#A legal question
4 messages in this thread
Greetings DTVers…
I'm creating a training tape for sale, and would like to use some "stock" shots
from places around the area in which I live (San Francisco Bay Area)
While I would not substitute free conversation here for official legal advice,
I am curious where the rights of the person on the eyepiece side of the
camcorder end, and rights of the folks on the lens side of the camcorder begin.
Here are some examples…
1) I shoot the local grocery store from the public sidewalk. I then use that
footage in a video which I sell for a profit. Is the owner of the store
entitled to compensation?
2) I shoot a person sitting in a park. I, again, use that footage in a video
which I sell for a profit. Is the person entitled to compensation?
3) I shoot somebody's house from the sidewalk. Footage goes in a
vid-for-profit. Does the owner get anything?
I expect that they would have to see themselves on the video for anything to
happen, which my be unlikely. Nevertheless, I suppose that the prudent method
would be to get every entity that I shot to sign a release, but that might not
be practical.
Anybody know where the law comes down on this type of thing?
Thanks for your help.
db.out
You might want to read the article in the most recent issue of
Videomaker (Jan. 95) which deals with the issues you raised, along
with some others.
Bob –
Thanks! Got it. Read it. Continues to be a gray area. "Hi. How would you
like to sign my release?"
fun. fun. fun.
db.out
>>gray area<<
Yeah it sure is a gray area. I try to get signed releases whenever
possible. In one case I had a (free) production asst who I made
resposible for nothing but getting releases signed. My experience,
though, is that most people don't seem to mind. Or maybe I've been
lucky.