Is this legal?

Banned 12 years ago

Originally Posted by bathunter

What do you think?

I think the laws on this subject vary a lot from country to country.

http://www.warriorforum.com/main-int...al-advice.html

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manicmethods

12 years ago

What tends to happen is that when filming is taking place, signs are put around around the area stating "If you enter this area, you grant the Production Company permission to use any footage that you may appear in." It sounds more professional than that, but along those lines anyways.

I'm assuming you didn't have these signs.

Also, you were talking to them in the videos, which would suggest they would feature heavily in the overall shot. Correct? If so then you're going to want Release Forms etc from them.

IF the video is spotted by someone who was in it without your permission, then they have every right to sue you.

But obviously, I'm not lawyer so maybe just check in with a lawyer about this before taking any answers given by me, or anyone else on WF, as definitive.

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Eric Seiler

12 years ago

Disclaimer: Not an Internet lawyer

My understanding of the issue is that all people filmed in a public area (or from a public area) are fair game. Outside of that, my understanding of the applicable laws are fuzzy.

Let me Wikipedia that for you

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edy8888

12 years ago

Originally Posted by Eric Seiler

Disclaimer: Not an Internet lawyer

My understanding of the issue is that all people filmed in a public area (or from a public area) are fair game. Outside of that, my understanding of the applicable laws are fuzzy.

Let me Wikipedia that for you

I agree with you mr.Eric.
Mr. HTG,
It's better you can contact the persons whom you talked about.

. So, you can be free to sell those videos.

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Will Edwards 12 years ago

Originally Posted by edy8888

I agree with you mr.Eric.
Mr. HTG,
It's better you can contact the persons whom you talked about.
. So, you can be free to sell those videos.

And that's the problem. It doesn't matter who agrees with whom. You are asking for legal advice from an unqualified audience.

Will
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- celente 12 years ago
  
  Originally Posted by Will Edwards
  
  And that's the problem. It doesn't matter who agrees with whom. You are asking for legal advice from an unqualified audience.
  
  Will
  
  Yes 99.9 percent of people would not even come close to being able to give legal advice on here, then it is probably better to keep quiet. Would hate to see OP get in trouble over this.
  
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HTG

12 years ago

I'd say your fine. I believe it goes like this... if you go out in public, then you are making yourself available to be filmed or have your picture taken. If you own that material (you took the picture or video) then you can do whatever you want with it.

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Campbell24

12 years ago

Yeah contacting people is best. But what if they don't agree? Or want a commission? Now I need to figure out where to find the ACTUAL law. Not like that's so simple in America....

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HTG

12 years ago

Perfect example... TMZ

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Tadresources 12 years ago

Originally Posted by HTG

Perfect example... TMZ

TMZ get sued all the time from what I've heard. They can always make the argument that the celebrities they photograph are already public figures and therefore can't argue with being filmed, and they frequently get away with it.
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Campbell24

12 years ago

Hmm I never thought of that. Good point. I wonder if they do anything special to get rights to the videos. But obviously the're mostly negative videos that nobody would agree to release any way. Must be legal then.

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Tsnyder

12 years ago

Originally Posted by bathunter

Hmm I never thought of that. Good point. I wonder if they do anything special to get rights to the videos. But obviously the're mostly negative videos that nobody would agree to release any way. Must be legal then.

Not even close to the perfect example. Go to an attorney
and he/she will tell you why.

It amazes me that people actually see themselves as real
business people but seek advice regarding serious legal
issues on an internet forum from a bunch of people calling
themselves FuzzyJim and the like...

Be serious.

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Troy_Phillips

12 years ago

Originally Posted by Tsnyder

Not even close to the perfect example. Go to an attorney
and he/she will tell you why.

It amazes me that people actually see themselves as real
business people but seek advice regarding serious legal
issues on an internet forum from a bunch of people calling
themselves FuzzyJim and the like...

Be serious.

But T,

adr2357 just seems like they know what they are talking about

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JoshDylan

12 years ago

I suggest talking to a real lawyer before taking the advice of a bunch of internet marketers.

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mbitsol 12 years ago

Originally Posted by JoshDylan

I suggest talking to a real lawyer before taking the advice of a bunch of internet marketers.

Totally Agreed get a lawyer
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miserman

12 years ago

Well I guess if you are collecting some valuable information from one person which that person don't want to share with any one publicly, so it must be ILLEGAL....otherwise it is not wrong.

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RonLeroy

12 years ago

I think it depends on situation. If you make short videos about person's actions mostly in the crowd, then it is ok.

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Eric Seiler

12 years ago

I agree. Go see a lawyer. Make no attempt whatsoever to understand the law. Just pay someone to interpret it for you!

Or, maybe you can do both *gasp*. IMPOSSIBLE.

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HeySal

12 years ago

I dunno - If I actually filmed someone while talking to them, I'd sure be talking to a lawyer before airing that clip. What people say one on one and what they want the whole world to hear them say isn't always the same thing. I find it daunting that you would waste all that time and footage shooting first and asking later.

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MarketerMastermind

Banned 12 years ago

[DELETED]

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Brandon Tanner

12 years ago

Stay out of trouble: Know when to use a Video Release Form

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JohnMcCabe

12 years ago

There's a big difference between someone walking by on a sidewalk across the street and someone standing next to you in conversation. It's been awhile since I did any research on this, but as I recall, if the person is identifiable in the video, you either need to gain written permission or make them UNidentifiable.

That's why you see so many videos on TV with certain subjects' faces blurred out. They are the ones without signed releases.

[Insert standard CYA IANAL disclaimer here.]

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Brandon Tanner

12 years ago

Originally Posted by JohnMcCabe

That's why you see so many videos on TV with certain subjects' faces blurred out. They are the ones without signed releases.

Yep. If you ever look at any images on Google "Street View" that feature close-up shots of people, you'll see that their faces are all blurred out.

Considering how many cities Street View covers... can you image the amount of work that requires? That's probably someone's full-time job at Google, lol... just blurring out peoples faces all day.

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Emily B

12 years ago

Originally Posted by Brandon Tanner

Yep. If you ever look at any images on Google "Street View" that feature close-up shots of people, you'll see that their faces are all blurred out.

Considering how many cities Street View covers... can you image the amount of work that requires? That's probably someone's full-time job at Google, lol... just blurring out peoples faces all day.

I wouldn't be surprised if they had an algorithm that could identify a human face and blur it.

I agree with JohnMcCabe. A few videos I've seen have even stated that "so and so wished not to be identified," then they showed the interview with them with their face blurred.

I'm not a lawyer and all that jazz.

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Eric Seiler

12 years ago

Originally Posted by Brandon Tanner

Yep. If you ever look at any images on Google "Street View" that feature close-up shots of people, you'll see that their faces are all blurred out.

Considering how many cities Street View covers... can you image the amount of work that requires? That's probably someone's full-time job at Google, lol... just blurring out peoples faces all day.

No, not really. Facial recognition software has been around for years. Adding a blur is an easily automated task.

Also, Google has no qualms with blurring faces because that doesn't add a thing at all to their service. No one looks for people through Google street maps.

It would be funny if they punished bad workers to the task however:

"Bob, what the heck did you do? You got blur duty."

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Tadresources

12 years ago

Definitely check with a lawyer. The laws vary from country to country, and even from region to region within a specific country.

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makingiants

12 years ago

I was at a Catholic Church Christmas toy giveaway, and they videotaped people leaving and thanking them. The nuns with the camera had people sign release forms....
Vince aka makingiants

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Jonathan Joseph

12 years ago

I'd suggest speaking with lawyer in your jurisdiction just to be sure. Since it all depends. You're in a pretty unique situation.

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Christopher Fox 12 years ago

Lawyer - the only way to know.

There are a lot of times where I was filmed talking to people(and they didn't know they were being filmed)

Therein lies your problem. Think recorded phone conversations. Some states require that you inform the person you are recording the conversation, i.e. if you don't tell them and then make public or share that recording with others, you could have a civil lawsuit on your hands.

You have issues of public versus private property, reasonable right to privacy,etc.

Sounds like you were intentionally engaging them in conversation, intentionally recording and intentionally withholding that info from them.

All the intentionally stuff, especially the last one, is why you need to ask a lawyer, not a bunch of random knuckleheads, myself included so no insult to anyone, who know jack about the legal precedent of these matters on da net.

Me personally, I'd be pissed if somebody was recording me, yet was hiding that fact from me. No offense.
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farry00

Banned 12 years ago

[DELETED]

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Tsnyder

12 years ago

Originally Posted by farry00

Hello,

Criminal lawyers are involved in more than just interrogation in the court room. Just see to it that the defendant is protected in the future.

Thanks,

Seriously? Did you really think you could come on this forum
and get some link juice on your first post with that cheesy
attempt at sig link spam?

BE GONE!

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PhilippaWrites

12 years ago

The legal advice requests on this forum remind me of health requests on others.

"I've had a sore throat for a few days and now I've got a weird feeling in my finger... what's wrong with me?"

Go to a doctor! I don't know!

Except here: Go to a lawyer! I don't know!

Even if I thought I knew, it would be a really bad idea to take either medical or legal advice from me, or anyone else here.

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Haroon Ballim 12 years ago

You could get sued by someone who told their wife they were working overtime when in fact you filmed them in California with the girl next door.
The mafia may be looking for someone you just filmed .. Now they will be after you .. thats right .. Run
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- cybernetuk 12 years ago
  
  Ive seen plenty of documentaries on the TV with undercover filming!
  
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  eibhlin 12 years ago
  
  Originally Posted by cybernetuk
  
  Ive seen plenty of documentaries on the TV with undercover filming!
  
  That's what you see, and if it's recorded by the police as evidence -- and made public through the justice system -- that's one thing.
  
  However, if you're talking about TV shows where they show footage from "hidden cameras," that's different. In most cases, the staff from that TV show secured permission from everyone whose face is clear, on-camera. That's done right after the filming stops, or the person steps away from where the camera is.
  
  If the person won't give permission, the face is blurred and the voice changed, or the scene is edited out.
  
  In response to the original question: There are so many nuances to this, in terms of where the video was filmed (public location, private location; city, county, state, country) and where it will be distributed, you really, really need a lawyer.
  
  Meanwhile, never assume that what you see on TV -- "reality" shows, "hidden cameras," and so on -- represents what really happened at that time and place.
  
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brandon2664

12 years ago

What are the chances the people you interviewed will buy your product. If they do find out just give them a full refund.
But seriously I would go for it. If you think you it is illegal take out the interview portions.

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weeharp

12 years ago

You should watch it... Google it! could even vary from state to state.

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loi77

12 years ago

Originally Posted by bathunter

There are a lot of times where I was filmed talking to people(and they didn't know they were being filmed).

It is not ethical if they didn't know they were being filmed and you use it for your personal purpose. Why didn't you be upfront about it and let them know before you film?

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PeteTheMonetizer

12 years ago

Do you know how many times you are on camera when you simply take a stroll around town?

Did those places ask you for your permission?

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JohnMcCabe 12 years ago

Originally Posted by PeteTheMonetizer

Do you know how many times you are on camera when you simply take a stroll around town?

Did those places ask you for your permission?

"Those places" are not considering the commercial exploitation of what the subject could reasonably consider a private conversation. A conversation that would not have taken place at all had the OP not initiated it.

Huge difference between that and walking the aisles at your local grocery store and appearing on a security camera momentarily.
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igorGriffiths

12 years ago

Your phrase "where I was filmed talking to people(and they didn't know they were being filmed)" makes me very nervous, what exactly do you mean by this as undercover filming would definitely be a no no in many states unless there was a public interest case to justify the secret filming.

America being the land of the free is far more anal about this than the UK, so I guess it is a lesson to us all, do your research before you start your project, as this project maybe be dead in the water because of the way it was conducted.

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katnyc

12 years ago

You are asking for a lawsuit. If you have the contact information for the people you secretly filmed, see a lawyer and discuss how to go about getting signed releases.

Have you ever seen that show "Cops" where they show people being arrested for various crimes. If so, maybe you have noticed that they sometimes blur out the face of some of those arrested. Those are the people who would not sign releases.

I have also noticed this on some of the so called "reality tv" shows as well, some of the scenes have people with their faces blurred and I suspect those are the ones that would not sign releases.

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Green Moon

12 years ago

The rules are different for different jurisdictions and can be different for different roles (interviewee versus a person in the background). There are potentially issues of defamation and also legal rules around the concept "false light" that may depend not only on WHO was in the video but what was said.

You need to get legal advice from a lawyer who understand these issues (and that excludes probably 90% of all lawyers, too). You are certainly not going to get a good answer on a forum, even a legal forum. It's simply too complex.

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Cataclysm1987

12 years ago

Not the place for legal advice, but in US, if it's in the public, you can film anyone. Even the police.

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Farish 12 years ago

Originally Posted by Cataclysm1987

Not the place for legal advice, but in US, if it's in the public, you can film anyone. Even the police.

Not true at all. For example in California, if you film a minor in public without parental permission, you can get sued and have criminal charges press.

If the video is for commercial use, in most cases you need to get a written consent form. Public or not does not matter, the people appearing in the video can go after you if your intent is making money.

Talk to a lawyer or do some research.

Get Permission Before Shooting Your Camera - Lawyers.com

Took me 5 seconds to find that.
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capitalalchemy

12 years ago

I worked in the film industry. Have also read many books on film industry business compliance. Yes, you must have a written agreement.

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