For example i wanna do YouTube videos like do cringey stuff in public and have someone record me and capture the people around reactions , but is that legal ? Would i need consent from every single person whose reaction was captured to post the video ?
Not just consent, WRITTEN CONSENT. If your video is for commercial use then you need a release form or blur out their faces to make them unidentifiable. Bring a pile of Releases to your shoot. Be polite to the subjects and thank them for participating in your short film.
Section 50 of the New York Civil Rights Law makes commercial misappropriation of a person s name or likeness a misdemeanor. It creates a cause of action in favor of "( any) person whose name, portrait or picture is used within this state for advertising purposes or for the purpose of trade without * * * WRITTEN consent". Section 51 of the Civil Rights Law also authorizes a civil action for injunctive relief and damages against a party who violates section 50. You can be forced to take down your video and be forced to pay damages.
Yes I agree with the other answers that you definitely need consent from any people featured, there are usually two ways to get a person's consent to be filmed. One, take a location, say a bar for instance and get written permission to film there, and also then post all over the place that people who enter submit to being filmed, and anyone 'featured' get them to sign a consent form as well.. Second, is to have a written consent release that you get anyone featured to sign. Yet the BEST technique is to hire an attorney to work with you, not all attorneys are prohibitively expensive for releases like these, and you definitely want to make sure you do it right if you plan on publishing or profiting from the videos you make. Good Luck!
This answer does not constitute a legal consultation, or definitive answer, nor does it establish a lawyer client relationship. Each case, controversy, or situation is factually different and requires particularized evaluation.
Are you going to keep asking this question until you get an answer you like? You cannot use a person's name, image or voice for commercial purposes without consent. And, yes, posting a video on Youtube is a commercial purpose.
Yes, you need written consent. Have a release ready for them to sign on the spot.
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