September 22, 2007 at 11:04 AM #39820
Hello! I’m making my first distributed video that will be accompanied with each order of a new workout machine that’s hitting the market. This is a new company and they hired me knowing I’m very new in the business. But the company and I don’t know the legalities for the disclaimers.
The video consist of 4 different workout types- 1 for senior, 1 general, 1 teen, 1 athletic, each type has an intro beginning workout, intermediate workout, and advanced workout.
So, we know there needs to be a disclaimer, but does it need to be on there before EACH workout? That would be 16 different times! Can it just be a link on the menu for the general disclaimer? Can it start up in the beginning menu so it doesn’t have to repeat everytime a new workout is desired?
Also, just the FBI warning is the only other thing needed along with my company credit in the intro, right? Another company helped produced the actual video shoot, should I stick both our logos in the beginning, or have a "credit" link from the menu to view everything?
Thanks for the help! I’ve never done a video before like this!
September 24, 2007 at 8:44 AM #171794
The 2 best sources of the info you need are: 1. An attorney and, 2. The client.
Find out what the client wants. I’m guessing it’s their responsibility to find out where the disclaimer needs to go. If not, check with an attorney to be sure you clear yourself.
September 24, 2007 at 12:05 PM #171795
First, this is NOT legal advice! Even so, this is how I would do it…
The Copyright Warning is easy. Get a copy of the FBI Copyright Infringement Warning and Title 17 of the US Code graphic, or just include a title page with the verbiage from Title 17.
If you need the graphic, I will be sending a copy of one to everyone who is subscribed to my eNewsletter later this week. Let me know if you need the download.
As for the disclaimer, the standard legal disclaimer verbiage from any workout product should suffice. You just need to cover your bases stating that it is the exercisers responsibility to seek medical attention confirming that they are health enough for physical activities.
Weve all heard, Consult with your physician before beginning this or any exercise program.
If in doubt, however, see an attorney!
As for the technical aspect of where to put the disclaimer, I would place both the FBI Warning Graphic as well as a graphic containing the disclaimer, along with an audio of the disclaimer begin read in the track of your DVD that auto-plays on insertion of the disk. Different DVD authoring software handles this track differently, but most good authoring solutions have a way of doing this. That way, the viewer MUST see your disclaimer before the primary menu is reached and a choice of which workout is to be viewed is made.
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