OT: Display of personal image on DVD in Spain

NickHope wrote on 11/3/2005, 8:34 PM

I'm licensing my DVD to sell with newspapers in Spain.

The DVD contains lots of divers, most of whom would be difficult to conclusively identify because of the scuba gear. But it also contains some shots of people on the surface setting up dive gear and so on. I never obtained a release from any of these people to display their personal image in my productions and I would not be able to find them to get one.

There have been threads here before about this issue in relation to broadcast in the USA etc., but how about the law in relation to a DVD sold in Spain? Should I be worried?

Thanks,

Nick

Comments

farss wrote on 11/4/2005, 12:46 AM

Do you think they'd have objections because of some belief or cultural values?
Were they aware they were being filmed?
Were they there for much the same purpose as what your video is about?
Probably none of this means much in a legal sense but if they're just part of the landscape and there's no ethical reason for them not to be in your video I can't see them having any objection. Of course the right thing to do is ask beforehand, simplest thing I've done is to shoot them not objecting, once you ask people to sign forms things get complicated.
Bob.

NickHope wrote on 11/4/2005, 7:02 AM

Thanks Bob. I can't see any reason why any of them would object. And to be honest I can't imagine any of them ever even knowing they are on a DVD sold in Spain. I'm just dotting my "i"s and crossing my "t"s.

Nick

Jay Gladwell wrote on 11/4/2005, 7:28 AM

Should I be worried?

Maybe not "worried," but you should cover your backside in any event. Never assume anything, especially when it comes to what another individual may or may not do. The almighty dollar has and will continue to bring out the worst in people. All it would take is one disgruntled diver to think you slighted him to shut down your distribution.

If it were me, I would get the releases (make it a habit), then you're certain!