Legalities of using persons story in documentary

[Lucaswillis]

I am located in Ohio. I am working on a documentary concerning online publicity. One of the stories in the film focuses on someone who stalked another person online. We interviewed the victim of the stalking, however, the stalker does not want the story to be told. We thought we may be able to just not put her name in it, but still use the story so the interview isn't trashed, as the story is a huge part of the film. What are the legalities of using this story without her name being mentioned?

 

[quincy]

I am located in Ohio. I am working on a documentary concerning online publicity. One of the stories in the film focuses on someone who stalked another person online. We interviewed the victim of the stalking, however, the stalker does not want the story to be told. We thought we may be able to just not put her name in it, but still use the story so the interview isn't trashed, as the story is a huge part of the film. What are the legalities of using this story without her name being mentioned?

Has the person accused by the "victim" of stalking actually been charged and/or convicted of stalking?

If not, then connecting this identified or identifiable person to the stalking of another can get you sued for defamation.

Names are not needed for a person to be identifiable.

I suggest you sit down with a legal professional in your area before filming your "documentary."

 

[Lucaswillis]

The person has been convicted and charged. Does this change anything?

 

[quincy]

The person has been convicted and charged. Does this change anything?

Yes, that can make a difference. But that does not relieve you of your responsibility to handle the reputations of those in your film with care.

You will still need to stick to the facts as presented in court and court documents, without embellishing these facts.

If the content of your film does not present the convicted stalker, or any other identified or identifiable person, in a false light and cannot be seen to invade the privacy of any individual depicted in your film, and you are very careful with your facts (make sure they are verifiably true), you and your documentary will be less likely to lose any lawsuit that might be filed over its content. This will not prevent a lawsuit from arising over your film, however.

You should have your documentary personally reviewed by a professional for final editing prior to thoughts of public release. And you should have sufficient insurance coverage.

Good luck.

 

[Lucaswillis]

Thank you very much, we might cut the story to save the trouble. We will seek legal help. Thanks again.

 

[quincy]

Thank you very much, we might cut the story to save the trouble. We will seek legal help. Thanks again.

Seeking help from a legal professional in your area is always smart before investing a lot of time and energy and money into a film.

When using recognized or recognizable individuals or entities in a film, having signed releases and contracts can also go a long way to protecting you legally.

Following is a link you might find helpful for your film project now, or for film projects you consider in the future.

"Best Practices for Documentary Filmmakers" from Journalist's Resource: http://journalistsresource.org/studies/society/news-media/best-practices-documentary-filmmakers-journalistic-video-work

Good luck. And thanks for the thanks.