Monday, February 16, 2015

Pre-roll Ads and Publicity Rights

Dear Rich: Our company posts news interviews online. Does the fact that we're using pre-roll ads require us to get waivers from our interview subjects? 
Whether you need to obtain a waiver/release depends on why you want to use a person’s name or image. If your use is for commercial purposes—for example, using the interview as part of an informercial—you need to obtain a release. If your use is for editorial purposes such as a news interview, you probably don't need a release. We don't think a pre-roll -- those 10 second ads before YouTube videos -- converts a news interview into a commercial purpose (any more than running an ad before a 60 Minutes segment). No court has ruled on the issue and if you’re concerned about liability, you can always talk to the person ahead of time — and video the subject's consent. We've written more about interviews and releases here.