie, the law) if only by default.

Ron Wilber · January 2nd, 2008, 06:24 PM

well damn that's pretty crazy. I'll try to obscure as many faces as I can, lol.. It will probably be on the website and maybe myspace. I'll make sure to tell them to not use if for tv commercials or specific product sales. just as general gallery news section. I'm doing this for free, so they're gonna get what they're gonna get.

Any more feedback from people who have done stuff like this?

Mary Angelini · February 15th, 2008, 06:57 PM

This may be late news but I believe if you posted a sign at the entrance saying that by entering the building you acknowledge you may be filmed for promotional use... your in the clear.
Just like when you enter a theme Park your ticket has a disclaimer, or when you call a 1800 number the first recording you hear is that it may be recorded and used for XYZ.
At least that is what I learned in my Communication Law and Ethics class, which also means I'm not a lawyer.
Good Luck, I hope it turned out alright!

January 2nd, 2008, 05:26 PM	#1
Ron Wilber Regular Crew Join Date: Nov 2007 Location: San Diego, CA Posts: 98	shooting an event.. many people I did a shoot of a gallery opening. It's for a promo piece for the gallery owners. There were many people there but I didnt' get any release forms signed. No one is onscreen for more than 2 seconds, there is no sound, no interviews, just shots of people looking at art. Can I legally use this footage? I would think it impossible to get release forms signed from hundreds of people that were at the show.. need advice. Thanks!

January 2nd, 2008, 06:03 PM	#2
Marco Wagner Trustee Join Date: May 2005 Location: Saint Cloud, Florida Posts: 1,043	From what I understand if the place is public and there is no expectation of privacy, you can use it unless you've singled someone out. __________________ www.facebook.com/projectspecto

January 2nd, 2008, 06:15 PM	#4
Steve House Inner Circle Join Date: Mar 2005 Location: Hamilton, Ontario, Canada Posts: 5,742	I think it would also depend on what you use it for. Posted on the gallery's website as part of a "news" page on current events happening at the gallery, probably no problem. But incorporate that same footage into a TV ad for a special sale at the gallery and it gets iffy. License the footage to be used to set a supposed location for action filmed in closeup for a theatrical film or broadcast drama and you'll probably be in the deep stuff. Only a lawyer can tell you for sure (and I ain't one) and even then, no matter what your expert lawyer says is right, anyone can be sued at any time and if you don't have the gelt to defend yourself it doesn't much matter what the law is. The Golden Rule kicks in - he who has the gold to hire the best lawyers gets to make the rules (ie, the law) if only by default. __________________ Good news, Cousins! This week's chocolate ration is 15 grams!

February 15th, 2008, 06:57 PM	#6
Mary Angelini Regular Crew Join Date: Feb 2008 Location: Cocoa Beach, FL Posts: 141	This may be late news but I believe if you posted a sign at the entrance saying that by entering the building you acknowledge you may be filmed for promotional use... your in the clear. Just like when you enter a theme Park your ticket has a disclaimer, or when you call a 1800 number the first recording you hear is that it may be recorded and used for XYZ. At least that is what I learned in my Communication Law and Ethics class, which also means I'm not a lawyer. Good Luck, I hope it turned out alright! __________________ "Perhaps I cannot change the wind, but I can adjust my sails" www.keymomentsonline.com

January 2nd, 2008, 06:07 PM	#3
Ron Wilber Regular Crew Join Date: Nov 2007 Location: San Diego, CA Posts: 98	well the gallery is private property. Or does the term "public" mean anyhwere outside of ones(the person(s) being filmed) own private residence?

January 2nd, 2008, 06:24 PM	#5
Ron Wilber Regular Crew Join Date: Nov 2007 Location: San Diego, CA Posts: 98	well damn that's pretty crazy. I'll try to obscure as many faces as I can, lol.. It will probably be on the website and maybe myspace. I'll make sure to tell them to not use if for tv commercials or specific product sales. just as general gallery news section. I'm doing this for free, so they're gonna get what they're gonna get. Any more feedback from people who have done stuff like this?