Q: background actor won't sign release form for video?
WE were shooting a scene with an actor in a bar who was playing an extra, he agreed to be in the video and as we ran out of release forms we agreed to send him a copy via email. Days later he had a change of heart about signing and contacted his lawyer that he wants me to talk to directly in regards to the matter and flipped a 180 in how he is handeling the situation .
Now the background actor is in ONE shot blurry and out of focus, his face is not recognizable just a blurry outline of him in the distance. does that constitute ground for the production being sued? does he have a ledgitimate stance?
PLEASE HELP
thank you
A: I practiced intellectual property law for several years. The general rule is that if a person in the background of a movie scene is unrecognizable, they probably cannot sue for anything. However, the company's promise to send him a contract complicates matters somewhat, and could come up in Court as question of fact. He could sue the company, but I don't think extras make a whole lot of money, so I don't think he would collect very much. I would offer him, or his attorney, a two or three hundred bucks for a signed release by both parties. If he wants to sue, he is probably not going to get much. If he were George Clooney, that would be another matter. Good Luck.
A: So long as the actor is not recognizable and you are not using his speaking voice, you are fine. If he's not completely blurry, you can request that your post team blur him out even further.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
