Ok here is the story, Right now on HBO they are showing documentaries about addiction.
I received a call telling me I was on camera in on such film. I am being interviewed by a guest at a party as lark over 20years ago for approximate 10 seconds. I did not sign any release for this to appear in a movie and was not notified of its inclusion.
Is this legal? Do documentaries hold a special place regarding the need of a signed release?
I am not shown in a light I would have chosen. It is at a party where much alcohol was being legally consumed and I was about 19 years old. I would be fine with it as a home move but not a movie in every home in America.
I am not trying to be a jerk here but the person who made this film knows me well, and I still live in the same town with the same listed phone number it would have been no effort to call me to get permission.
I know I’d be upset were I in a similar situation.
I’m even worried about appearing in somebody’s YouTube clip whether or not I was being shown doing something silly or embarrassing. I was worried a Christmas or two ago when the grandkids all got cell phones that take pictures and movies. One of them asked me to make a face or something, which I did without giving it much thought. It dawned on me later that the kid might upload that and send it to some friend who might turn around and post it on one of the “Stupid Videos” types of websites.
Surely you’ve seen the cell phone commercial where some kid is doing a funky dance in his kitchen while somebody is taking his picture with the cellphone and he winds up being shown on the big screen in Times Square, all over Asia and other places around the world where his image is being transmitted.
I personally think this is too close to the Big Brother thing of 1984, and it bothers me a lot.
Generally, if you’re photographed on private property (eg/ in a house) where you have a reasonable expectation of privacy, they usually do need some kind of release before distributing the image(s) commercially. (It’s different if a journalist photographs you or films you out on the street, in public, where you have no reasonable expectation of privacy).
You should check with a local lawyer. If the documentary is in violation of privacy laws, you can get an injunction preventing them from releasing or broadcasting it again until images of you are edited out.
I, for one, am interested in hearing how this turns out, MrPeabody.
Not to be cynical, or anything, but have you considered how much money it would take for you to be okay with it? Because I imagine that, unless they try to intimidate you out of doing anything (probably their first move), their next will be to ask you how much. I have no idea how much it would cost them to have to re-edit the show (including all the various versions – foreign language, DVD masters, etc.), but I expect they’d rather give you money to go away.
I have thought about the money issue for a bit. For some reason the figure $10k comes to mind. Its a large number but not one that would destroy a films profits.
It would take that much for me to even mess with this.
I know the major players signed away their rights for much less, say $3k but that was before anyone knew it was even going to be a film, much less play everyday on HBO.
Major players being the people in the rehabs or the people being interviewed in their homes?
I do part time work for a local rehab, I work mainly with alcoholics of all ages. This documentary you speak of on HBO is wonderful. Just in case you were wondering what professionals in the field think of it. We love it. It is doing the job it was meant to do. Making people who are entering recovery see that there are success stories for everyone. Making them aware that life is not a box of chocolates, that life requires work, and for those of us in recovery this film illustrates a great point for all of us. It was hell getting to where we are but we’re happy to be here sober.
I hope you do not hold any ill will towards the films, and if you are in them, at a party some 10 years ago…what are you worried about? Not being told you would be in a documentary ten years later? Suffice to say, the films are doing a lot of good for a lot of people. I hope you can take that into account when persuing legal remifications for your appearence in the films.
Phlosphr, what you say is all well and good, but if, as the OP said, the filmmakers know him personally and could have gotten in touch with him, and if he appears recognizably in the film, and appears in a light that a reasonable person might object to, the filmmakers were incredibly sloppy in not getting his permission in advance. Especially if other people in the film were paid for their appearance. Frankly, I’m a little surprised that HBO’s legal people didn’t require signed releases from everyone who appears in the film as a condition airing it on their channels.
MrPeabody, IANAL, but your lawyer may have something to say about your posting any further on this subject. But if he lets you, I’m interested in hearing what happens.
I wonder if there is a statute of limitations on this sort of thing the OP said it was 20 or more years ago. I see the OP knows the film maker…Hmmm this is interesting. I’ll be interested to see how this pans out as well.
The statute would run from the date the statute of limitations accrued, which wouldn’t be until the documentary was published. Moreover, in many cases, a new publication creates a new cause of action.