Q: Do I need a consent form from a stranger to show them in a monetized YouTube video?
I'm planning on making YouTube videos in which I record conversations with people in public places (with a cashier, waiter, person at the park, etc.) and then use that clip to help teach people English by explaining the meaning of what I and the stranger said. My YouTube channel is monetizeable, so YouTube could play ads before, during, or after the video and I would get paid a portion of that.
I am thinking of having a mic under my shirt and a hidden camera so it is a real conversation.
1. If I blur the person's face, do I still need to ask them for permission?
2. If I want to show their face, do I need a written consent form, or can I just get their verbal consent on the recording?
3. Do I need to edit their voice too, or can I leave that as is?
Thank you so much!
A:
A signed release is always your best option. Depending on your location, you could be dealing with privacy laws AND publicity laws, and a failure to obtain a signed release could expose you to serious civil liability. Given the purported nature of your videos, I would imagine participants would have little issue with signing a release.
As always, speaking in detail with an attorney in your area is the best solution.
Erik Špila agrees with this answer
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