Here’s a 3-minute video interview with Colette Vogele, an intellectual property attorney in San Francisco, regarding whether video producers and video bloggers need to obtain a right of publicity release form from the subjects of their videos if they plan on using the video commercially. For many purposes online, nonprofits fall into the “commercial use” category. And a blogger who places ads on her site may be considered a commercial operation.

Colette also offered these written observations about the rules around capturing performances in public. California in particular provides additional protections that give the subjects of videos a right of publicity.

The contract can go by many names: publicity release form, model release waiver, legal release form. See the model release form for video producers on our site and tailor it to your organization or project as you’d like.

The interview was conducted at a video conference at which Colette spoke about these issues in June 2007, and the interview was uploaded to the Internet Archive.

Related

• Model release form for video producers and photographers and printable model release (Socialbrite)

• Guide to shooting photos in public (Socialbrite)

• Your rights as a photographer (Socialbrite)

• What is off-limits to a documentary filmmaker? (Socialbrite)

• Podcasting Legal Guide: Rules for the Revolution (Socialbrite)

• Socialbrite legal resources

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