Likenesses and Appearance Releases
If a person is recognizable on camera, you should obtain their written permission to use their likeness in your film. This is typically done using a Release or Appearance Release Form (see contract section). This requirement applies whether the individual is speaking, acting, or simply visible in the background if they are identifiable.
There are limited exceptions. If you are filming in a public place and individuals appear only incidentally as part of a wide crowd scene, such as at a sporting event, parade, or public gathering, and no individual is singled out, featured prominently, or shown for an extended period, a release is generally not required. However, if the camera intentionally focuses on a specific person, follows them, or makes them a recognizable subject of the shot, you should obtain a signed release.
Remember that even if filming is legally permitted in a public place, distributors, broadcasters, insurers, and film festivals may still require appearance releases for recognizable individuals, particularly if the footage is used in advertising, promotional materials, or commercial distribution.
When filming in areas where members of the public may enter your shooting location, it is good practice to post clear notices informing people that filming is taking place. While these signs do not replace the need for individual appearance releases when one is required, they help notify the public and reduce misunderstandings.
A sample notice is shown below:
ATTENTION
Today there will be motion picture and still photography crews from the CalArts School of Film/Video working in this area.
Footage and photographs recorded here may become part of a motion picture, television program, website, social media content, educational project, or other media distributed worldwide in all formats, now known or later developed.
By entering this designated filming area, you acknowledge that filming is taking place and consent to the use of your likeness, voice, and appearance if you are incidentally captured. If you do not wish to appear on camera, please do not enter the designated filming area or notify a member of the production crew.
Thank you for your cooperation.
Whenever possible, productions should designate filming areas with signs, cones, tape, or other visual markers so members of the public clearly understand where filming is occurring. If anyone objects to being filmed, make reasonable efforts to avoid capturing their image or remove the footage whenever practical.
Best Practice: When in doubt, obtain a signed Appearance Release. It is far easier to collect a release during production than to remove footage or replace a shot later because permission cannot be obtained.