The law affects what you can do with video as a comms person. Here's a starter for ten.
by Dan Slee
If 80 per cent of the internet will be video shouldn’t we pay a bit more attention to staying the right side of the law?
Delivering workshops that shows comms people how to use video is one of the things I enjoy most. But when we send people off to make their own content there are a few things we tell them.
GDPR is the new set of regulations that are coming into force from May next year. What are they? The Information Commissioner’s Office has some really useful resources to help you stay onside.
But first, the old perennial…
Copyright… don’t add pop hits to your video
It seems obvious, but if you are making a video don’t be tempted to add your favourite chart hit. Not because your taste is really bad but because of copyright. At best, you’ll get a takedown notice and at worse you’ll have a bill from the copyright holder. Getty Images for still pics are notorious for tracking people down. But don’t think that music is harder to trace. Facebook can shazam your content and YouTube takes down at least 180 million videos a year.
Where to find decent music and sound effects that won’t see your video taken down
Video editing software kinemaster and imovie have their own limited library of music. Go subscription with kinemaster and you can get your hands on a smidge more. But there are other places out there. YouTube has its own music library that can be re-used with a creative commons license. There is also sound effects, too. Audiojungle have some limited free sounds. There is more in Free Music Archive and sound effects in freesound.org as well as soundbible.com. Download them as an MP3 and then add them to your video as audio.
If you are using creative commons content, remember to credit them.
Getting permission from subjects
This could be your undoing.
A picture of your face is personal data. That means GDPR.
With GDPR, you are now going to have to be explicit with those you are filming exactly what you are doing, how you will use the video and how you will store it. You’ll almost certainly need to overhaul your permissions form. If children are involved, you need to make sure it is in child-friendly language too. The core GDPR principles are here. Read them. Start making plans.
You’ll need to demonstrate that you are complying. What does that mean? You’ll also need to store the record of who you have shot in a searchable place. Why searchable? So if they want to be removed at a later date they can.
The good news is that the ICO’s office at a Q&A at the Granicus event said that footage of a large event was fine. So crowds at the event can still be shot. Just put a disclaimer at the door so people can opt out.
A model release form
There are a few apps that do the job of saving and storing information. Easy Release is the only one I could find hat works on both android here and ios here. It’s £9.50 per download and you’ll have to spend some time in creating a form to use it in earnest. The app advises you to check with your legal team before using a form. That’s good advice. For my money, you’ll have to be clear – or explicit in the words of GDPR – what you are using the footage for. That means a slightly different form each time you shoot.
The video and the law to do and to don’t list
- Don’t use copyrighted material.
- If you use creative commons audio credit it.
- Talk to your data protection officer.
- Get a new editable model release form in plain English that your legal team are fine with.
- Get an app or a place to store the model release data.
- Use audio that isn’t in copyright.
Dan Slee is co-founder of comms2point0.