RE: Fair Use/Short Clips

Stephana Colbert wrote:
>

<snip for brevity. Having to do with video clips in a media production>

I will leave your first question to someone a bit more knowledgeable on this subject  

However...

> Second part of the question is a bit more basic, but I am curious to
> know if there is a uniformity of response/opinion. In the same
> product can footage taken by video center personnel of people in
> public places be used without their consent? For examples, they have
> recorded people while they were smoking cigarettes at the pedestrian
> mall. These visuals are used while the narrator is explaining issues
> surrounding smoking, e.g.,.,., health effects, nicotine effects, etc.

When personnel in a media production facility are assigned to obtain footage there are certain things that must be done first before footage is taken.

1. If you are going to interview someone or there are a few individuals that appear in your segment, they must sign a release form before you can capture their appearance on film.
2. If footage is to be taken in a high traffic area (mall, amusement park) arrangements should be made to let people know that if they enter the area during filming, they are agreeing to be included in the footage. Another words they choose to be in the area while you film crowd shots, etc. EX. You go to an amusement park to get footage of the new rollercoaster. After arrangements with management are made, a sign at the entrance says that admission into the park today gives implied permission to be shown on a local program, or something similiar to that.

In both cases above, permission is required and both parties understand what is expected. In your case, making sure that the mall management is aware of filming and setting up a sign to let people know that filming in a certain area is proceeding should cover you. That is, as long as the people who decide to walk into that area are aware that if they see themselves on tv later, they have no recourse because being in the filming area constituted implied permission.

I have an article somewhere about this. I will see if I can dig it up.

Mike
TU

Mike Nobles
<jmn[_at_]vax2.utulsa.edu>

*opinions expressed by me are my own and not neccessarily that of the University of Tulsa. I am not a lawyer. Legal advice should be obtained by a professional lawyer.* Received on Fri Apr 26 1996 - 13:55:28 GMT