I watch a lot of prank videos on YouTube and I am thinking about starting a prank channel of my own. If I prank somebody out in public, like at a beach, a park, the mall, or on the street. If they get mad and say "You can't film me." Am I able to legally film them and put them in the video?
You will likely be infringing upon the persons publicity rights. Most shows get a release after it was filmed but they must get a release or they dot air it. There are many additional legal issues. You should consult with an entertainment attorney on .com
When anyone's in public, they're consenting to being seen, and also to being filmed. but that's not what you're asking --you're asking about filming and then PERFORMING/DISPLAYING that footage without their consent or against their express wishes. It's that performance/display that runs into privacy/publicity rights violations.
Various participants in the Borat/Sasha Baron Cohen movies sued the filmmaker for putting them in the Borat film even though they had signed very comprehensive releases waiving their rights to sue for pretty much everything. They claimed they were duped and that they didn't know they'd be mocked. The judges didn't care, and those plaintiffs lost. Interestingly, right now there's a case involving a woman who thought she was being hired for a certain role but whose voice was dubbed to make an anti-Muslim short film :Innocence of Muslims," leading to death threats against her. The CA court judges have found that her consent was fraudulently obtained. So the scope of a release, and getting one that's properly drafted, turns out to be very important.
You must get releases from your participants, and given what's done on reality TV now and the number of shows with nakedness, it seems that people will do just about anything to be actors in films/TV.
Filming is generally okay, but using that film commercially needs releases to be safe legally. So prank if you want, but don't air the prank unless you get consent. Not to worry, almost everyone consents.
The purpose of the filming also plays into this analysis; for example, if you are filming the person for a promotional reason versus filming it for news. Promotional filming is subject to stricter rules. To save yourself a headache later, get a signed release.
Going to a public place, like a park for example, and shooting a crowd scene there is fine under most circumstances. However, if you focus on one person in that crowd to prank them, I would advise you to get a release. In the absence of permission, you not only have to deal with publicity/privacy liabilities but also, depending on the prank, you might be liable for physical injuries. Without a form that releases you from all of those liabilities, you leave yourself open to a lawsuit. Especially if a person you pranked makes it clear that they don't want to be in your video.
