[net.legal] Photo Consent Form Request

wmartin@brl-vgr.ARPA (Will Martin ) (04/10/84)

(This has been expanded from net.rec.photo to net.video & net.legal
in the light of the amplified topic the original inquiry inspired...)

How is the photo consent form issue treated in the case of television?
I am specifically interested in the NON-news use of "candid" video
images, such have been used on late-night comedy shows from Steve
Allen to the present, where the camera is set up on the street to show
passers-by and the host makes funny comments, often rude remarks,
about the people whose images are being broadcast nationwide. Since
this is sometimes done live, there is absolutely no consent granted
by the people whose pictures are being used in this fashion.

If this usage is fully legal (and I assume the networks' lawyers
would have checked this out years ago, else it would not have
continued so long), why would there be any legal restriction for
the use of a still photograph of an unconsenting subject? If there
is such a disparity, the legal justification for allowing this
frivolous use of televised images should be an appropriate precedent
to destroy any legal requirements for photo consent forms for
still photographers, given a suitable test court case.

I also direct any lawyers' attention to a related inquiry (on net.rec.photo)
regarding photo consent forms and photos taken during overseas travel. It
would be rewarding to see legal comments on this subject posted to
any of the appropriate groups.

Will Martin

wmartin@brl-vgr.ARPA (Will Martin ) (04/10/84)

Ooops, forgot to include a point I wanted to emphasize:

This television use of peoples' images is definitely for GAIN;
thus it is directly equivalent to the situation covered by
photo consent forms regarding photos you will sell, enter in
contests, etc.

The gain involved is, of course, that the images are being
used for program material on a commercial station or network,
eventually for the purpose of selling advertising time.

Will