Legal use of people's images for a Demo Reel

Bob Fagan

Bob Fagan

Well-known member
My question is if I shoot people for a job as part of a freelance gig, do I have the legal right to use the video I shoot in my demo reel if I do not have a release form specifically for that? For instance, shot several well known celebrities as b-roll for photo shoots for a well known magazine and my work has been used in national media and in popular commercial websites as part of entertainment news pieces. I have never signed anything nor have I had any of the celebrities sign anything.

The demo reel is only to show perspective clients my shooting abilities but I realize having celebrities as subjects gives it some extra value.

Anyone have any real insights on this legal issue?

Thanks.
 
Anything you shoot is fair game for your reel. My question is, did you get paid for the use of your footage at all?
 
Pay wouldn't have anything (or very little) to do with the legality of using the footage. I think that legally you probably need to have clearances. But I don't know of anybody that does for showreels and I have never heard of anybody getting stung by using material they worked on. The exception would be if you signed some form of non disclosure agreement or if the shot in some way hurts someone. It's a stretch but for instance if you were shooting behind the scenes at some show and you caught some naked shots of X. Sticking those in anything that others saw would probably land you in court.
 
Thanks for the comments. Yes I was paid well for the jobs.

Noiz2 you kind of pegged the way I'm feeling. I think it's kind of in a grey legal area where the subjects agreed to be videotaped for wide spread public viewing as part of their publicity so they would have to be real jerks to come after me to show that I can shoot them well.

If I was selling the footage myself, or showing it in an unflattering light, that would be a different story. I actually see it all the time in other people's demo reels but I don't know if they got releases or not...I'm thinking not in most cases.

So I'm thinking I'll just keep Jessica Simpson in...especially since she helped the Giants on the way to the Superbowl. :-)
 
I always saw asking for permission to add a client's property to me demo as a great opportunity to compliment them. They have always taken it as such when I have asked.
Don't drop famous faces in your reel for clout. If you did some wiz-bang work on that face, it applies, otherwise, it wiull just get your reel pitched in the trash pile.
Make sure you have permission to use whatever music you select too. Not that you will get sued, you want the right answer when asked by a perspective employer.
 
Does it matter that he is not deriving a profit (copyright infringement) or by action undercutting someone else's ability to derive a profit (damages)? Who would have a lawsuit on what basis?

I think that even if someone did the first course of action by a harmed person or company would simply be a cease and desist order. In that event you would apologize profusely and ask if they had any additional work for you.

Bob
 
No it doesn't matter. And actually he is deriving a profit (or hoping to) this is a reel after all and he's using it to promote himself, that's ...ah advertising.
Infringement penalties vary and I don't know what would be at stake. In Canada there are criminal penalties for a number of copyright infringements and so conceivably you could land in jail. The US is a lot laxer but probably you biggest penalty would be bad press and that could end up costing you more than is obvious. For instance most "big" films are surrounded in a certain amount of secrecy. If you goal is to end up working on those kinds of projects it's not a good start to get a rep for using footage you shot for your own purposes.

All that said, unless your making people look bad (in their eyes not yours) your probably fine. Odds are they will never see it and won't have a problem if they do.
 
You must log in or register to reply here.
Back
Top