ie. Having subjects respond to the question, "Is it okay if we use your image in this production?" to the affirmative, on camera. I've noticed that the Tonight Show with Jay Leno does this.
I did some biz with Playboy a few years ago. We helped them do their Mardi Gras party in New Orleans. They had a huge banner they posted at the event scene. It said "YOUR PRESENCE HERE GRANTS PLAYBOY ENTERTAINMENT, INC. PERMISSION TO USE YOUR IMAGE IN ALL FORMS OF MEDIA...." etc.
Either method would certainly save a lot of paperwork!
The guy that produced GGW got in some trouble over their clearances in the beggining. they got sued by one of the girls that had her image on most of the covers and they had to switch to the kind of clearance that Winter was talking about, " OK drunk girl, show me you boobs, OK now sign this please". Mattin pegged it. I think i saw it on a news show.
Believe it or not I have never seen a GGW video....I have however seen girls gone wild, but it's been a while. I have a kid now and the wife has "squared-up".
It's perfectly legal, as long as it's documented somehow. Either on film, or in the case of that banner, an image of that banner hung up where it could be seen.
Just don't lose those documents or you could have a hell of a lawsuit.
I've been to Mardi Gras and Fantasy Fest, and other party events like that. Every time a girl shows her boobs, there's about 10 guys taking her pictures. So you know they're either not embarassed or too drunk.
Shows like GGW usually have a woman working for them. She would approach other women and offer her some nice beads to be on the show. If she agrees, then she has to sign a waiver first.
For the record... In STL we have the second largest Mardi Gras in the country right behind New Orleans... uh... if any of you guys happen to be in the midwest and come by for it... you will be QUITE surprised. Quite. Hmm... yeah.
Actually you can take video without one when in a public event. If they are in a public event and decide to take off thier shirts their privacy is forfeited. I have a bunch of fantasty fest stuff i was going to release but decided not to for other reasons.
If anyone has enough money and a good lawyer your in trouble period. GGW just has good lawyers, they also have a ton of money. Porn, 6 billion a year. I'm leaving it at that. If you as an independant filmmaker wants a nude in your movie consult a lawyer and have an impartial witness, my friend lost about 10,000.00 from not having someone there to witness the contract and the girl said she though it would not be shown except for non-profit. save yourself the hassle.