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Author Topic: Advice needed on venue reference footage Leo Enticknap Film God Posts: 7474 From: Loma Linda, CA Registered: Jul 2000 posted 02-12-2014 10:56 AM                        quote: Carsten Kurz IF individuals are featured in any special way, you have to get their permission. This is common law in germany. If a recording is made in the first place, "performers" (the definition of which varies in different EU countries' copyright acts) have the right to control what can and can't be done with their image. That is statute law throughout the European Union. If German common law says something different, then this EU directive overrides it for as long as Germany remains a member of the EU (equivalent to a federal law invalidating a state law in the US). The act which triggers these rights initally is the creation of the recording (article 2), not its publication (covered separately in article 3). quote: Carsten Kurz Frankly, I wouldn't know why this should be evaluated by a lawyer. To "CYA" as one would say here = "cover your ass". I think I'm on safe ground in saying that in the US, the law places a far greater emphasis on individuals taking action against each other than the state taking action against individuals, which is really the opposite of the European tradition. For example, if there was a major disaster in a British theatre that caused lots of injuries and was the result of serious negligence, the victims would expect to be helped by the government-run healthcare and welfare systems, and for the Health and Safety Executive to hold the business to account. Here, they would have to rely on their own health insurance (and other contingency planning) initially, and then they would sue the business themselves. What I'm guessing Manny is pointing out is that unpredictable things can happen, with lawsuits resulting from them. However, if you have taken professional legal advice before embarking on a project to the effect that what you are doing is OK, then either it really is, or if that advice turned out to be wrong, you can go after the advisor (reputable lawyers are insured against that happening). So getting the professional advice at the outset is basically another way of insuring yourself.  |  IP: Logged Frank Angel Film God Posts: 5305 From: Brooklyn NY USA Registered: Dec 1999 posted 02-21-2014 09:44 AM                        Regardless of the legal issues, and I do believe there are plenty with respect to the presumption of privacy when a patron enters an establishment, but beyond that, what kind of a PR blunder would it be if it got out that the management of a theatre had given permission to a third party to capture images of his patrons (faces recognizable, I presume, yes? You are not videotaping the backs of their heads, right?) for data-gathering/experimental purposed without specifically informing them that this was taking place? Doing it without their knowledge, should it ever leak, would be a PR disaster of the highest order. I can guarantee that this is a blunder no theatre owner or manager should even consider making. The ill-will it would generate would be catastrophic and probably have incredibly long legs. Not to mention the potential lawsuits. If you think there would be no cause for lawsuits -- lawsuits are filed with barely any cause all the time; this kind of thing is ripe for them. The way this needs to be done is a theatre needs to be rented out for the experiment and ads placed for an people who are invited to see a movie free and TOLD that they are going to be videotaped for research purposes. You can coat that however you want and however you think it will sell, but tell them you must. They get to see the movie for free, but they KNOW about the image capturing and by walking into the theatre they are electing to participate. If you think their knowing will skew the results, you need to devise an experiment that tricks them about the purpose for capturing their images, but still giving you the data you are looking for. This is done all the time with well constructed behavioral tests. Bottom line -- doing it on the sly, at least where the theatre owner is concerned, would be total folly.  |  IP: Logged

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