Wed 25 Sep 2002
I'm not an entertainment lawyer (okay, disclaimer out of the way)
but... personal releases are less about fear of lawsuits and more
about the need to get Errors and Omissions insurance, which any
broadcaster or distributor would want before taking on your film.
If someone sues, it's more likely they'll come after the one with the
bucks, not the poor indie docu filmmaker.
Sure, it's safer to get as many releases as you can, particularly if
they say something on camera. Or, if it's a sensitive or
controversial situation. But, generally speaking, the main concern of
the lawyers scrutinizing your film is do you have the releases of the
featured people in your various scenes.
In crowd scenes, I don't worry too much. Am I 100% guaranteed to
pass the E&O test? No. But, I calculate the slight gamble against
the knowledge that it's impossible for me to get everyone's release.
As a fallback, in post-production, you can always fuzz out the face
of those people in crowds you didn't get releases for.