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Legal questions for a documentary shoot?
Hi,
I would really appreciate any words of wisdom for the following questions, and any other advice relating to the subject:
I am about to embark on a indie documentary shoot. We are going to film at several locations aroung the city.
I want to know:
1. If I am going to shoot at a location i.e. a restaurant or a yoga school, what kind of document would i need them to sign to make sure its ok to release footage shot there? Is there a standard template I can download and alter for my purposes?
2. Same question but for actors that I use, or people in interview on camera. What kind of release form do i need them to sigh, and where can I find a template… online?
Any other advice about what kinda of insurance I would need to take out for a shoot on a project-based/daily basis, would be greatly appreciated.
Thanks in advance for any help.
J.
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3 Replies
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Run to your local library and check out every independent filmmaking book they have.
Then go to amazon.com and try to locate one or two books o the topic that will protect you from yourself. I got sixty good books on a quick search at Amazon.and use google to search for legal advice for documentary producers. Model releases are available from hundreds of online sources. Google, again.
You have several issues that you must decide how your risk-to-effort ratio fits the need. If you are seeking absolute protection, there is no such thing. People who sign releases and waivers can still sue your butt. how much hassle are you willing to invest in protecting yourself? will you carry a box of releases and file them where you can find them if you need them?
Insurance is an entirely different matter. Got an agent you trust? Get some independent advice. It’s easily researched on google in a few hours. Do you need to insure your company for liability, injury, theft, or do you need an overarching stupidity policy?
The reason you want to invest in a couple of books is that you want to be able to refer back to them when you need to. Carry the documentary production handbooks with your shooting gear.
bogiesan
This is my standard sigfile so do not take it personally: “For crying out loud, read the freakin’ manual.”
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thanks alot, thats helpful.
Cheers,
Josh
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All of the above advice is right on. The more you know what others do that works well, the stronger your starting position. Some experiential points …
We used as resource several online release forms to fashion the right one for each project, and sometimes use different releases for different subjects within one project. Some are highly legalese with hundreds of words (corporate VIP or institutional subject speaking on behalf of organization, etc.), and some are very simple, just a few paragraphs (person on the street, etc.). Grabbing the opinion of the perfect stranger at a public location who has a great sound bite is wonderful serendipity– but whip out your 1,000-word release and you may kiss that moment goodbye. For all versions, must have a lawyer do a looksee and tweak.
For a location like a restaurant, the owner or legal rep of the location must sign a location release. And if you post a sign at the entry point(s) of the place stating that those who enter may be filmed for a documentary, etc. you are more covered. If you zoom in on some customer and create some good specific background action with him/her, then get a release.
As far as strangers who end up in a sequence or scene, if it is not practical or possible to get a release make sure you have some coverage of the action that allows you to use the scene but not see the person’s face for longer than a second; get some over the shoulder, frame their hands, etc. And also don’t use their voice as a principal source of info, keep it short and light.
But there is such a thing as fair use when you are shooting a documentary, after all.The bottom lime is, as said in post above, anybody can sue anyway. Study recent cases for “Borat”, which had gone as far as to purposefully humiliate strangers. They also had no releases for certain passersby on the street and subway. Although this film was seen by many millions worldwide, the issues of fair use and what constitutes “news” are interesting.
Ultimately, the proof of your intentions during the shoot and for the final material are important.Good luck!
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