release -- individuals who, by virtue of their public standing are, in
fact, a sort of public property. Government figures would fall into
this category, sports stars may or may not, recalcitrant famous but
reclusive authors probably not, and the list goes on. It is a tough
line to draw - and a harder one to defend in court.
In addition, say you are filming a public person in an event and there
are other "non public" people walking around in front of your camera
and you capture them on film - you can't use them without a release -
even if the focal point of the shot is on this "public person."
But I have a good, and legal, solution to this provided to me by my
very excellent entertainment attorney, which I have been using for
When we are filming in a public arena - an event, a stadium, a crowded
room, a construction site, etc - at the entrance - on a large poster
board - we put up a notice that entering into this space implies
release by all who choose to enter. You shoot that sign with people
reading it (as evidence that it was placed in a location where people
can see it) and you are in the clear.
Sometimes I also put flyers in plain site that people can pick up and
read that lets them know what the film is about and who we are. This
helps to keep questions to a minimum so I and my crew can focus on our
Similarly, I have recently shot in concert locations and have had an
announcement come over the public address system reminding attendants
that we are shooting and we film this announcement as evidence of
informed consent as well. You must be able to show due diligence in
letting people know that the material you are shooting can be
considered for public consumption and that, as individuals, they may
be put on the screen.
But you must attend to these legal details or you can have both
problems with distribution and worse, you may end up invading the
legitimate privacy of individuals who do not wa