Just a quick note about Right of Publicity...

The most overlooked issue in video marketing is the right of publicity. This right relates to a person’s ability to control whether and how his or her name, likeness and voice are used. In order to avoid right of publicity disputes, OPV requires all persons appearing in our videos to sign a release granting OPV the right to use that person’s name, likeness, image, etc. in connection with the recording, display and distribution of the video.

Copyright law also plays a major role in video marketing. In many cases, the person who actually creates the video is considered the work’s author and the owner of its copyright. In fact, everyone involved in the creation of the video, including the script writer, the director and the production crew may own a portion of the copyright in the finished video and possess the legal right to determine whether and how the video can be used.

This issue can be avoided by having all persons involved in the creation of the video sign a work-for-hire agreement before production commences. These agreements are written contracts which specify that entity which commissions the video owns the entire copyright in it.

By employing these basic measures, we can avoid many of the legal issues raised by video marketing.

OPV requires these consents in writing. That is because some states do not recognize oral consents even if the consent is recorded on video. Everyone appearing in a video will need to sign the release below, regardless of whether you are an employee, family or a friend. That way, if you, the actor, has a change of heart after the video is taped or after it begins to be displayed, we are both protected.

Thanks to Attorney Mark Rosenberg for content from his article at FeedFront Magazine