QLD Client did not sign media release but stayed in shot after being told to leave

[J Whitman]

We recently recorded a walkthrough video of our business. Prior to videoing, staff/clients were asked to sign a release form. If they didn't want to sign they needed to leave while videoing was taking place. One client did not give consent.

5 minutes prior to the video taking place, that client was told that the videographer would be entering within the next few minutes and to leave the room. The client did not leave and put a hat on. The client now appears in the video despite being given two separate instructions about leaving the room during videoing if consent was not given.

The client has since said they do not want to appear in the video but will give consent if they are given a large discount on a product. Cutting the client out of the video is not really an option due to the way it is put together. You can barely make out the clients facial features in the video. Asking the videographer to come back to shoot another video will cost us a significant amount of money.

Can we:

a) Post the video without editing it (face barely recognizable) and consider the client's choice to stay after two warnings as consent?

b) Keep the client in the video but try to blur the face, if that is possible without ruining the video?

c) Ask the client to pay the fees to cover the cost of the videographer revisiting to shoot the shot?

 

[Rob Legat - SBPL]

d) Ignore her obvious attempt to extort you.

You gave her the opportunity to leave or consent, and fair warning. You don't need consent to film in a public place, and generally filming adults in that situation is fine. Kids can be an issue, particularly if there are protective orders in respect of them.

 

[Tim W]

I agree with @Rob Legat - SBPL.

If she threatens to start a proceeding, then reply "Well, go on then."