QUOTE(BuckWild @ Nov 9 2005, 03:11 AM)
If someone punches you in the balls or is a willing participant in a show, or even if the show was in a backyard if they were participating in stunts do I need to have them sign a release, and if I can't track them down is there a big problem with trying to sell footage of them if they were former members of tpm??
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Im gonna make a thread about this cause its asked way too much.
What youre talking about could result in a law suit. Thats civil law, not criminal law. Absolutley no criminal punishment could be applied to you for not getting a signed release form.
So then it comes down to whether the kid has a case, and the money to hire a lawyer. Most lawyers would not take the case on for free on the basis that if they win they get paid. Using someones likeness without consent isnt usually a slam dunk case because they law varies and is vauge.
From what I do know, the law is in your favor if 1 of the following things occur during the time of recording.
1.) They are in public
2.) They are on your own property, in a room or area that one cannot expect privacy.
3.) They are involved in a newsworthy event/action.
4.) They are not completely recognizable in the content used. IE, wearing sun glasses and/or a hat, or the quality is really poor, or it is filmed from a distance or bad angle, etc.
Thats all I know. Even if he/she wasnt doing 1 of the things listed above, the odds of them successfully suing you over some underground video are next to none.
HOPE THAT HELPED.
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thanks man!!! that helped greatly, I think our whole video is poorly filmed and at bad angles and in dark scenery and always at parties, so yeah I think I am good, and the people are cant sign a release are rarely seen and most of the time you can't see their face in most cases
