Under what circumstances is a release form needed for video taping?

[RonanRedstone]

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

Example:
An under 21 club has begun taping the performers so that the performers can have a copy of the show to promote themselves (post on MySpace, YouTube, etc...).

I figure the performers would need to sign a release form of some sort for their own protection, but would the people in the crowd be required to sign one as well?

 

[quincy]

Are these performers using their OWN music and lyrics?

Anytime anyone is featured in a video or photo, it is wisest to have releases signed. This is insurance against any lawsuit that might arise. If someone is merely incidental to a film or photo, however, it is not legally necessary.

A bigger issue would be over the use of the music and lyrics if these are not original to the performers.

 

[RonanRedstone]

There may be a cover thrown in once in a while, but I doubt they would be using that for publicity since they are going to want to have people hear their music. I'm not really concerned with the band's release forms - my primary concern is for the audience. It would be a royal pain to try and get 80+ people to sign proper forms coming in to the club. The second concern, is that a lot of them will be under 18, and a release would require their parents to sign (permission slips, so to speak).

 

[quincy]

What is nice about releases is that they prevent lawsuits. Without a release, an audience member may see his image on YouTube, be upset by what he sees, and decide to sue. He may not have anything close to a winnable case, but he could still threaten to, or attempt to, sue you. And you would still have to waste time and perhaps money dealing with the whole mess.

But, releases are not legally necessary if you are filming the performers and the audience members are merely incidental. It is only the odd and litigious audience member that you have to worry about - a signed release would simply eliminate that worry.