I record a video in a public place and post it on YouTube, not commercially, not for direct financial gain (although yes, I could benefit indirectly from just popularity if the video becomes famous). The people are not deliberately portrayed in a negative way, and the scenes are not altered to make things appear differently than they are. The people are identifiable to someone who knows them, although I do not explicitly identify them.
I'm interested in knowing what sort of risks I'm getting into with regards to things like libel, slander, "violation of privacy" (if that's a legal thing), just from posting such a video. Obviously, millions of such videos are posted every day on YouTube, I don't know how many of them end up with such a problem, my perception is that the courts are not clogged by such cases, but I don't really know.
A public parade/carnival/event on a public street. I make a non-commercial documentary video about it, as a hobby, and post on YouTube.
Any risk from: People who happen to be fellow spectators in the crowd? People who are in the parade? Street vendors added to my video as background "color"?
I make a video strolling the busy street of a large city, taking in the whole scene, crowds, traffic, panhandlers, street vendors, storefronts, etc. During part of the video I hop onto a public bus then hop off and continue the walk. The camera is small and generally not noticeable and/or is hidden, so it is not obvious to anyone that I am doing it. I post it on YouTube for all to see.
I post a video on YouTube of a homeless person sleeping on the street. He is indeed on a public street, with no expectation of privacy. However, by posting a video of him in that situation on YouTube, am I at any risk for portraying him in that accurate, yet unflattering position, drawing attention to his plight? Similarly for anyone being portrayed in an accurate yet unflattering light, for example a drunk passed out on the street?
1 Answer from Attorneys
The pros get releases. If you are using a hidden camera, I think you are going to be asking for trouble sooner or later.