When I had live video shot in the past, we hung large, dated signs up that clearly declared our ownership of the video. The signs also strongly suggested that anyone that did not want to be included in the video should please leave. We also had our camera crew shoot the signs right into the footage as ‘evidence’ if needed.
Here’s a video and photo release (below) you can use when you believe it really matters. Get an attorney to check this for you. Always try to get verified (check an ID) addresses and phone numbers on these releases.
PHOTO AND FOOTAGE RELEASE
Owner: (“Subject”) _____________________________________________
Subject hereby grants to (THE NAME OF YOUR BAND OR PROJECT) (the Rights Holders) exclusive rights to use the photograph(s)/ video footage depicting the Subject or any portion or component thereof, including image, voice, and sound, in the video project regarding (YOUR BAND OR PROJECT NAME) and for all advertising, merchandising or other purpose associated therewith in perpetuity and for exploitation throughout the universe, in film, video, DVD or other format. Subject acknowledges that the depiction of him/her in the Photo/Video Footage or Project may be duplicated and distributed in any and all manner and media throughout the world in perpetuity.
Subject agrees that the Rights Holders shall have the unlimited right to vary, change, alter, modify, add to and/or delete from his/her depiction in the Photo or Footage, and to rearrange and/or transpose his/her depiction, and to use a portion or portions of his/her depiction or character in conjunction with any other dramatic or other material of any kind.
The Rights Holders may assign the rights granted herein to any person or party, including but not limited to any company, distributor, successors, licensees, and assigns.
This agreement shall be construed in accordance with the laws (THE NAME OF YOUR STATE) applicable to agreements that are executed and fully performed within said State.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of this _______ day of ________________, 2009.