if one or more people are engaged in a perfectly
legal activity, would it be logical to assume that it
would be o. k. to video the activity, in or on your own
private property as long as the people being videoed
consented and / or were aware of it ?
if you are aware that an activity is perfectly legal,
would there be any reason to question it ?
1 Answer from Attorneys
The real question is, what is the purpose for which the videotape is being made. There are various forms of consents/releases for these purposes. But the consent/release must cover what if anything will be done with the tape including but not limited to how it might be edited as well as what the intent is for distribution if any, and whether there will be any compensation for those giving the consents/releases. Especially if there is any intent to use the product for any commercial purpose, I would strongly urge obtaining written consents/releases. Finally, no consent/release will protect you from certain uses such as fraud, misrepresentation, libel and/or slander.
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