The sidewalk alongside the street in front of a mall [or strip mall in the case you're referring to] is public property, but step off that sidewalk onto the other side, even if it's a parking lot or unpaved open lot, and it is private property. The store on that lot might not own the property, but someone does. Most large city malls don't have problems with news people shooting right outside they doors, but they won't let you go inside. If you go in armed with releases, you might seem more "legit" to the mall authority, too.
Another location to get Every Man interviews is your local post office. That is government property, and you, as a taxpayer, have the right to interview in front of their building.
If you find yourself shooting an impromptu man-on-the-street interview and you don't have a release form handy, you can also have the person speak a verbal release into the camera. "I, XO, give Producer Kyalami, permission to use portions of this interview for his Good News Production. I testify that I am over the age of 18." Something like that. It's not the best form of a release, but it shows the person actually giving permission, and should hold up in court if challenged. (We are not legal experts on this forums, if in doubt, always consult with an attorney that specializes in permits, permissions and movie legalize.)
You don't have to always blur out all business names that appear in the background, but you should take care that you don't show phone numbers, addresses or license plate numbers. (Which might be why that truck was blurred out in the show "Watching Howie Do It"Â that The Shooter mentions above.) However, if you are doing a spoof or parody that the company whose image you are showing may take issue with, you should take care.
As for people, here's an excerpt from a "What's Legal" story in Videomaker [link to full story below]:
if a person is well known as a politician, say, or a sports figure,
a rock star, a movie actor, or a hero of any other description, he is
entitled to a lesser degree of privacy than a non-celebrity, private
citizen has. The more famous the person, the less right of privacy he
has. Famous celebrities will be the first to admit that they have
almost no right of privacy.
Similarly, if a private citizen shows up at a parade or a football
game or a protest march, he has put himself in a public place and
should not expect the same degree of privacy that he has in his home.
Sometimes, a person happens to be at a location in which a newsworthy
event, like a fire, a hurricane, a bridge collapse or a police
shoot-out occurs. In those cases, even though the person did not
intentionally seek publicity, he still may have forfeited his right of
privacy, due to circumstances beyond his control.
If a small group of people happens to be at your daughter's dance
recital or confirmation at your church, they may not expect to be
videotaped. Do not let your camera linger on those bystanders for more
than a few seconds. Do not single them out, especially if they are
doing something impolite or inappropriate that would subject them to
ridicule.
http://www.videomaker.com/article/12917/ Find the rest of the story here.
In an upcoming "What's Legal" article, contributing editor Mark Levy looks at product placement and public images in the background scenes of videos. Here is an excerpt from that story:
The Trade Marks Act of 1985 prohibits the unauthorized use of trade marks as trade marks. Consequently, you will usually not violate the Trade Marks Act when you display a trademarked product in your production. For example, your actor may drink a cup of McDonald's coffee without infringing the McDonald's registered trademark. As long as the trademark is not represented as a badge of origin it will not be a cause of concern for you. In fact, if you can get Tom Cruise to drink from the cup and smile on camera, the McDonald's corporation may even pay you for placement of that product. For example, in 1982, Steven Spielberg got the Hershey Chocolate Company to spend $1 million merely to have E.T. follow a path of Reese's Pieces. (Sales of Reese's Pieces increased by 65% that year.)
Check out these following "What's Legal" stories we've done in Videomaker that might also help you get your interviews.
http://www.videomaker.com/article/13774/
http://www.videomaker.com/article/13773/
Finally, here's a Sample Model Release you can download and use:
http://www.videomaker.com/ftp/pdf/model_release.pdf
Good Luck -
Jennifer O'Rourke, Managing Editor - Videomaker
