Privacy issues

[kami]

What is the name of your state (only U.S. law)? Indiana

I shot some video on private property that is open to the public(for a fee). I have written consent from the property owner to film there.

Being open to the public and outdoors there is absolutely no expectation of privacy so my question is would I need releases signed by all the people who ended up on film to use their likeness?

The finished video will be sold.
No-one would be portrayed in a bad light but I don't want to risk lawsuits because someones face was onscreen for 2 seconds. Every person there knew I was filming(and most knew why).

Thank you for any advice
I'm pulling my hair our worying about this

 

[quincy]

Movie makers often use extras in their films so that they can obtain releases prior to shooting, to avoid any chance of a lawsuit from someone pictured in the film. Even photojournalists and documentary filmmakers will attempt to get releases from those filmed, even when they have a pretty solid defense of "newsworthiness."

If people who are pictured in your film are only "incidental" to the film, however, there is no legal requirement, and generally no real need, to obtain releases.

There are times when releases are important, however. If you interviewed someone in your film, or you concentrated your filming on a specific person or person's activities, then you would want releases from these people. Obtaining releases from those appearing in your film can also make it easier to market your film. No still shots can be taken from the film to use in the advertising of the film, for instance, if the stills are of identifiable "actors," unless you have releases from those pictured.

And, finally, some distributors will insist that there are releases from anyone who is identifiable in a film, to protect against a lawsuit.

The written permission you received from the property owner to film on the property is a vital permission, and you were wise to get it in advance of filming.

I do want to say that anyone can sue for pretty much any reason at all, and there is no way to protect 100% from that. This is why many filmmakers will take out insurance to protect against legal costs should the odd suit arise.

In addition, although you filmed in a place where there is little expectation of privacy, there are some "public" moments that have been considered an invasion of privacy by the courts (ie. a skirt blowing up in the wind, using an ATM machine...).

But, other than the slight possibility of some person whom you captured on film objecting to their appearance in your film enough to sue over it (with very little chance of winning), and the greater difficulties you may find in the marketing, advertising and distributing of your film, you probably won't have too many problems if you did not obtain releases from those who were merely incidental to your film.