Documentary subject releases

[metice]

I know there is plenty of information available about releases but it is sometimes conflicting and seems to depend on geographical location.

I'm working on a documentary about AIDS orphans in Thailand. I have full permission to film the children, but there are obviously countless other adults appearing throughout the film. I understand that everyone who is interviewed must sign a release. What I'm less sure about is other people who appear in the shot.

When I speak to Americans they always say that everyone should sign a release. It's obviously easy to say than to carry out. Europeans seems to be less strict and concentrate on those being interviewed. I know that Thailand is not a litigious society compared to America - is this a factor a distributor or broadcaster will take into account if people haven't signed?

Anyone who has experience or opinions, please feel free to contribute!

 

[Kim Welch]

Post Production

Post Production

I am not a lawyer but i have a pretty good idea if you are worried about a random face here and there and you are going to get the most important people to sign releases, right? Do just blur the faces that are not signed in post.

 

[Jack London]

Documentary subject releases

Sorry for the following rant...

I'm not a lawyer either, but I spoke to one once or twice

I am an American living in India. Here's how we do it over here, as well as a couple of other needed recommendations…

Release are always good. Always.

Get them from everybody who:

1) Is principle to shooting. I.e., is talking or featured in the film.

2) All adults

Children can't sign for themselves as they are not adults. No matter. The Owners/operators of the orphanage, etc, can "sign" (give permission) for them, as they are legally responsible. Have the owners sign a release saying words to the effect of "you have our permission to film all the children in the orphanage, etc." Hopefully you already got that. Make sure. You don't want to show up and NOT have the paperwork already done.

Then, on the video you also ask them:

"Is okay to film everybody here?"

They say, "yes". You now have another permission. Note the word "EVERYBODY".

You may need this later on. Especially if you distribute or sell film. Better to have too many "permission slips" than not enough. Can be very difficult later to get written permission.

You are in a foreign land. Expect to pay bribe(s). Bribes are negotiable. Offer half (or less) of what the opening bid is. If possible, have a local do the "bribe work" for you. They know "the ropes". Be business like. Do not be offended. Settle bribe money before shooting. Or leave quickly with the footage. Oh, yeah, local currency- cash ONLY - no checks. Keep some "spare" local cash on hand. You never know who or when you'll need to "grease a palm…"…


Note that this finished footage may or may not be "politically acceptable" to the "authorities" in that country. Make a backup copy of footage ASAP. Don't keep all the footage copies together. Consider mailing out a copy to yourself. No need for paranoia - just common sense. It's not like the West. You basically have NO rights as a foreigner. Be forewarned. Tread lightly. Don’t argue with the authorities. Don't volunteer. Listen to question, formulate a minimal answer. Try not to lie.

Your passport may need a stamp or permission to shoot film in that country. Yeah. No kidding. You can get permission from the people who issue the VISA. They usually add a type line to the VISA that says "Holder is allowed to produce film footage". Or something like that. If you can't get that, get a letter from a Gov't official or at least the curator of the orphanage. Keep the letter on your person.

I do not have such luxuries. I have a local that shoots for me and I refer any questions about the legality of what I am doing to him. We've never had a problem. But I'm always looking out for the police

And yes, I HAVE paid bribes... Its just another cost of doing business...

Jack

 

[Jack London]

More info on actor or model releases

More info on actor or model releases

http://www.danheller.com/model-release.html

jack

PS yep...a model is pretty much the same as an actor