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Re: Need permission to record Public Events?

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Bill Davis
Re: Need permission to record Public Events?
on Aug 2, 2018 at 7:50:48 pm

After decades in this business, I WISH there was a single rule that covered all this stuff - but it's just not that simple.

There are overlapping laws and rights involved. Privacy rights, Intellectual Property (IP) rights Tangible Property rights (I created this thing and you have no right to show it in your video with my permission), Design rights (that unreleased outfit is MY fashion work - you can't use it to promote your photography without my permission), Performance rights (You want to make money with a 1 man show of my poetry?), Music rights of various types including composition, performance and synchronization variations.

This stuff is argued over in courts all the time. Does a regular person attending a public event have a "reasonable expectation of privacy?" What if they're a celebrity? What if they're a minor?
It gets sticky.

Generally, as Mark notes, if you're at an "open to the public" event, on public property, and aren't overly focused on a single individual too much - the overall industry general pracice is that you're fine. The copyright to any creative work (the photo or video) is yours as the original creator. But, if there's obvious background music playing, art of architecture that's identifiable as someone elses IP, or if you follow a single person doing a unique performance around - then things get a LOT stickier.

The reason pros get releases whenever we can is that that release becomes an AFFIRMATIVE DEFENSE should the party decide later to try to allege that their contribution to your IP work rises to the level of contributor including rights to profit from the work.

The law doesn't particularly like ambiguity. I shot you, but you signed my release, so I now unambiguously have the rights to use your image in my creative work - THAT is legally clear.

Hope that helps.

Creator of XinTwo -
The shortest path to FCP X mastery.

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