ASK & DISCUSS INDEX

12 years, 7 months ago - Franz von Habsburg FBKS MSc

There is a sign on the door of BAFTA screenings that the event is being filmed and by entering you are giving consent for your likeness to be filmed.

12 years, 10 months ago - Joe Kotroczo

It's advisable to get consent somehow. For crowds in a venue, the usual method is to have a large sign at the entrance saying something along the lines of "filming is taking place, by entering you agree to be filmed".

12 years, 10 months ago - Yen Rickeard

If you want your film to be shown, you need the release forms for everyone who is recognisable.
Joe's advice about the sign is a good start, if you can manage the camera angles so you don't see any faces, or can make them so far out of focus that they are anonymous. Alternatively you can blur everything but your leads in post - which could be a good effect for you. But otherwise you need consent, either on paper, or on film. You can do this verbally with a mobile phone for a short. But for theatrical/tv etcrelease, you need the form filled in, or to fill the place with your extras - who of course have signed their release forms!

12 years, 10 months ago - Benjamin Kent

Some caveats... Firstly I'm not a lawyer, and though I have read up on film law, take my advice at your peril. Secondly, the specifics of your shoot (of which I'm not aware) make all the difference.

So...

My understanding is that as long as the people aren't the subject of your shot and there's nothing defamatory going on, don't worry about it. News crews in Leicester Square don't go around getting release forms for everyone who walks through frame, do they? (That's a rhetorical question - they don't). If you want to focus on someone, get a release form. If someone complains, don't film them - it's not worth the trouble.

There's a lot of scaremongering and old wives' tales when it comes to the law, especially film law - and I'd be surprised if putting up a sign at an entrance as a form of contract is in any way legally binding. That said, I've been surprised before. And there's no harm in erring on the side of caution.

Legality aside, most festivals don't ask for your release forms. I've sold to TV stations and signed with distributors and none has ever asked to see the release forms for even the lead actors. You sign a contract saying you've got them in place, and you're liable should the TV station get sued. But let's face it, a member of the public isn't really going to spend thousands of pounds suing a penniless short film maker because they're seen in the back of a shot. And not meaning to sound rude - you're not making Avatar - chances are they're never going to even see it.

Of course, if against all the odds you do get sued, even the most bogus law suit will cost you money you may well not have for legal fees.

12 years, 10 months ago - Joe Kotroczo

Benjamin: The sign at the entrance stipulation actually came to us from the lawyers of a film I worked on recently. They even gave us the wording for the signs.

As for distributors never asking for paperwork: I know of at least one (name starts with an animal and ends with an architectural feature) who made the producers chase everybody involved in the production to sign additional releases because they deemed the wording of the original contracts to be lacking. Granted, this was for a Region 1 & 2 DVD release...

12 years, 5 months ago - Paddy Robinson-Griffin

Another late one from me...

Nobody mentioned insurance - your E&O/indemnity policy will almost certainly require you to have the releases in place if anyone is recogniseable, as it's them that'll get the hit if anyone does sue. Chat with them about it, see what they say.

12 years, 7 months ago - Dan Selakovich

I'm late to the party here, but couldn't let the "no release forms" thing go. Here in America, distributors ask for EVERYTHING. One little missed crossed T could seriously put you in legal hot water on so many levels: the distributor, the territories you or your distributor sell to, the face in the crowd that didn't sign a release... I could fill a 3" binder (and have) with the delivery requirements of a distributor. Joe's right. Listen.

12 years, 7 months ago - Shoaib Vali

I photograph people on the streets all the time, often right up close a couple feet from them, I never had any trouble from the law, because, a) I have no intention on selling those pictures to make profit, and b) I have the right to take a picture anywhere in public in UK, its the law. So as Benjamin said, it depends on your shoot and what you want to do with the final product after. As your going to be making a short film, (which rarely ever make money), you can film away in public as long as you don't sell it to someone for distribution, BUT, if you want to screen it yourself, where no profits are generated from the audience, you can do so without having to be worried about all that, its your freedom of expression. But yes, shit changes drastically if you want to make money out of your short.

About distribution companies wanting release forms, I would say majority would, as you know, its just necessary, period.