Do I need release forms?

[finklefilms]

Hi all. I am wondering if some of you have any definitive answers on the use of release forms in documentaries?

For example, if I am following a character that is petition for signatures would I require a release form to be signed by the people they interact with?

Any guidance to links stating the laws behind this would be most appreciated. Thanks.

 

[KKeller]

If they are clearly on camera, talking or in focus get a release signed to be safe. If they are in the background and out in public you should be fine not getting one, but it doesn't hurt to be safe. If you can clearly recognize the person try and get them to sign one, if they don't agree blur their face out.

The most that would happen to you if you did include some one that didn't sign a release is they could sue for damages and if they are just walking by or something there are no damages they could legitimately collect on.

Of course I am not a legal expert, but every production I have worked on, including things with ABC, MTV, Time-Life this is how they did it.

 

[Bobonli]

This has been asked many times on this forum. Try searching for "release."

Short answer: release everyone you can. Don't forget premises releases and try not to include any corporate logos (like Coke) in your shots.

Longer answer: speak with your production company ahead of time so you satisfy their legal requirements and they don't hassle you when you turn in your product. I did one of the Travel Channel workshops, where we were sent out into suburbia to shoot short documentaries. They wanted everything released, no exceptions. The best bet is to know what your end user will want and then work toward that standard.

 

[grinner]

The technical answer is yes, you do. That said, I've doen this for a quarter of a century and have never messed with em. They chase people off and I can't have that when shooting. I'd rather ask for forgiveness than permission and after a quarter of century of working this way, I simply have never had to.