Re: localism
Posted: Mon Mar 18, 2013 2:59 pm
Disagree - with the first - the tribe does want to share, never seen anything otherwise at any spot on mid-south island!winddoctor wrote:VERY surprised to read this. From a surfing perspective, I'd agree with your sentiment. From a wind related one, this doesn't match my experience or many of the guys/women I sail with at all. I see the wind community here as very inclusive, especially on the windsurfing side of things (not many of us left-gotta huddle togetherolaf wrote:As a new comer to this island, i do not have the time to learn the decades of local knowledge. So the tribe (windsurfers and kiters) do not want to share?!
Makes me realize that the whole community has evolved into something i don't even recognize anymore. I have been involved in many different locations of the tribe and Vancouver Island is the most narcissist. Too bad.
"In the old days" there would be messages of 'YOU NEED TO BE HERE!!!' Now its about the how 'I' got it and 'you' didn't.
O'well, times have changed, i guess need to adapt.). It's unfortunate your experience has been the opposite.
Back on topic though, should people who are in a video you make be allowed to choose which clips you use?
Short answer is no, in my humble opinion. Would it be a respectful gesture, appreciated by the subjects of the video, etc? Yes. But unless you are in some contractual agreement with the videographer, why should you have any say as to what gets released? Are we talking about a 2 minute video of kite jumps being posted to youtube or a documentary that has a videographer telling your life story? You didn't say what kind of video you will be featured in. Are you named in the video? I believe it is perfectly within the legal rights (though not always well received) of a photographer/ videographer to photograph or film people in public places without consent. It would be a complete logistical nightmare and unreasonable to expect someone to allow you and everyone else to edit/choose the clips used for a video. Is the person profitting in any way from the video? Even if they are, they don't require your input, appreciated as it might be by you. I'm no lawyer, but I think you're out of luck from a legal perspective.
Couldn't hurt to contact the person behind the lens, get more info, and see if they'd be amenable to your input, however.
And regarding video - Pretty sure that if you profit from an image of a recognizable person and do not have release form then they can sue/collect. I have had to sign video release forms several times (obviously not for my windsurfing talents) but in meetings where video was taken for future commercial and educational usage. See below for guidelines in general. Hmmm - Wonder if Mitt Romney signed a release form for his 47%? Doesn't give you artistic/selection license on what is released so far as I know, after release is signed.
When do you need to use a release form?
Laws covering the use of images of individuals frequently differ based on jurisdiction - from country to country and state to state. While there is no absolute rule of law you must follow, there is one absolute rule of thumb:
If you plan to use a person's image for commercial purposes, you need to get a signed video release form from that individual.
There are some exceptions to this rule. For example, if you shoot a crowd scene of people in a public area, you generally do not need a video release form from every person in the crowd. By being in a public area, we all give up our 'reasonable expectation of privacy.'
However, this does not mean you can go out and shoot images of identifiable people in public, and then sell those images for commercial use (e.g., in a clip art library). If you do, this could be considered an invasion of privacy (in some states), and you could be opening yourself up to an expensive lawsuit.
Let's say you are shooting a news story of individuals in a public area, you generally don't need to get a video release form. If you are shooting video footage for an educational video showing people in a public area, and you use the footage in the context in which it was shot, you probably wouldn't need a video release form from each individual.
You will want to get a release form if you:
Are shooting a 'how to' video, and you interview someone or shoot footage of an instructor.
Are shooting video from a workshop, you may need to get signed video release forms from each audience member who appears on the video - especially if you plan to use clips of indentifiable audience members for promotional purposes.
Shoot video at a private event, within a place a business, or a home - you will also need to get permission from the owner or organizer of the event before you start videotaping, in addition to video release forms from each person you tape.
Getting a video release form signed by identifiable participants in your video is a good idea not only to protect you, but it also can make it easier to sell the rights to your video later on down the road (e.g., if you're shooting a DVD).
