Say what you want about the 2006 film, Borat, and its low-brow, often vulgar humor. You have to admit the Borat attorneys know their way around a personal release.
Numerous people who appeared in the film have sued for right of privacy and similar violations. To my knowledge, the Borat producers have triumphed in every lawsuit. That’s because each participant signed an apparently bullet-proof written release waiving the right to sue in connection with their appearance in the film.
You can read one of the most recent Borat court decisions here.
Did the Borat Producers Play Fair?
If you accept the plaintiffs’ accounts as true, the Borat team did not play fair when obtaining the releases:
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The producers described the film to participants as “a documentary about the integration of foreign people into the American way of life”. The written release described the film as a “documentary-style . . . motion picture". A stretch perhaps but the description was close enough to be legally valid in the court’s eyes.
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The producers presented the releases only a few minutes before the camera began rolling so participants had little or no time to review the release. Unfortunately for the people who sued, a protest of "I didn’t read it” is rarely a successful tactic for voiding a contract you’ve signed.
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The Borat producers may not have been completely forthcoming in describing the film’s themes and the intended use of the segments in their conversations with participants. The release contained language that the participant was signing without relying on any verbal promises or statements made by anyone about the nature of the film or the identity of any other participants involved in the film.
One more legally savvy move by the Borat attorneys. The release required that any lawsuits be filed in New York state. New York's weak privacy protections placed success even farther out of reach of the Borat participants.
There is at least one ongoing appeal so its possible the Borat participants might still get some satisfaction.
There are a few lessons to be learned from the Borat releases. For producers, the exact language that goes into your release really does matter. For individuals asked to sign releases, read the contract before you sign it. If you don’t understand the contract, ask the producers for clarification or seek the guidance of an attorney.