The Clearance - Video / Audio Clips document is used to obtain permission to use clips from video or audio footage that includes one or more people. The party who will receive permission to use the footage and be released from liability for the use of the footage is the "Released Party." The person whose picture or voice has been (or will be) recorded and used is the "Recorded Party." In general, the use of another person's picture or voice is permissible if the recording or filming is obtained when the person is in public or if the use is for the purpose of reporting news. For example, a television station does not need to obtain permission from members of the crowd when televising a sports event or filming an accident scene. However, if a person's picture or voice is recorded in a setting where the person expects to have privacy, use of the recording may violate that person's rights. If the persons in the recording are celebrities or other famous individuals, their images or voices may be valuable. In such cases, use of the recording without permission may be a violation of their rights of publicity. In some instances, the use of a picture or voice without permission may even be a violation of a company's trademark rights (for example, the famous profile of Alfred Hitchcock or the voice of Mickey Mouse). In many cases, the lack of permission may not be a problem because either the persons in the footage never see or hear the footage as published, or they see or hear it and are pleased by the attention. In other cases, the publisher (e.g., a newspaper) is simply publishing the footage as part of the process of disseminating information. However, it is advisable to obtain permission any time a recording will be published or otherwise used in a public manner. If you operate an internet site that is directed at children under the age of 13 or if you know that you are collecting and/or disclosing information that personally identifies a child under the age of 13, special laws apply and you should consult your attorney. If you are using a picture or "voice" of an object, animal, or other thing that is not a person, you generally do not need to obtain a release. However, because some items may serve as trademarks (e.g., the Budweiser horses or the Goodyear blimp), you should consult with your attorney if you intend to use footage that includes such items for financial gain or in a scandalous manner. Any time that you reproduce a copyrighted work, there is a possibility that your actions will violate the rights of the copyright owner. Therefore, if you intend to use a pre-recorded audio or video clip, you should obtain permission from the copyright owner or consult your attorney. If the video or copyrighted work includes or "captures" a copyrighted work (for example if copyrighted music is playing as a soundtrack in the background of your audio tape), you should obtain permission from the copyright owner or consult your attorney]. |