Mocumentary Laws

J

Jackson Miller

Well-known member
Hi guys. This relates to the release form topic a bit.

1) I have seen hundreds of people in dozens of documentaries that I know did not ever sign a release form. Just people walking by in "supersize me" etc. How do these people get away with it? These people aren't the low profile film maker that figures, well I will not bring it up and not a ton of people are going to see this anyways. These documentary makers are making money off of the films and it seems like if there was a problem, they would get in trouble.

2) How about in mocumentaries where people may be offended? Borat for example. How did they get away with that? I know some people (who signed releases) tried to sue or something, but for the most part, everything was ok. I am planning on shooting a mocumentary that I imagine some people will find even more offensive than Borat (yet cleaner).

So, any tips? Also, I am trying to figure out if the same laws that apply to documentaries apply to mocumentaries. I would think they are the same legally.
 
Entity said:
Hi guys. This relates to the release form topic a bit.

1) I have seen hundreds of people in dozens of documentaries that I know did not ever sign a release form. Just people walking by in "supersize me" etc. How do these people get away with it? These people aren't the low profile film maker that figures, well I will not bring it up and not a ton of people are going to see this anyways. These documentary makers are making money off of the films and it seems like if there was a problem, they would get in trouble.

2) How about in mocumentaries where people may be offended? Borat for example. How did they get away with that? I know some people (who signed releases) tried to sue or something, but for the most part, everything was ok. I am planning on shooting a mocumentary that I imagine some people will find even more offensive than Borat (yet cleaner).

So, any tips? Also, I am trying to figure out if the same laws that apply to documentaries apply to mocumentaries. I would think they are the same legally.
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1) Posting signs in public warning that entering an area gives permission to be filmed is generally how this is handled.

2) They didn't "get away with it". Despite having participants sign releases, some argued it was done under false pretenses and they were sued. The studio settled with a number of parties. But they could afford it.
 
Legal fees are important. Even with a release signed, if the party decides to sue your contract doesn't mean anything unless you go to court and make a case. Which has associated costs even if you don't use a lawyer, which you should. The thing to understand is that offensive isn't what made that controversial; it was misleading people. You only have a problem if the people involved don't know what they're getting into.

And, as the first reply said, get an attorney to help. I don't have legal expertise, and even the people who do aren't going to be liable since you aren't a client if they give bad info. So find someone reliable.
 
People at public events do not have to sign releases. Releases signed just have to be worded right. The last one I signed for the tonight show was funny. It said they can use the footage in anyway they saw fit in the universe. Literally.
This was the weak link in Borat's release forms and why some sued underr false pretense. It stated they would be ina docuementary about a guy coming to america and learning the ways of the land... not that they were playing dancing monkey in a comedy.
 
I like the ones that say they can use the footage anywhere in the universe for any purpose by any means with any technology, currently existing or not yet invented for the rest of eternity. Ever since I first had to use one of those I started wording all of my own that way. Well, not all. I keep a tamer version for people who aren't totally sure they want to sign it.
 
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