CompuServe Thread

#A legal question

4 messages in this thread
#774From: david bartzDec 22, 1994 8:20 PM
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
#805From: Robert E. BruneauDec 23, 1994 7:31 AM
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.
#883From: david bartzDec 23, 1994 7:04 PM
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
#930From: Robert E. BruneauDec 24, 1994 8:48 AM
>>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.