Model release for voice over?

[Jonathan Levin]

Do you need a model release for voice over work? No one will be identified by name in my audio.

Thanks.

Jonathan

[Richard Crowley]

It depends on what you are going to do with the final product.
For example if it is for public exhibition (like a film festival, etc,) or for commercial release, you should have (and may be required to show) legal documents supporting your use of every element of the production. And that would include voice-over recordings by anyone other than yourself.

[Jonathan Levin]

Thanks for that info Richard. The more I think about it, I think I'll cover myself and get signitures. BTW- this is going to be a online educational video, pretty limited viewing.

Jonathan

[Steve House]

Don't forget money also has to change hands for the release to be binding. It doesn't have to be much - one dollar would be all that is needed legally - but for a contract to be binding 'consideration' must be exchanged. They're giving you their permission to use the recording of their voice in exchange for the monetary consideration you're giving to them. A google search on "voice over talent release" will turn up some template examples that should be adequate for your intended use.

[Jonathan Levin]

Thanks Steve. I think my company model release form includes wording for audio and VO. If not I'll work that in.

My budget is limited so I may pay talent with Pabst Blue Ribbon!

Jonathan

[Rick Reineke]

Will work for PBR.

[Steve House]

Originally Posted by Jonathan Levin

Thanks Steve. I think my company model release form includes wording for audio and VO. If not I'll work that in.

My budget is limited so I may pay talent with Pabst Blue Ribbon!

Jonathan

I am not a lawyer but as I understand it, for the release to be a legally binding contract it has to be real money you pay. It doesn't have to be much, as little as 1 dollar will seal the deal, but AFAIK it does have to be an actual cash payment. Beer and pizza won't cover it. The release is a contract where in exchange for the consideration you give to him, the talent contracts not to sue you when you use his image, voice, musical performance,etc, for your own purposes and it follows the same rules as any contract - there has to be a takeaway for both sides of the deal.

[Richard Crowley]

Originally Posted by Steve House

I am not a lawyer but as I understand it, for the release to be a legally binding contract it has to be real money you pay. It doesn't have to be much, as little as 1 dollar will seal the deal, but AFAIK it does have to be an actual cash payment..

Yes, that is my understanding as well. That is why there so many $1 deals on the legal books. Beer and pizza are not legally regarded as "consideration".

[Greg Miller]

Originally Posted by Richard Crowley

Yes, that is my understanding as well. That is why there so many $1 deals on the legal books. Beer and pizza are not legally regarded as "consideration".

St. Pauli Girl, maybe. Pabst Blue Ribbon, never!

[Don Bloom]

Pay the dollar....then have THEM buy the pizza and beer.

[Jim Andrada]

I'm not a lawyer and don't play one on TV. But I've negotiated dozens of contracts and my understanding based on reading a lot of stuff on contracts as well as a couple of courses on contract law for the non-professional is that a "consideration" may be monetary or not - an action or forbearance from action may constitute a consideration. (I agree not to paint my house red and you agree not to paint your house pink)

I've seen something like the following (from Wikipedia re "Consideration, Consideration - Wikipedia, the free encyclopedia) in many books on contracts and it was similarly described in the classes I took on contracts

Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more. Consideration to create a legally enforceable contract entails a bargained for, legal detriment incurred by the promisee OR a legal benefit to the promisor.[1] Under the notion of "pre-existing duties", if either the promisor or the promisee already had a legal obligation to render such payment, it cannot be seen as consideration in the legal sense.

I think in most cases when a $1 payment is made, the usual terminology is along the lines of "...for $1 and other valuable considerations"

Another easy reading definition which says essentially the same thing

http://www.legalmatch.com/law-librar...ideration.html

[Paul R Johnson]

Another US/UK difference to remember. Rights clearances here definitely don't need any form of money or consideration. The fee paragraph is optional. Leave it in if money is being paid to the artiste and remove it for a freebie. Does this mean in the US members of the public interviewed in vox pops all get a dollar?

The favourite phrase here seems to be in any territory, in perpetuity, and that's about it.

[Jim Andrada]

To summarize, the following are needed to "form" a contract in the US

1) An offer

2) An acceptance

3) A consideration

I think in some places (including Scotland,) the "consideration" isn't strictly needed.

[Jonathan Levin]

Great info guys, thanks!

[David W. Jones]

I have done over 50,000 VO's and never signed a "model release".