Need some pro advice...on releasing/crediting an appearance...an animal...?

A

AppaLuci

Active member
Hi friends!

I'm stuck. I have one last little detail bugging me before I can move on from this 105-minute instructional DVD I just finished. It's all done and looks great...
BUT
I need advice on one little thing before sending it to get replicated into thousands of copies (and making it permanant).

There's a very quick shot, on screen for all of 1.5 seconds, of a woman on a beautiful white dressage horse in an arena with crowds in the stands. It's there as part of a quick montage of 5 back-to-back images of different riding styles while the host is speaking. I shot the footage last June sitting in the stands. There are NO distinguishable faces in the image, including that of the rider (it's far enough away). It was a public equestrian performance.

It just so happens that the rider in the shot is a world champion dressage trainer. I would hazard to say that nobody except maybe HER would recognize that it is HER (or maybe others who know her?). And that is only if they recognized the horse itself and knew dressage and put it together (in 1.5 seconds?).

At this point, I'm considering at least contacting her to do the nice thing: have a friendly conversation and let her know there's a glimpse of her in the film so she doesn't run into it later on her own and have shocked recognition... and perhaps she'll even be flattered.

Question is, am I OK using this shot without a release of any kind, simply because there are NO DISTINGUISHABLE FACES in it? And this runs into the question about A DISTINGUISHING ANIMAL... maybe it's not her face that distinguishes it's her but could be the combo of horse and rider with clothing.

If I do call her to tell her about her brief moment on screen, it could even be a positive conservation...but before calling, I would like to know that I'm legally allowed to use it based on these parameters ... since (ok, here is where I admit it) after ALL THE WORK AND TIME put into it, it's DONE, been burned, and I just (whine) don't want to have to CHANGE anything else again (like add a credit, or take her out)!! Another day of exporting files, burning, etc.......... ugh.

I hate that I waited till now to think of this, but I really hadn't thought much of it before and now this one detail is bugging me. We haven't MASS PRODUCED them yet so if I HAVE to make a change this is the time. But I wonder if it's even necessary to. I have little prior experience with knowing when a signed release is really necessary and when it's not, other than reading the boards here. This is just a peculiar situation.

Pros? Releases for these type of shots? Distinguishable animals? Can I use it? Anyone? Advice?

THANK YOU SO VERY MUCH for your time reading this and helping me.
 
Well whose to say you didn't model your shot after this person.... and you just put somebody in the similar clothing on a similar looking horse? If you can't see any faces, it would imagine you could write it off as mock of the event. That's just my take on it though.
 
AppaLuci,

I am not sure what the requirements might be for a release in your situation, but as you would probably agree given the care you are taking with this, the idea that you might want to misrepresent where you got the footage or who appears in it is probably not the best approach. That is just asking for trouble down the line.

It may well be that a release is not required in your situation. Many states have organizations of lawyers who volunteer to provide free legal advice to individuals working in the arts. If there is one in your area, this seems like the sort of straight-forward question that they would be able to answer fairly easily.
 
Well, I was hoping for a few more votes here to get a wider consensus, but perhaps my question looked a little too long-winded for most to jump in. Thanks Andrew and kwoff for your input and time. I thought this presented an interesting little riddle for us producers...

I will heed the advice offered, and consider what to do. As I think about it further, it sure seems that this clip couldn't possibly present a problem. But yes, I'm always an advocate of being thorough.
 
Sounds like you need to talk to an experienced entertainment attorney you (according to your location-CA) are in the land of experienced entertainment attorney's. It would be well worth the $250 to $300 bucks for an hr- for peace of mind.
jm2c
 
I would of just sent a email to the lady riding the horse in the shot asking for her permission. Just explain the footage that she is in, like you did here and then tell her that you would be happy to send her a Free copy of the product. That is assuming that the company you did this product for gives you the ok, again assuming that they would if it will benefit the final product to have that shot in it.

ok, I really need to get some sleep not sure if that is understandable to anyone but me right now lol.
 
Sounds like you pull similiar hours that I do... I call it "the hours of true inspiration coupled with silence".... about 11 to 4am!

Thanks for your 2cents.
 
Just call her if you have not already, be upfront, send her a little clip so she sees what you are doing with it and tell her it is a courtesy since you know who she is, even though she's largely unrecognizable in the shot. Ask if she'll mind signing a release; either she will or won't and you can move on with or without the shot.

If in doubt, get a release regardless of your legal rights and clearance obligations unless you have money to defend yourself with lawyers... right or wrong you'd still have to defend yourself if someone wanted to be ugly about it.

Robert Starling, SOC
Las Vegas, NV
 
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