Documentary Release Form Question

[Kevin Wells]

Hi all.

I know I'll need to consult with a lawyer with regards to my question below. However, I'm asking this on the forum to get an idea of how people here handle this issue.

I'm making a documentary that follows a fundamentalist open-air preacher known as Brother Micah. He travels full time to different college campuses preaching in free speech areas. My question is in relation to release forms for the audience.

There is a lot of crowd interaction when he preaches since he is very confrontational. Students are often yelling at him and are frequently asking questions or in his face. The crowds are generally below 100 but sometimes can flare up to 300-400 surrounding him. Now, I'm mostly filming alone. I obviously have permission to film him but I don't see how it would be possible for me to get releases for people asking questions to him because it is so fast paced. He normally is surrounded by students and is preaching/answering questions for 3-4 hours generally without breaks. Students are also coming/going frequently, so it's not possible to get releases at the end of filming.

Here's a video someone posted of him preaching on YouTube (I did not film this - it is bad quality). This will give you a better idea of the situation.

http://www.youtube.com/watch?v=qDRHC3UuGec&feature=related

I've read of people posting a sign saying that documentary filming is in progress and their presence implies they are willing to be filmed. I'm interested in hearing suggestions to how people would approach this. Thanks in advance for the suggestions!

 

[Tommy K]

I have seen places that announce filming by signs and you agree by attending. I have seen this at a Disney owned kids athletic training camp as well. Signs were all over the place and they were filming some events and the crowds.

 

[Giganova]

I don't think that these signs would save your butt when someone decides to sue you (how can you make sure that everyone has read the sign?), and their use has been widely debated here and other forums. From what I understood, they are useless.

I'd be more concerned to have permission of the owners of the venues where he speaks (e.g., a university if he speaks at a U campus). A university has a powerful pack of lawyers, so better don't mess with them and get clearance in advance in writing, and be careful not to show the university logo with the guy in the shot to avoid the impression that there is an affiliation.

Also, keep in mind that no release form is legally binding and would not hold up in court. From what I understood, they are intended as a hurdle so people don't consider suing you. That's all. If they do, the release form is worthless in court. However, they are very important if you try to sell your movie to a broadcast company later because they insist on them. If you decide to go the self-distribution route, you can simply forget about them.

 

[loselectro]

A huge part of it is weather or not it's a private or public space. If it's private, of course get permission and then plaster the entrances with "by entering you consent to filming.." ie in the situation of a concert film etc.

In a public place it gets tricky. First you need permits to film [I'm pretty sure the sign is worthless without them], and then you need to post those signs in a very public place...and then you need to release each one of them that interact on camera. A good idea is to staple a polarioid of them onto the signed sheet. And also, make sure to film the release signs so that you can prove they were displayed and in a public manor.

This is just my experience from american television, mostly reality based stuff...and i've never seen it not hold up, but you need money and a crew to do it properly. I think if you can't do it properly, you might as well go renegade.