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January 6, 2013 at 6:49 AM #53154CarlParticipant
Do I need permission to use images of people on videos that I plan to post to the web and make money from?
January 6, 2013 at 12:06 PM #205551JackWolcottParticipant
Carl: I'm not an attorney so this isn't to be construed as legal advice. My understanding is that if you're legally shooting in a public place — lets say Rockerfeller Center ice rink — and I'm in the background of a shot you take of your friend, I have no expectation of privacy, I'm incidental to your shot and you're free to use your footage any way you like.
If, on the other hand, you take a closeup shot of me and use it to promote beer sales, then you better have a talent release from me.
This explains the announcement sometimes heard from the stage of a theatre that "Tonight's performance is being videotaped professionally." It alerts everyone in the theatre that they may be taped. And I've seen lobby cards containing the same information.
Search the Videomaker archives; I'm quite sure there has been an article or blog devoted to your question.
Edit: Videomaker http://www.videomaker.com/article/14537 contains information regarding incidental music.
January 9, 2013 at 3:36 AM #205587Channel1ImagesParticipant
[quote=carlellisonvideo]Do I need permission to use images of people on videos that I plan to post to the web and make money from?[/quote]
If they are recognizable, that is to say if one was to look at the video and think “hey that’s me” then you need a models release, if the shots are from the back, don’t include faces, etc, then you do not need a release.
The only exception to the rule is editorial content, say you shoot a street fight for publication as a news story then you do not need a release from anyone in the shot be they identifiable or not, however be careful of libeling someone, lets say you are doing a story on obesity and you include in the video a clip of a large lady walking down the sidewalk and she is clearly identifiable, that can be construed as liable and you could be sued, now if you shoot her from behind and she’s not identifiable she fair game for your lens.
Another example would be the street fight, if you caption or wrap the video with commentary such as “street thugs duke it out on town sidewalk” again that could be construed as being libelous, reword it to “street fight breaks out of town sidewalk” and you are good to go.
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