Dilemma at DVinfo.net

Steve Elgar · August 1st, 2008, 07:17 AM

I recently shot some footage of a public event which included interviews with the general public, competitors and some celebs. As the video was intended to be given to the event organizers at no charge for their own archives, there were no Talent Releases obtained from those who were featured in the original footage. All good and well until now... I think ???. The problem now is that I have been approached by a television network to provide them with footage for use in a television program. How do I stand legally with not having any signed releases ?

Any help in this is much appreciated.

Chris Davis · August 1st, 2008, 07:39 AM

Ask the network. Is this "television program" a bona fide news program? Over the years, I've been interviewed on camera several times for news programs and was never asked to sign a release - both for scheduled appearances and in public where a camera and mic are basically shoved in your face. I believe in most states you only need a release signed for trade or commercial use, not for news.

For example, here's the text from the Florida statute:

"The provisions of this section (unauthorized publication of name or likeness) shall not apply to: (a) The publication, printing, display, or use of the name or likeness of any person in any newspaper, magazine, book, news broadcast or telecast, or other news medium or publication as part of any bona fide news report or presentation having a current and legitimate public interest and where such name or likeness is not used for advertising purposes."

Chris Davis · August 1st, 2008, 07:41 AM

Never mind - you're not in the US. Anyway, just ask your contact at the network.

Chris Medico · August 1st, 2008, 07:49 AM

Absolutely right

If its NEWS or Public Interest then no release is needed. If its an entertainment or for profit piece then you need a release.

I provide footage for both NEWS and profit pieces. I am never asked for releases for NEWS footage.

-------------------------------------------------

Ops.. Yea, only applies to the USA. ;)

PJ Gallagher · August 1st, 2008, 10:33 PM

Steve,

I think you'll find what's been said is also applicable here in Australia.

If it's for a news programme, you'll be fine. If it's for somethin like "Getaway" you might have issues.

Do you mind if I ask what the programme/network is?

Cheers

Steve Elgar · August 4th, 2008, 08:01 AM

Thanks Chris, Chris and PJ.

I think I should be ok with the majority of the footage. The problem will be an interview with a local Australian TV personality. (Who happens to be a preseneter on "Getaway" ). PJ, I believe the programme is a mix of news and entertainment and is produced and aired in the UK.

Annie Haycock · August 8th, 2008, 02:32 AM

In this case, at least you have an opportunity to contact the person and ask them to sign a release.

A greater problem would be anyone interviewed on spec that you don't have a name or contact details for.

August 1st, 2008, 07:17 AM	#1
Steve Elgar Regular Crew Join Date: Feb 2008 Location: Port Stephens NSW Australia Posts: 71	Dilemma I recently shot some footage of a public event which included interviews with the general public, competitors and some celebs. As the video was intended to be given to the event organizers at no charge for their own archives, there were no Talent Releases obtained from those who were featured in the original footage. All good and well until now... I think ???. The problem now is that I have been approached by a television network to provide them with footage for use in a television program. How do I stand legally with not having any signed releases ? Any help in this is much appreciated.

August 1st, 2008, 07:49 AM	#4
Chris Medico Inner Circle Join Date: Aug 2006 Location: Efland NC, USA Posts: 2,322	Absolutely right If its NEWS or Public Interest then no release is needed. If its an entertainment or for profit piece then you need a release. I provide footage for both NEWS and profit pieces. I am never asked for releases for NEWS footage. ------------------------------------------------- Ops.. Yea, only applies to the USA. ;) __________________ http://www.LandYachtMedia.com

August 8th, 2008, 02:32 AM	#7
Annie Haycock Major Player Join Date: Dec 2007 Location: Pembrokeshire, Wales Posts: 734	In this case, at least you have an opportunity to contact the person and ask them to sign a release. A greater problem would be anyone interviewed on spec that you don't have a name or contact details for. __________________ Canon XH A1; Canon XF100; Nikon D800

August 1st, 2008, 07:39 AM	#2
Chris Davis Trustee Join Date: Jul 2005 Location: Willmar, MN Posts: 1,400	Ask the network. Is this "television program" a bona fide news program? Over the years, I've been interviewed on camera several times for news programs and was never asked to sign a release - both for scheduled appearances and in public where a camera and mic are basically shoved in your face. I believe in most states you only need a release signed for trade or commercial use, not for news. For example, here's the text from the Florida statute: "The provisions of this section (unauthorized publication of name or likeness) shall not apply to: (a) The publication, printing, display, or use of the name or likeness of any person in any newspaper, magazine, book, news broadcast or telecast, or other news medium or publication as part of any bona fide news report or presentation having a current and legitimate public interest and where such name or likeness is not used for advertising purposes."

August 1st, 2008, 07:41 AM	#3
Chris Davis Trustee Join Date: Jul 2005 Location: Willmar, MN Posts: 1,400	Never mind - you're not in the US. Anyway, just ask your contact at the network.

August 1st, 2008, 10:33 PM	#5
PJ Gallagher Regular Crew Join Date: Oct 2006 Location: Canberra, Australia Posts: 78	Steve, I think you'll find what's been said is also applicable here in Australia. If it's for a news programme, you'll be fine. If it's for somethin like "Getaway" you might have issues. Do you mind if I ask what the programme/network is? Cheers

August 4th, 2008, 08:01 AM	#6
Steve Elgar Regular Crew Join Date: Feb 2008 Location: Port Stephens NSW Australia Posts: 71	Thanks Chris, Chris and PJ. I think I should be ok with the majority of the footage. The problem will be an interview with a local Australian TV personality. (Who happens to be a preseneter on "Getaway" ). PJ, I believe the programme is a mix of news and entertainment and is produced and aired in the UK.