Legal questions and releases

[Noah]

I am currently filming a documentary and have come across a few legal issues. If someone on here has come across the same issues or just knows the answers that would be great. It would save me the cost of consulting an entertainment lawyer (which I'll do eventually, but if I can get around it for now that would be great). I interviewed someone who wouldn't sign a release. I know that I can't use the footage, but I was wondering if I could hire an actor to read exactly what they said? If I have someone recite their words without ever showing the original person's face or voice, is this legally okay? Also, I did a little spy mission and was able to catch someone saying a pretty terrible thing and then 5 minutes later denying it completly when they thought the camera was on. Are releases only for showing their physical likeness on camera? or do I need a release for their voice as well?

 

[bosindy]

This is a complex legal issue with many competing rights and I recommend speaking to a law professor at NYU, pretty good law school as I remember, or an attorney in your area.

 

[Five Eyes]

You have a question that deals with legal AND ethical considerations here. Legal issues should and must be directed to an entertainment lawyer.

The ethical considerations you have to work out on your own. For instance, are you going to be comfortable in using "sneaky" footage, and where are you going to draw the line on that issue? That is, you may decide that using a shot when the subject had reason to believe the camera was off is going to be OK but not hidden camera footage (where the subject is not even aware of the fact a camera is directed at them). Or you might set conditions, if you were doing an expose' of (say) cruelty to animals in a dog kennel, you may feel hidden camera footage was justifiable.

Another ethical consideration you bring up is "staging", where you are furnishing the interviewee's response. This is further complicated by the use of a response from another (unwilling) subject. I wouldn't do it, better to chalk it up as a learning experiance that reinforces the need to get the release signed _before_ the interview.

Keep in mind that others will apply their own ethical standards to your work as well, will you be able to weather criticism for the choices you make? How will these choices affect the credibility, integrity and authenticity of the resulting doc?

My thoughts are along the lines of maintaining the highest ethical standards- for the people appearing within, the subject matter itself and for the intended audience. This not only avoids a lot of legal issues but IMO will result in a journalistic doc worthy of the effort.

 

[Noah]

Thanks for your comments. I am filming people who I believe are doing unethical things and want to expose them. Exposing them, to me, is much more important than not getting the footage (even if it is obtained in a non-ethical way - such as a hidden camera or without reases and blurring their faces). I will consult an entertainment lawyer about what footage is unusable and what is usable. Thank you.