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INFORMED CONSENT

 

Informed consent is often a point of contention in documentary films. As a medium which is regularly assumed as fair, balanced, and accurate in the information it presents, documentary films which do not fulfil this criteria will be subject to scrutiny. Informed consent is often a major part of such discussions, as the absence of informed consent from a documentary’s subjects precludes perceived documentary ethics and calls into question the reliability of the filmmaker. In the case of The Wolfpack, questions of informed consent were raised in regards to the age of the subjects, the editing of chronology, the mental stability of various subjects throughout, as well as the interference of the filmmaker herself.

 

Release forms generally include:

• agreement to participate
• the lack of financial reimbursement
• understanding they’re going to be filmed
• understanding their vision, voice, likeness and biographical material will be used in the film and in publicity
• reproduction of the film in any format now known or not yet created
• statement that the subject will not lay claim against the filmmaker (legally fight their representation)

also

• use of biographical information
• exclusivity
• story rights / life rights (filmmaker could write a screenplay, sell that script and not pay any money to the subject for it – morally this is out of fashion)

 

RMIT Release Form

 

Insert your name/s where it says producer/s and delete this line

 

In consideration of producer/s for RMIT Media agreeing to produce the

‘Film’ . . . . . . . . . . . . . . . . . . . . . . . . (working title), and shooting scenes in which I appear,

 

I, . . . . . . . .

 

of , . . . . . . . (address)

 

agree to appear in the Film, and acknowledge that any recording made by you of any performance or appearance of mine in connection with the production of the Film is an authorised use of my performance or appearance.

I further agree that my appearance in the Film may be edited at your sole discretion, and acknowledge that you are not obliged to include me in the Film and that you may make any changes in the Film that you deem appropriate.

I consent to the use of my name, likeness, voice and biographical material about me within the film and for the purpose of publicity and promotion of the Film, and acknowledge that there is to be no payment to me for any authorised use of my performance or appearance referred to above.

I also agree to the producer/s for RMIT Media exploiting and distributing the Film as produced in any and all formats and all media whether now known or later devised throughout the world.

I release you from any claim by me, or anyone, on my behalf arising out of my appearance in the film.

 

. . . . ./ . .  . /2012                   Signed: . . . . . . . . . . . . . . . . . . . . . . .

 

Parent or Authorised Guardian of: . . . . . . . . . . . . . . . . . .      (if applicable)

 

The Case Against Informed Consent 

A case often used to lay claim against a filmmaker is that informed consent was not present:

• if a person cannot read or understand the release or the situation fully
• disability
• mental illness
• misleading of the film’s direction / change of film prerogative after filming
• (questionable, & if release form is signed prior to interview) the interview took a different turn than was anticipated / explained before filming – misdirection

 

Personal Ethics Charter (to create throughout the semester)

• informed consent is present