Legal Question in Intellectual Property in California

Yes. It's a good idea to get a release for EVERY person appearing on-camera in a video. Get one for each person for each video.

While it MIGHT be possible to argue that appearing in the video is within the "course and scope of employment", the trouble can arise AFTER an employee is terminated, quits, retires, etc.

A properly drafted release should get you the right to use the person's likeness, voice and performance within the video (regardless of medium of delivery, etc) in perpetuity.

This isn't a do-it-yourself project, and your video production people probably won't have up-to-date forms. Hire a lawyer to look everything over... it'll save you money in the long run.

Note also, the contract(s) with the video production people are very important. If the video crew are not full-time emplloyees of your company, make sure the work is properly characterized as "work made for hire". Otherwise, you may not end up owning what you're paying for.

Definitely have all persons who appear in the video sign a well-drafted release. This is not something to attempt on your own. Consult with an attorney in your area.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

I agree; while suits, if any, would probably not result in large damage awards, they could be an expensive nuisance to defend even if the proven damages are pretty much on the token side. In dealing with employees on such matters, keep in mind that any day they may become ex-employees! A percentage of ex-employees will have axes to grind, and filing various lawsuits can be an example of that.

Have you considered using an experienced producer of training material to come in and do the video for you, including indemnification as part of the deal?

Another thing worth doing is to consult with your business-insurance broker to see if you are covered for this sort of thing, and if not, what it would cost. Your insurance company may have a risk-control procedure that would be helpful.