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Being threatened with lawsuit by over-protective mom….
Mike Smith replied 19 years, 12 months ago 8 Members · 13 Replies
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Shvr
May 25, 2006 at 3:51 amWell, once the cops called me, I just passed the matter off to the producer because I was working for him. The production did have permission to shoot in town because much of the shooting took place in this very same park and at the beach – whether this was a blanket shooting permit or not I can’t say.
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Timothy J. allen
May 25, 2006 at 10:04 pmI’m glad to see that it’s working out for you once the mom realized you were a legitimate photographer.
Having been on both sides of this issue, I agree that it’s important to get releases. Of course, in this case the children were not at the age where their signature would have carried any legal weight – technically, you would have had to get their legal guardian’s permission to shoot them if it’s recognizable. (It sounds like that was eventually done by the producers, which is good since that responsibility is ultimately theirs anyway.)
But you all can see the flip side, right? If a “stranger” was taping your kid while they played at the park and you found out about it after the fact, wouldn’t you want to know more about what was really going on? As a parent, I know I would, and since I know the law (generally), I wouldn’t hesitate to cite it chapter and verse to the videographer and producers. If they weren’t VERY responsive to my inquiries, I’d wouldn’t hesitate to bring the police into it. It’s my kids safety on the line (Even if it’s a question of perception, I’d rather be on the safe side.)
The lesson here is to be open with people about what you are taping and why you are taping it. If they don’t want to participate (and sign a release) ask them (or at worst case… pay them) to get out of the shot.
Giving them your card may have caused you a headache, but trust me that it was the correct and ethical move. If I confronted a videographer about taping my kids and they wouldn’t give me contact info I’d find it anyway.
You did the right thing by following through.
-Tim
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Mike Smith
May 26, 2006 at 8:28 amGood points, Timothy. Surely the appropriate response here is to be more of a good citizen, not less.
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