Q: If I shoot a music video for a new song in public, and regular people wind up in the recording, is that a problem?
We are planning to shoot a music video for a new song in various locations, Arizona, California, Nevada, New York. The video will be published to YouTube for the band. Normally on a set, the actors and everyone involved know they will be in the music video. However, this video will be out in public spaces (sidewalks, beaches, etc.) and various members of the public will get captured to the recording. I've read conflicting opinions, some say anyone out in public should expect to be filmed and there's no law against them appearing in the video. Others say you can't film people and use for a commercial purpose without their permission. In this case, we aren't really filming "the people" as they aren't the focus of the recording but they will be in backgrounds of what we're doing.
What is the law pertaining to this? Is there any problem filming in public for a music video even if random people are captured in the recording?
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A:
When filming a music video in public spaces, it's important to understand the legal implications of capturing individuals in the background. Generally, people in public places have a lower expectation of privacy, meaning they can be filmed without explicit consent, especially if they are not the main focus of the recording. However, complications arise when the footage is used for commercial purposes, such as a music video that will be distributed on platforms like YouTube.
In states like New York, California, Arizona, and Nevada, laws vary regarding the use of an individual’s likeness for commercial gain. While filming in public is typically allowed, using identifiable images of individuals without their consent could lead to potential claims of appropriation of likeness or invasion of privacy. If someone is clearly identifiable and the footage is used to promote or endorse a product, service, or commercial endeavor, it might be considered a violation.
To minimize risk, consider taking precautions such as using signs that notify the public of filming, avoiding close-up shots of individuals without consent, or obtaining signed releases from those who are clearly visible. This approach helps protect against legal issues while allowing for creative freedom in public filming locations. Always consult the specific local laws for each state or consider legal advice for comprehensive guidance tailored to your situation.
Jack Mevorach agrees with this answer
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