When Do I Need a Model Release Form for a Video Interview?
The decision to produce a video interview requires careful consideration of best practices to ensure you follow all the rules so as not to get caught in a situation where you might not be able to use your footage. While release forms are common in the film industry, there are instances where you might not need a release and other instances where a release form is absolutely necessary. So you’re probably wondering, “When do I need a model release form for a video interview?”
At Beverly Boy Productions we recommend getting a model release form for any video interview that you create signed ahead of the production, as in BEFORE you shoot any of the footage! While there are some instances in which you might not need a model release form, it’s generally safest to err on the side of caution and to get a model release form signed before a video interview in lieu of facing serious opposition or challenges later on if you find that a release was necessary and you failed to get one.
What is a Model Release Form?
A model release form is a legal contract that essentially outlines the deal that was made between the filmmaker and the individual or individuals on camera in regards to the terms and conditions under which the people in the video have agreed to participate. While you might initially think of a model release form as only for “Models” or “paid talent” the term “Model” is really anyone that is filmed as part of your video, whether they are your interview subject, a paid actress or actor, or just a normal everyday person. Without a release form, signed by those who you have filmed, you could face legal challenges against using your footage or for a variety of other concerns.
When Do I Need a Model Release Form for a Video Interview?
The best way to understand when you should or should not have to have a model release form for a video interview is to outline various scenarios in which you’ll be filming a video interview and whether or not you will need a model release form under each scenario or circumstance. Keep in mind, this is not legal advice nor are we legal experts, this information is simply to offer some basic guidance on the subject and to provide an informed perspective on when a model release form is necessary for the filming of a video interview.
To determine whether a model release form is necessary, ask yourself the following questions:
- Can the Individual be Identified on Camera (ie. Is the Individual’s Face Visible on Camera?)
If you’ve filmed people, but they are not identifiable, because you cannot see their face nor can they be identified as a character or thing that is part of the film, then you may not need a model release. Naturally, if the individual is visible on camera, a release is important.
-
How is the Video Interview to Be Used?
As a general rule, you need a model release form anytime you are filming someone with the intent of using the footage for commercial gain. This includes using footage for marketing, in a movie, or if you are filming for the purpose of entertaining the public. If you’re performing a video interview under these circumstances, you’re going to need a model release form, unless you’re a news reporter, journalist, or part of TV News stations, newspapers or other editorial sources in which case a model release may not be required as long as you can prove that you are filming for educational purposes to inform and educate rather than to entertain.
-
Are You Filming the Video Interview on Public Property or Private Property?
When navigating an answer to the question, “Do I need a model release form for a video interview?” The next question you need to ask yourself is where you are filming? If you’re filming your video interview on private property such as if you’re filming a CEO interview inside an office or you’re interviewing someone inside a restaurant, you will likely require a location release in addition to the model release form, too. However, if you’re filming in a public location such as at a museum, along a famous roadway, or in a city park, rules may differ. You may not need a release, but you might need a permit to film.
-
Are You Compensating the Subject that You are Filming for Your Video Interview?
If there will be not be a payment made to the subject that you are filming as part of your video interview, in some states you would also not need a model release. However, if you want your model release to be enforceable, so that you can legally use the footage that you capture for your video interview, many states require you to also compensate the talent that you have a release form on file for.
Do I Need a Model Release Form for a Video Interview or Not?
The bottom line is that when you film a video interview you want to know that you can use the footage that you capture for whatever purpose you shot the footage for. In order to ensure that you have no legal issues with the decision to use the footage, either for commercial gain, entertainment, or otherwise, it’s best to just get a model release form prepared up ahead of the decision to film. It’s a quick process, that requires just a single signature from your talent, that can save you a ton of time and headache if you just get it done right away!