I've got a problem. A key person in my documentary on New Zealand politics sat down to do the interview but refused to sign the release form. We did the interview anyway. On camera, he gave us permission to use the interview in New Zealand's Film Archive and for Online Streaming – unedited – but would not sign the contract.
He's a public figure and it shouldn't be a problem – I don't he'd sue us, but I can see how this can scare off distributors.
Here's what I'm thinking about doing. The problem is not permission to use his words. It's journalism – and so long as he is quoted accurately, it's not a problem. The problem is using his voice and image- the talent release, as it were.
That says to me that my best option, if I want to use him (and he's so key I kinda have to), is to buy a Getty Images picture of him, dump that on the screen, and hire a voice actor to say the exact same thing he said the same way he did during the interview. Because I have permision to use the unedited material online, people can see that the quotes are accurate.
The way I think this would work, artistically in the film, would be to shoot footage of a NZ flag, and have a scrolling screen with a stentorian voice reading:
"Mr [...] was willing to sit down with us for an on-camera interview but was not willing to sign a release so that we could use his voice and likeness in this movie. Because of that, his voice has been reenacted in this documentary.
Those interested in seeing the original footage can go to the New Zealand Film Archives Reference # "X", or go to "www.youtube.com/X" – both of which Mr. X has given permission for."
What do you think?