theory11 — Magic Tricks & the World's Finest Playing Cards

Agreement for street magic when puting it online?

jedijames

jedijames

Sep 1, 2007
22
0
Hello.
I am wondering if I wan't to do steet magic do I then have my spectators sing an agreement?
What is if there are like 20 people on the steet and I wan't to have them on video and put it online do I have every single person sing an agreement?
I hope not.
Please help:)
 
Hello.
I am wondering if I wan't to do steet magic do I then have my spectators sing an agreement?
What is if there are like 20 people on the steet and I wan't to have them on video and put it online do I have every single person sing an agreement?
I hope not.
Please help
Click to expand...

Im not sure they would feel comfortable having to SING an agreement, and to have them all singing and then to post it on a video sharing site... well maybe they'd feel embarrassed and we shouldn't make our specs feel that way :D

Now signing and agreement... well I don't think so unless it was for a tv special or something.
People are entitled to there privacy but I don't think you'd have to worry about such things unless it was going to be broadcast on tv, but to be honest I don't really know :confused:
 
Technically, you should have them sign a release if it is going to be released to the public in any form. The debated issue is that the tape is your property, that means that you can choose what you want to do with it.

I think at the very least you should at least ask them (your spectators) if it would be alright to post the video on the internet.

Mitchell
 
thank you for your help.
Do you think theory11.com or ellusionist.com have agreements singed?
What is if I want to do a trailer and you see the people laugh and shout be cause the trick was so good?
You just see them like 5-15 seconds.
I hope that won't be a legal probem be cause I would like to make a street magic video and I don't want to have my spectators sing an agreement.:)
Hope someone can help me out.
 
jedijames said:
thank you for your help.
Do you think theory11.com or ellusionist.com have agreements singed?
What is if I want to do a trailer and you see the people laugh and shout be cause the trick was so good?
You just see them like 5-15 seconds.
I hope that won't be a legal probem be cause I would like to make a street magic video and I don't want to have my spectators sing an agreement.:)
Hope someone can help me out.
Click to expand...
If you are planning to sell the video, then you must have them sign an agreement.

Mitchell
 
I don't think you have to worry too much if your just out having fun and performing

If you were doing a tv special or were selling a performance dvd then it would be better to ask the specs permission... but if it's just out and about I think just having the specs allow you to perform for them with a vid cam filming is enough of a confirmation that they're ok with it
 
Another question, just to make sure: If I want to show videos of street magic on my website, in trailers for commercial magic videos, would I then have to gain their special permission and/or get them to sign a contract? The footage of these people would be viewable for free, as a means of showing reactions to certain tricks and advertising my explanatory movies, which would be sold online. The latter would be filmed in a "studio", with only me giving the explanations. Members of my audience would not appear in any commercial movies, so would I still need them to sign anything?
 
To be honest, if you're shooting anything that is going to be used commercially on a location, say, downtown Anytown, USA you have to have a permit to film there.

If you are going to use anybodies image on a commercial presentation you have to have a written agreement signed by that person with a copy of their identification to be extra sure.

This doesn't protect them, it protects you. If for some reason you have a fantastic effect filmed and say some tv company or magic company wants to sell an effect with that footage, you need a signed release to allow you to use their faces. If not, you can always mosaic out their face. But that sucks.

I've never had a problem with it, usually I tell them, "Hey, I'm shooting a documentary on magic, would you like to be a part of it?" then toss out a standard release form (you can find some good ones online). Nothing uber long, just something quick and to the point.

I've never had anyone say no.

Now, on the other hand if you're shady and just use it anyways and someone finds out later, you could be sucking when someone finds out and comes with a lawyer. Remember, the new American dream is to get rich suing someone.
 
Thanks for the answer. It is certainly not my intention to get sued :) . Does it matter that these people wouldn't appear in any strictly-speaking commercial movies, just in freely downloadable trailers?

I live mainly in Switzerland and Germany, by the way, rather than the USA. I guess the same principles apply here too though (I'm not alltoo familiar with Swiss or German law).
 
Maybe someone from the Theory11 team could inform us of how to go about this... Ive actually never come across this question on a forum before, im interested to find out for sure also.

There's been some good advice but I really don't know the ins and outs to all this and I think we will need the advice of someone who is familiar to this type of thing to help.

I myself have never asked, but after some thought due to this topic, may have to change this.

Great topic.
 
When we film, we have every person participating on camera sign a release or verbally agree to the terms on tape. We have to because we plan on using the footage for commercial purposes. I'm not certain what the legal differences are if you are filming for a non-commercial venture (you'd have to ask an entertainment lawyer about that to be sure), but my advice would be that if there is a possibility that you will post the video, the nice thing to do would be ask the people on the video if they're okay with that.

Hope that helps.

Dana
 
A thanks for the answer.
So it is ok when I ask the people verbally to agree the terms?
That would be much better.
:D
 
Remember that if this is a trailer for PROMOTION of yourself, that is considered commercial, because there could be financial gain on your end. Also don't say your shooting a documentary unless you are, if you tell them that and then they end up in your promotional video, you are likely to get busted. Also be careful shooting kids (those under 18) with child protection laws, you have to have the parent or guardian sign the release, same thing with photos. Hope this helps.

James Lee
 
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