QUESTION

May I use video of retirement home residents if I was promised release forms pre-shoot, but then denied release of a few residents post-shoot?

Asked on Apr 25th, 2012 on Entertainment Law - Colorado
More details to this question:
I was contracted to do a promotional video for a non-profit organization that builds wooden toy cars and ships them to less fortunate children around the globe. About 2/3 of the video features the volunteers who build the cars, but the last part features a local retirement community that the charity partnered with. A small group of residents at the retirement home take a few hours every month to voluntarily put the axles and wheels on to the cars. The charity wanted a blurb about this activity in their video, which they paid me $500 to make. When I got to the senior center and was halfway through filming, one of the employees told me I wasn''t allowed to shoot the residents faces anymore. I was able to obtain releases for some but not all of the residents. The non-profit is my client, not the senior home. I have written consent from them in an email prior to the shoot. They also want to use the video as a promo tool. If I show faces, can they sue me?
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1 ANSWER

You have to have permission from individuals to use their likeness/image under their right to privacy (publicity). These laws vary state to state, so you may have more rights in one state than another depending on the use but unfortunately you need to conform to the law of the most restrictive laws if the video is to be used around the country. The non-profit, from what you say, can't give permission to film individuals, unless those individuals had given permission directly to the non-profit. You may have to blur out the faces of the people that won't give consent.
Answered on May 13th, 2012 at 8:18 AM

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