tabloids vs. films

ernesto

ernesto

Well-known member
How come tabloids can take pictures of people without their permission, publish them, and then write anything about them, but when it comes to movies one has to get releases for each person that can be recognized?
 
Doesn't one need releases for documentaries though?

I mean that's more journalism than tabloids.
 
No most of them time the pictures are taken in public or from a public place. If you are in public you have no image rights. So yes you can walk down the street shoot anyone you want and show it. As long as you are in public.
 
Until Bob sues you because your film shows him and his mistress walking down the street grabassing, which really ticked off his wife.
 
dosen't matter he can get pissed all he wants you can make a million on the film. If he was in public and you where in public shotting it. Dosen't mean that you where on the street shooting through their window he can't do anything about it.
 
IMG,

I can only suggest you get a good book on Photography Law. Heck, get a bad book. It will still help you out alot.

-GageFX
 
Yeah...all those sites where you can download releases must be some sort of scam. And, apparently, Leno fell for them, because they blur out the faces of people who choose not to participate in Jaywalking segments.
 
I've been shooting Docs for the past 5 years, and had may Law officals, Lawyers, and people tell me that I can't shoot here or there. I can't shoot them. I can't use there image with out releases. But when you are in public I always when. We are working on a Doc right now that would not work if you couldn't shoot people in ,on public property. If we had to get releases we would never get them. I'm not saying that you aren't going to have to fight for your right to show your image. You have to get a good legal team and not be afraid to stand up to a police officers and when he tells you to stop shooting or you can't shoot here. You say sorry sir you are in public property. Now i'm not saying you shouldn't try to get a realise. or be curites. But if you want to shoot and keep the image you can. Just make sure your lawyers are bigger then theirs. That is how tabloids and poperatise work. They sale millions of issues and make more money with images with out releases. That is because 90% of the time they are taken in public. Trust me guys you can go ask your entertainment lawyers I've been doing doc's like this for awhile. And the Doc I'm working on now with the law enforcement and FBI we are dealing with we would never be able to shoot anything if we weren't in the public.
 
OK. We've gone in two directions here. Documentaries are different. You generally don't need people releases. (But may need copyright releases for some things. Which sucks. And probably isn't true, but no one wants to spend the money to find out.)
 
No, no no.... sure you can shoot them in public places. That's not up for debate. You just cant use the footage you shoot - without the releases - for commercial purposes. That almost always includes docs. No team of lawyers will get you past that. That's just the law. All the good lawyers will do is mitigate damages.

Gen... are you U.S. in Germany, or German?


.......
Unless you have O.J.'s lawyers. They might be able to help you.

-GageFX
 
US in Germany.

A real documentary should fall under the journalism exemptions for "folks in the background", but would probably get sticky if you were doing a New York Club Scene doc which featured people, since they have a reasonable expectation of privacy even in a public place.
 
What about Super Size Me? Did they get releases for all the McDonalds workers they embarrassed when asking for those nutrition fact sheets? Or for repeatedly using McDonald's logo and products? Releases for the phone conversations with all the McDonalds executives, etc.?

I don't know, this whole releases business confuses me. Seems very uptight sometimes like getting releases for all people in the footage, getting location releases for all recognizable businesses, getting city permits. However, on docs like Super Size Me and I'm sure there are many others (Decline of Western Civilization?) that seem to violate all this.
 
There is a First Amendment exception for documentaries.
It covers letting you show people involved in matters of public interest, without their permission. This is how Super Size me, and Michael Moore do what they do...

Also certain states allow the persons picture or filming, if it is "Public news" or in the "Publics affair". California has pretty broad laws with regards to this, hence the tabloids easy use of public photos, but even when taken in other states, their lawyers rely on these and first amendment rights all the time. And contrary to what the stars tell you, there is a symbiotic relationship with the tabloids. They don't want to sue them continuously, and have a tabloid boycott them. Mega stars can get away with it, but by and large, the majority of fame seekers see the tabloids as a necessary (if intrusive) part of the job - up to a point. If you're serious about selling anything beyond your car boot ,you should look into E&O insurance. It protects your butt and the purchasers. :beer:
 
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It is a case by case thing. Documenting something and then making a movie about it is one thing. Now if you are shooting a film or TV show and don't have a release then you might want to worry. And allot of time we blurr out logos and brands beacuse we offer to sale for the placement and the company says they don't want it.

I always follow the saying "Shoot first and then ask for forgiveness" when i'm shooting something or someone that I'm just not quite shure if its legal and can't get the lawyers on the phone.The first Amendment is on your side. and the confussion of the law is on your side as well. Who determins what is public interest?? so Shoot first ask latter

unless its with a real gun then ask first shoot latter.
 
It is a good habit to get releases for anyone who appears prominently within the frame, even if you're shooting social and topical documentary. A location release banner is often used in these situations.

Most cable networks require that key on-camera subjects be released. We shoot our banner at the top of each location where there is a mass of humanity that we cannot otherwise release individually.

On the street, in public places, this is difficult. Get releases whenever possible and keep log notes against timecode for anyone who refuses to release. Have your subject state their name and "okay" the use of their image.

e
 
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