Documentary waiver forms

[tj1182]

What is the name of your state? NY

I'm looking to make a documentary about my local sports team (NY Mets) and I was wondering do I have to have everyone that I film sign a waiver form? If so, can I write one up myself? Also, do I need permission from the NY Mets?

Thanks.

 

[quincy]

It is wisest to look on all filming of people as lawsuits waiting to happen.

Documentary filmmaking does not require waivers or releases. The First Amendment has a "newsworthiness" privilege. This privilege extends to all information judged to be of legitimate concern or interest to the public. What is weighed by courts in any decision based on newsworthiness is a person's individual right to privacy or right to publicity versus the right of the public to be informed.

That said, if you do not obtain permission to film, the New York Mets may limit your filming or try to prevent it entirely. They may also sue over trademark infringement, over publicity and privacy issues, and for defamation, and over and for a whole host of other things. Anyone else appearing in your film is also able to sue over privacy, publicity, and defamation issues that present themselves in your film. Documentary filmmakers, as do all wise filmmakers, take out insurance to cover the number of possible lawsuits they are at risk of facing when they pick up a camera and aim it at a person.

To avoid potential suits, you can certainly try to get permission to film and you can try to obtain releases from all of the people you film. I am not at all sure the NY Mets will grant such permisson, however, unless they are also given the rights to review and edit all that is filmed - which will make your documentary more of a publicity piece for the Mets and less a documentary.

You can find sample release forms to copy, and forms for downloading, online.

Bottom line: It is up to you whether you seek permission and releases from the subjects of your film. You should probably go over your plans with a lawyer prior to filming to get a better idea of the pros and cons of filming a team such as the Mets with permission and without, and you will definitely want to have an attorney view and review your film when finished and prior to any public showings.