Shooting in public - releases, signs, etc.

P

percoplus

Active member
I have seen some older posts on this topic, but looking for fresh insight. I am videotaping bands in nightclubs and sometimes outdoors. Videos end up on YouTube, etc. and possible DVD sales. I am thinking I should post signs to warn people that they may be on video. I need to know what the proper wording should be for such a sign and whatever else I should do to avoid trouble.

I am invited by the bands and the venues verbally, but I am not comfortable with that. I plan to bring with me a location release and individual or band release forms to the gigs. What are your thoughts?
 
More experienced people will comment I'm sure.

My understanding from my lawyer is that the content of the music is copyrighted but the filming of people in public is not and requires no release.

My feeling is that you will need a release from the band and anyone associated with the band that has an interest in the music and performance, but filming the audience does not require a release.

When I was a ski instructor, several people filmed us during play time and I was never asked to sign a release.
 
As a general rule, you should post a mass release notice sign at primary entrances to the event you are filming. For people appearing prominently or with dialogue of any kind, you should have a signed release with name, address, phone number. For minors appearing prominently, you will need to secure their parents' permission. Talent and image release forms are usually conformed for use on both minor and adult players.
 
Here is recent mass-release poster language we use in North Carolina for certain networks. Note that requirements may vary from location to location. An entertainment attorney should be able to assist you in finding language appropriate for your application. This sign is not a substitute for the image / talent release notice I indicated earlier.

NOTICE OF FILMING​

This area is being used to photograph and record video and film footage in connection with ________ for the television program "________." By your presence in this area, you acknowledge that you have been informed that you may be recorded as part of the release in theatrical, broadcast television, home video and/or any and all media now known or hereafter devised, in perpetuity, throughout the known universe and the advertising and publicity thereof. Further, by your presence in this area, you grant your permission for your likeness and voice to be included therein without compensation, credit or other consideration. If you do not wish to be photographed, recorded or otherwise appear under these conditions, you should leave the area immediately. Thank you for your cooperation.
 
Ditto to what Eric says, by posting a sign in the doorway to the venue, your not going to have to many problems, I shoot in public places all the time and you just have to do deal with the tough looks some people give you
 
We saw a bunch of guys reading a sign on a door at a hotel on spring break several years ago, and then they rushed inside. Upon inspection it was a legal permission slip for an adult film being shot inside - with a disclaimer that anyone indoors might end up on camera :)

In seriousness though, when I used to do virtual tours we had a laminated one of those release statements that Erik posted and we could just write in the info for each shoot with a dry erase marker. According to the company we worked for (and the very well known clients we were doing the tours for) that was legally safe with the stipulation that you could provide a picture of the release in plain sight dated on the day of shoot (probably not necessary, but we were required to cover our butts so we brought a digital camera with us on all shoots to fill this request) - of course by putting a sign on our rig (since many times we were outside and had to leave the camera/gear taping while we were hiding out of the shot), many people would walk up to it, read it, and get upset in full view of our camera - I would just make sure if you are putting them up on any and all potential entrances to the areas.

Adam
 
Good point. We always take video footage of the sign in-situ. I could be wrong, but we tend to only do this once on one of the taking cameras per location. Start on the sign and do a context shot to the area you're filming in.
 
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