Filming can be a lot of fun, though, for some, it is ‘just another part of the job.’ Either way, you need to ensure you, the people who appear on screen, and your business are protected. A Video Recording Consent Form is an important document used to gain participants’ consent for a video recording. This form will outline the purpose of the recording. It will ensure that the participant knows their rights and understands any potential risks associated with being recorded. It also may explain how the video will be used, stored, and destroyed. We recommend using a professionally designed Video Recording Consent Form Template to save time, reduce human error and ensure you have a high-quality legal document for people to sign before you turn the cameras on.
What Is a Video Recording Consent Form Template?
A video recording consent form template is a document that outlines the details of a video recording, including who will be filmed, the purpose of the video, and the conditions under which it will be used. Businesses, organizations, or individuals typically use it to create documents that ensure that all parties involved are informed and in agreement with the recording. The form should include language clarifying any potential legal implications of being filmed, such as the right to privacy, copyright ownership, and other relevant laws. It should also contain a section for signatures from all parties involved in order to make the agreement legally binding.
When is a Video Recording Consent Form Template Needed?
A video recording consent form template is needed to film people in private settings or for commercial use. Using this type of template helps ensure you collect and distribute all the correct information to your subjects so they can give informed consent. Once the document is created, it is easy to modify and customize as your needs or relevant laws and standards change over time. A single template can last years and make hundreds or thousands of custom documents.
Interesting Fact: In the early 2000s, the rise of reality television increased the need for video recording consent forms. As the popularity of reality TV shows grew, so did the need for producers to document their participants’ experiences on camera. Producers began using video recording consent forms to ensure that those participating in reality TV shows were aware of the recording process, including its risks and benefits, and agreed to it. Now it’s a standard practice thanks to the modern obsession with this unique genre.
Essential Elements of Video Recording Consent Form Template
The essential elements of a video recording consent form template include space to collect a lot of information on the subjects and their consent. However, a large portion of this document is primarily concerned with the usage rights to the film itself. Below we’ve created an overview of what to expect.
- Title- Put “Video Recording Consent Form” in large bold print at the top to identify the document.
- Date- Self Explanatory
- Participant Name- The printed, full name of the person signing
- Participant Contact Information- Address, phone number, and email
- Project Name or Description- A title or brief description if no title yet exists
- Purpose- The intent of the recording
- Locations- Physical places where you are recording
- Recording Dates- List all if there will be multiple shoots
- Copyright- This shows who has the video copyright and who owns it
- Distribution and Editing- This permits the owner of the video to edit and distribute the product
- Consent Statement- The consent statement clearly states that the (named) participant understands and agrees to the terms and consents to be on film for the stated purpose.
- Withdrawal Information- Withdrawal information explains when, how, and if the participant can revoke their consent.
- Usage Intent Statement- A usage intent statement explains that the purpose of the video is not to defame or otherwise unduly harm any parties involved.
- Participant Signature and Date- The person being filmed signs here to show their agreement
- Parent or Guardian Signature and Date- This only applies if the participant is under 18
- Representative Signature and Date- A representative of the production or company should sign at the bottom to complete the document.
Below we’ve answered some of the most frequently asked questions about this topic. Here you’ll find information about protecting yourself from legal disputes, complying with international privacy regulations, what to do when more than one organization is involved in filming, and much more.
Although consent isn’t required to film in public spaces in the US, other countries may have different laws. However, getting the individuals’ written permission on a form is always recommended before you start filming. When recording video in public spaces, it is essential to handle consent forms responsibly. You should provide a consent form to ensure everyone in your video is comfortable and fully aware of the recording. This document should clearly outline what will be filmed, when it will be filmed, and what rights the individuals have concerning the recorded footage. You should make sure they are provided with sufficient information and given enough time to read and understand what they are agreeing to.
Every country has its own privacy regulations. The best policy for compliance with these laws is to contact an attorney and ask what the local regulations specify, as it can be complicated. For example, the General Data Protection Regulation (GDPR) is a European Union (EU) law that regulates how companies process and protect the personal data of individuals located in the EU. To ensure compliance with the GDPR, companies must include specific information in their consent forms. Here are some examples of the GDPR requirements:
ᐅ Companies must clearly explain the purpose of collecting the data and how it will be used. This should include a description of the activities that will be undertaken with the data, such as marketing or analytics.
ᐅ Companies must provide individuals with options to opt-in or opt-out of having their data collected. This information should be freely available on the organization’s website.
ᐅ Companies are not obligated to provide specific information on how they will collect and use data, but they must be transparent about how data is collected, used, shared, and protected.
ᐅ Companies must maintain a record of all personal information collected for at least five years after it was last processed or stored by the company to comply with this requirement.
ᐅ Companies should not delete or dispose of personal information if they are still in possession of it, and it can be used to identify an individual.
The best practices for obtaining consent when recording remotely or online include:
ᐅ Ensure that all participants are aware of the recording process and have given their consent before recording.
ᐅ Provide clear information about the purpose and goals of the recording, as well as any potential risks involved.
ᐅ Make sure that participants understand their right to withdraw their consent at any time without penalty.
ᐅ Provide participants with the opportunity to ask questions and receive answers before recording.
ᐅ Ensure all participants can provide fully informed and voluntary consent without coercion.
To protect your organization from potential legal disputes when recording, the consent form should include the following:
ᐅ A clear description of the purpose of the recording.
ᐅ A statement that the individual giving consent acknowledges that their voice and/or image may be recorded and/or transmitted and that they consent to this.
ᐅ A statement that the individual giving consent agrees to the terms and conditions of the recording and will abide by them.
ᐅ A statement that all recordings will be kept confidential and secure.
ᐅ A statement that all recordings will be used solely for the purpose stated in the consent form and that the individual giving consent shall not be exposed to any risk of monetary or physical harm.
ᐅ If applicable, a statement that all recordings will be erased now or within a specific time frame following the use of the recording unless otherwise authorized by the individual giving consent.
ᐅ A statement that all recordings shall not be used for commercial purposes without prior written agreement from the individual giving consent and an acknowledgment that they have received a copy of this agreement.
ᐅ A statement that if an individual does not agree with anything in this document, they cannot sign it.
ᐅ A statement that the individual may withdraw their voluntary agreement at any time and that the withdrawal of their consent will be documented in all recordings made during the session.
ᐅ A statement that all recordings are confidential unless otherwise agreed upon by the individual giving consent and an acknowledgment that they have received a copy of this agreement, with an indication that states such recordings are considered “Confidential.”
ᐅ The date and time when you were given your copy of this document
ᐅ Declaration of understanding to abide by the terms of this document.
In most cases, No industry-specific guidelines or requirements exist when creating a video recording consent form. However, depending on the industry, the document should address different topics, including the following:
ᐅ Informed consent – The contract should explain why the video recording is being made and how it will be used. It should also clarify that participation is voluntary and that the individual can withdraw consent at any time.
ᐅ Right to privacy – The form should make it clear that the individual’s right to privacy will be respected and that any personal information they provide will be kept confidential.
ᐅ Copyright – The form should state that the individual consents to the video being fair use.
When multiple organizations are involved in a video recording project, it is important to have clear communication and expectations between all parties. The first step is establishing a timeline with all parties, outlining the steps and deadlines required for the project to be completed successfully. It is also important to establish roles and responsibilities within the project, ensuring that each organization is aware of its contribution and clearly understands what they need to do.
In addition, it is essential to have regular meetings or check-ins with all involved parties throughout the project. Doing this will help ensure all parties are on the same page, have updates on the project status, and can address any concerns or issues.
When obtaining consent from participants who don’t speak the same language as the form, it is essential to address potential language barriers. The best way to do this is to use a translator. Having a translator present ensures that everyone involved understands what is being said and can ensure that consent is given accurately and thoroughly.
The translator should be fluent in both languages; it is crucial to have someone neutral and impartial. This will help ensure that the consent process is fair and unbiased. Additionally, it is vital to ensure that the translator understands the process and can facilitate the discussion between the investigator and the participant.
It is also important that in cases with more than two languages, a translator is available for each language involved. This ensures that all participants have access to a translator of their own choice in order to have their questions answered and their concerns addressed in the particular language they speak.
In certain situations, a verbal agreement can replace a written consent form for recording. Oral contracts are generally less formal, making them easier to use in certain situations. For example, if two people are discussing a business deal over the phone and reach an agreement, then a recording would suffice as evidence of the conversation.
In addition, verbal agreements can be used to capture important information in an emergency. However, it is essential to note that oral contracts do not typically carry the same legal weight as written consent forms and may not be legally binding. Therefore, written consent forms should be used where possible.
The potential consequences of not obtaining proper consent before recording a video can be severe. Without authorization, the individual or entity being recorded could bring a legal claim for invasion of privacy, misappropriation of likeness, or other related claims. Depending on the jurisdiction, such suits can lead to significant monetary damages and injunctive relief. Moreover, the unauthorized video recording could potentially be considered a criminal act, resulting in criminal prosecution. Finally, even if no legal claims are brought due to the unauthorized recording, it can still result in significant reputational harm for both the individual or entity being recorded and the company recording the video. For these reasons, companies should always obtain consent before recording any video.
A Video Recording Consent Form benefits both the recording party and the participant. It allows the recording party to protect themselves from any potential legal issues, as the form will provide clear documentation of the consent provided by the participant. It also protects the participant from possible abuse by ensuring they are aware of the recording and their rights. It is important to note that even if a video consent form is signed and dated, it does not nullify a confidentiality agreement between parties. Using a professionally designed video recording consent form template can help you ensure that all the relevant data is included in your contracts.