Can I legally make a home movie DVD that has other people in it without their consent?

Question by Shawn C: Can I legally make a home movie DVD that has other people in it without their consent?
The people in question knew they were being filmed. I own an entertainment company and we record the show with a camcorder. Now that we have had so many shows, I want to create and release a DVD of the best stuff we have.
If someone knows of a website that talks about the laws of this please list it!
Also, the people in question in the DVD are not the focus of the DVD, they are merely in the background and you can hear some of their voices.

Best answer:

Answer by Vance
In short no. You will either need their written consent (a “Waiver”), or their recorded verbal consent. The major reason for this is royalties. If you recorded someone, copyrighted the work, and produces the video they could argue that their image was used without consent and they are obligated to royalties. So to be safe get all the said individuals together for a “showing” then ask them to sign a waiver before showing the video. If they do not want to sign a waiver then make it clear that the footage will need to be re-edited before release.
Hope I answered your question.

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