If a customer wants to give a video testimonial for Youtube, is this verbal consent? 3 Answers as of April 04, 2014Can a customer give "consent" verbally on the video by stating, "hello youtubers, I'm creating this video to endorse..." Or is a signed consent form needed for customer endorsements that will be put on YouTube? This is for a car salesman. Thanks.
Lawyer for Independent Media | Sue Basko
Consent given on camera is often considered valid consent to be filmed. However, it may not be consent as to where, for what purposes and in what ways, and for how long you may use the footage. It is best to spell all these things out in a written consent form. The person should be given time to read the form and carefully consider it. It is most valid if the print is reasonably large, the wording is clear, and the agreement is not too long. That way, people on location can read the form, know what it says, and either agree or disagree. If there is any form of coercion, the agreement may not be valid. For example, if the person has been offered a discount on the car in exchange for the endorsement on the spot, then the permission granted may not be valid. Also be aware that if person has a talent agent or is in a talent union, the permission they give may be superseded by other contracts and requirements. Your best bet is to work with an entertainment lawyer on this.
Answer Applies to: California