What to Know Before Distribution
Gretchen Siegchrist, about.com’s guide to video has some great tips on what to do before you publicly distribute your film or video.
Get participants to sign releases
Anyone who speaks on camera, or whose name you use, should sign a release giving you permission to use their image. There is no standard release; do a Google search for “appearance release” and you’ll see a many examples currently in use.
Some releases are comprehensive, and some are simple. The type you use will depend on your production.
Generally, if your video will be widely seen or will make money, you’ll want to be more careful in drafting the release. This will better protect you if anyone objects to the content of your movie or claims a share of the profits. If you are concerned, talk to an attorney.
Releases from incidental participants
Anyone visible in the background of your production should also sign a release. If someone doesn’t want to sign a release, it’s best to blur the person’s face.
Often, in a crowded scene, producers will make an announcement or post a notice effectively stating that by entering the area people are agreeing to be taped. This happens at concerts or sporting events.
Again, if you have any concerns about this, speak to an attorney, preferably before you start shooting.
Releases from locations or business
If you are shooting on private property, get a release signed by the owner or property manager. This is most applicable if it is an place of business, such as a restaurant or store, rather than if it is a person’s house. The more identifiable the place is, the more concerned you should be about having a release.
Copyright clearance for music and video you didn’t record
If your video contains any music or footage that you didn’t record, you must obtain the copyright to use it. For example, putting a Madonna song or a clip from the Daily Show directly in your movie is a clear copyright violation.
Even if you are using stock footage or stock music for which you purchased copyright permission, make sure that it covers exactly how you are using it. Often there are restrictions on where and how you can use the footage, and on how you need to credit the original creator.
Copyright for background music and video
Even if you don’t intentionally use copyrighted material, you need to watch what pops up in the background of your video. If you record footage of someone listening to a Madonna song or watching the Daily Show, you are still violating copyrights. Even recording someone wearing a Mickey Mouse T-shirt could be a copyright violation, whether or not Disney chose to enforce it.
Clear everything with an attorney
The best way to make sure you aren’t violating copyrights is to check with an attorney. Find a lawyer to review your releases and help you obtain copyrights to material you don’t have permission to use. Again, the more popular and profitable your movie is, the more problems you’re likely to run into with copyright issues.
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