I've recently started my own digital video and photo editing company and have got a job that requires me to transfer VHS to DVD.
My client has emailed me with her requirements and has said that on 2 of her VHS videos, there is about a 10 minute clip of her in the bath naked when she was 5 years old, and had said that she would understand if I couldn't transfer the tapes with that footage on. however she then said that she will give me her full consent to do so.
Now alarm bells are ringing, most people have video clips like that on their VHS from when they were little because that's what people filmed, the family moments.
My concerns are obvious, I dont want to be put in prison for having 5 year old girls on my laptop, even though it would be deleted after the transfer. What do you recommend? is this such a bad thing in this type of business? given the fact that she's given me her consent.
Get the client to sign a release form stating that they consent to the specific work being done. If you visit the IOV web site there may be a standard form for this kind of thing. I'm not sure if it would only be available to members. I would advise getting some sort of signed agreement from the client even which is a good idea for every job you do anyway.
I've looked into it and at the moment it seems like that's what i'll do.
How do you suggest I go about the release form? Could I get them to send me it with their media if it's via post, and then if a client had forgotten to send the form, or to sign it, could i just send the media back without conducting any editing to it, and I still be in the clear. Would that be ok?
Or, could they send me a scanned copy of it before sending there media.
While this is an example of a damning and sad indictment of todays society. It is best to be safe than sorry. I am not a legal expert and would not claim to know the exact legal steps you should take. I would just send the form to them in the post with a letter explaining that work can not be undertaken until the form is signed by them and that they can send it when they send the tape to you.
I understand your concern over this but I'm sure it's not something which will ever develop into a "situation" for you.