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The Mentoring Room - Ask the Working Pros

This is a Public Topic geared towards first-time filmmakers. Professional members of The D-Word will come by and answer your questions about documentary filmmaking.

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Robert Goodman
Sun 24 Feb 2002Link
I think there's a bit more room than Nina indicated. People attending
public events have minimal right to sue if they are not the focus of
the film. Merely showing someone in the crowd at an event doesn't
require a release. Everyday, the news media photographs people at
events without prior notice or releases. You do need a release if you
isolate someone in the crowd or in the case of construction example
which is not a public event (demonstrations, sporting events,
political rallies, performances in Central Park). There is also the
rule about identifiability. The person in the crowd must be clearly
recognizable and on screen for long enough for someone to recognize
them. The other issue that comes into play is what you say about the
images or the purpose to which the images are used. No one sues
because you shot them unless they happen to be there with someone
else's spouse or use the material to illustrate something contrary to
why they were there in the first place.

So, photograph someone at a political rally for nuclear disarmanment
and use the footage as crowd support for the KKK and you will have
problems. Of course, you will have the same problem whether you have a
signed release from the person or not.

Rob Green
Tue 26 Feb 2002Link
Nina - I've done the poster thing, too. The flyers are a good tip.
I'll keep it in mind. I think the situations the *other* Robert G.
mentioned are more like what I was thinking of. Where people
are truly in *public*.

In a pinch--with interview subjects who weren't able to read a
release, for example--I've also explained what we're doing and
gotten their agreement on camera.

I'm actually not sure if that would be legal or not. Just wanted to
show due diligence.

Thor Henrikson
Wed 27 Feb 2002Link
Just to chip in on the release discussion, I recently shot at a
large tournament in Stockholm and was lucky enough to be able
to get the organizers to mention in their welcome speech that a
film crew was there and if anyone objected to being filmed they
should talk to us us directly, we filmed this verbal (bilingual)
notice and no-one came to talk to us. Hopefully having that tape
will be enough. I realize that a troublemaker could always say
that they did talk to us and we ignored them, but I feel we are
covered. At a previous international tournament our PC had to
collect over 200 signatures from participants from 10 different
countries (and languages), something we did not want to repeat
having to do.

I did learn something about shooting in airports on this shoot
that I never knew before. Apparently airports are 'public spaces'
and a location release or permission is not required to shoot
there, (although with security being what it is it is best to call
ahead and let them know you are coming and what you'll be
doing there.)

My question is, if someone is in an area considered a public
space (ie; an airport) do they have any expectation of privacy? Not
that we were shooting close ups of strangers but as our
character lined up and said his good-byes there were strangers
standing around him who will end up on screen in the
background. What would the situation be there when it is in what
is considered "public space" and there is obviously a film crew
present and working?

Ben Kempas
Wed 27 Feb 2002Link
Thor - Welcome to the D-Word. This is the public forum {LINK NOT IMPORTED},
maybe you want to post your question inside {LINK NOT IMPORTED} as
well.

You can introduce yourself in {LINK NOT IMPORTED} and post
your question in the Legal Corner {LINK NOT IMPORTED}.

Carissa Potenza
Wed 27 Mar 2002Link
I'm a recent addition to the D-Word community as well, but
thought I'd inquire of this forum:

I'm re-directing my career (after 4 years in production at MTV
News & Docs), and am tremendously interested in outreach
campaigning for social impact docs. I'd love any suggestions or
advice about this area of work, as well as any ideas of who are
the best folks to contact to find work in this field. Thanks so
much!

Doug Block
Thu 28 Mar 2002Link
Carissa, you might want to peruse the MediaRights.org website for ideas. And read the Outreach salon we did here recently {LINK NOT IMPORTED}.


Carissa Potenza
Thu 28 Mar 2002Link
Thanks, checked them both out already, & they're great
resources!

Jesse Turner
Mon 6 May 2002Link
Hello

This is Jesse Turner, I'm a film student in Victoria B.C. I am
looking for everyone's personal definition of the "documentary". If
it isn't to much trouble I would really appreciate it if you
contacted me with your full name, an e-mail adress, and your personal
definition (please don't be afraid to be unique and poetic, though
you don't have to.) This is a study I am doing, your work will NOT be
exploited, I am just a very curious individual looking for a
proffesional opinion on the subject. Thank you for your time and
considerations, I am eager to recieve this information and look
forward to becoming closer to this community of brilliant individuals.
(I also think that this topic would make for a good conversation).

thank you.

please send name, doc-definition, and e-mail to james_pare@shaw.ca

Ben Kempas
Mon 6 May 2002Link
Please don't double-post. Most of us do read all topics. Thanks :-)

Doug Block
Mon 6 May 2002Link
My definition of documentary is pretty loose, since I love docs that
stretch the form and blur the line between fiction and non-fiction.

I guess I'd define it as, hmmm... I think I better think some more
before I answer ;-)

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