Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Right of Publicity: When You Need a Release Form

Author: Scarinci Hollenbeck, LLC

Date: November 20, 2015

Key Contacts

Back

What is the right of publicity?

Movies are typically not shot exclusively on private sets, and if they were, they likely wouldn’t appear nearly as realistic. However, shooting in a public setting is often accompanied by certain legal requirements.

When a production team chooses a public setting for a shoot location, they are typically implicitly opting to include people in the background of the shots – individuals who have nothing to do with the film, and are going about their everyday business. These people didn’t decide to appear in the background of a movie, and may not even be aware there is one being shot until they are on location. Everyone – even the people walking on the street who have nothing to do with the film – has what is called a Right of Publicity. This means they have the right to control how their names and likenesses are used.

Right of publicity: when you need a release form, and when you don’t

In terms of the right of publicity, this is the realm where signed release forms come into play. At times, when shooting in a public place the team will have to ask individuals in the background to sign a release allowing their likenesses to be used in the film. However, this isn’t always necessary. There are a variety of factors that come into play. When determining whether a right of publicity release is necessary, ask these questions:

  • Did the individual appear in a meaningful way – for example, was his or her face in the shot?
  • Does the person speak in a manner that is clearly audible to the audience?
  • What sort of commercial use is the film intended for? Or is there more artistic purpose than commercial?

If the answer is yes to the first two questions, then typically you will have to obtain signed release forms. However, if the film isn’t quite intended for commercial use, the appearance of the individuals could fall under free speech or press protections – think news crew shooting in a mall.

The location question

Also important, is how public the location of shoot is. The less the average individual would expect any degree of privacy, then the less likely it is that will have to ask people to sign release forms. However, the more private an area becomes – such as private property open for public use – the more you may have to think about asking people to sign release forms. Central Park versus Madison Square Garden, for example, are very different in terms of ownership and degree of privacy. No one would rightfully expect privacy in an open space in Central Park, but shooting a film in the Garden may require signed releases.

One way that production crews can ensure the right to shoot in a place that may lean more toward the private end of the spectrum is to post clearly visible signs at entry points, notifying individuals that if they enter a given space they are consenting to being filmed, and as a result, to their likenesses potentially appearing in the movie.

If you’re curious about whether or not you need a signed right of publicity release form for shooting in a public or private location, speak with an experienced  for advice.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now post image

A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]

Author: Sean M. Pena

Link to post with title - "A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now"
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses post image

Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]

Author: John D. Giampolo

Link to post with title - "Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses"
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"
Estate Planning for Digital Assets Under New Jersey Law post image

Estate Planning for Digital Assets Under New Jersey Law

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]

Author: Marc J. Comer

Link to post with title - "Estate Planning for Digital Assets Under New Jersey Law"
The Role of Representation and Warranty Insurance in M&A Transactions post image

The Role of Representation and Warranty Insurance in M&A Transactions

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]

Author: George McGowan

Link to post with title - "The Role of Representation and Warranty Insurance in M&A Transactions"
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: Sean M. Pena

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!