Filmmaking / Directing : Release Forms for a Documentary by Socorro Jones

Whenever possible you should try to secure written releases. Granted, there is a concept in journalism that extends to documentaries of "implied consent" that can shield you from most litigation even without written consent, but it is not as all-encompassing as a signed release. The gist of implied consent is that the interviewee is clearly fully aware of being recorded and then continues to make statements or perform behaviors which are then recorded. This does not shield you from libel or defamation in the rest of your documentary if you damage another party, interviewed or not by making false or unwarranted accusations/claims.

This can include airing someone's dirty laundry that is not within the public interest as well as putting the welfare of minors (including their emotional status) at risk. Minors should always be supervised by their parent or guardian and written permission to interview obtained from that legal authority.

Most people will eagerly sign a release for the chance to make a statement or share their opinion, so I wouldn't worry about losing an interview by asking for a release. If they won't sign one, but their public utterances are important for you to include, you are most likely safe to do so as long as your documentary is both in the public interest and is presenting factual truths. In court, the burden of proof will be on the plaintiff to prove you are doing harm through false statements or in matters in which the public has no abiding interest that defame the individual. As long as you are telling the truth and it's a story that's important to bring to the public, you should prevail. You may still get dragged into court, but you'll win if you stick it out.

Be aware that in journalism, as in life, wire tapping and secretly recording conversations where an individual has a right to expect privacy is illegal.

As in anything, consult an attorney before proceeding.

Good luck.

Taking notes David Trotti Great info.

If you're interviewing them, whether it ends up in the final film or not, get a release, just have it worded appropriately.

It's better to have it and not need it than to need it and not have it. I always have everyone sign releases whether or not I think I'm going to use the footage.