Hello all,
I am getting ready to video two bands on the 3rd of July, at a Celebration hosted by Patric Air Force Base. One of the groups will be the Drifters.

The questions- I would like to have a contract stating the cost, and what will be expected, pretty much a standard shoot contract. But, I would also like to have a clause ( If agreeable ), that I could use portions of the footage as promotional material for my business, for use on my site, and or fliers.

Is this unreasonable? How should I word it? Ideas? Anybody???
Thanks,
Keith

Our contract has a separate section specifically for that purpose. If they agree to be used for demo purposes, they also sign that section. If they do not agree, they sign the contract but omit signing that section.

Hello:

Also, here's an idea - if its true that you're not going to do this - you might want to explicitly state that you're not going to be selling the promotional materials. This may make it easier for the band to swallow. They may just see it as another method of free advertising!

I like the way EdwardTr suggested to divide the contract; still, make sure that you leave the option for the band to be allowed to omit any of the promotional materials (for example: say yes to use of their picture on fliers, but not video on website . . . ). Of course you could always tack on the statement at the end that explicitly states that you will contact that band before using their property (persona/pictures) on any promotional items.

Are these "signed" bands? Do they have record contracts? Its been a couple months since I was in my Music Management class, but I'm pretty sure this can make a difference on the band's decision making powers. In other words, you might have to contact their record label and talk to them so you can use the band's images . . . .

Regards,

Kyle "Doc" Mitchell

Hey Kyle,
Yes and no. Most of the bands will be newcomers and unsigned. However, on the 3rd of July, I will be taping the Drifters. This is where I expect the difficulties to lie. It would be a big boost to have some footage of them in my portfolio, fliers, and website.

I just want them to be 100% clear on why, what, and how, I'll be using their footage.

Ed- I like that idea, and will use it when I finally draft contracts. My biggest problem, is speaking Legalise. I barely speak English on some days!
Thanks all,
Keith

Does anyone know where can I find some templates, or maybe a completed contract to use as a basis?
Keith

Legal?? But in my photo contract, I state that I own all rights to the material and that it can be used for display, advertising or any use thought proper by me.

Basically I'm the artist here, not them. I'm protecting my work. They can buy or rent the art from me, but I retain the ownership unless it's specified (and I can retire $$).

OTOH if this is you shooting for you, it's gonna be hard to get them to sign a release for no compensation.

If anyone out there has stock permission forms, liability waivers, general contract forms, etc, and want to share, here is a place to post them

This is one I used for a shoot this past weekend. I found in on the internet a while back. Feel free to use it. I took my name off it, for your convenience. :)



I, _____________________ grant unconditional permission to __________________ to record on audio and video _________________________, for the purpose of _____________________. I further grant ________________ unconditional permission to use the video and audio for any reason associated with the video program(s). I unconditionally permit editing of the footage in any manner. I unconditionally permit use of this footage in any for-profit application, whether video or not. This permission is granted without expectation of any financial reimbursement to me.

Name________________________

Date_________________________

Signiature____________________

Witness______________________

I think a couple of books of mine have such "samples" included.
I could scan these in for you if you are interested....

Rob, that'd be great.
I'm looking in particular for a form that I would use to get written permission from a band to use their music in a video.

I could make one up, but having no knowledge of the music industry, I wouldn't know what to include to cover my butt.

Thanks

Sorry for my late reply Dylan. I've been a tad busy. This is a music
release form that I found in my book Feature Filmmaking at Used-
Car prices (Rick Schmidt). If you use it make sure you fill in all the
_______ sections and that you replaces all the *YOU* with your
own name.... Here goes:


Music Rights Agreement


Licensor: ___________________________________________________
Adress: ___________________________________________________
___________________________________________________
City/State: ___________________________________________________

This Synchronization License Agreement ("License") is made and entered into
this _____ day of ____________, 2002, by and between ______________________
("Licensor") and *YOU*.

1. In full and final consideration of the sum of ________________, receipt
of which is hereby acknowledged, Licensor grants to *YOU* the non-
exclusive, irrevocable right, license, privilege and authority to record on film
or videotape and use the musical compositions and recordings entitled
____________________ in synchronization or timed relation with the
film production currently entitled ______________________________.

2. Licensor authorizes *YOU* to use or cause to be used the aforesaid
musical compositions and recordings in conjuction with the aforesaid film
production in any manner he deems fit including, but not limited to, the
purpose of advertising and exploiting said film production and the right to li-
cense and distribute the aforesaid musical compositions in conjuctions with
said film production throughout the world on any medium or forum, whether
now known or hereinafter created.

3. The musical compositions and recordings licensed pursuant to this agree-
ment shall not be distributed or exploited separately or idependently of said
film production.

4. Licensor hereby represents and warrants that he/she has the full legal
right, power and authority to grant this license and that the performance
rights to the aforesaid musicial compositions and recordings are available for
license through ASCAP, BMI or SESAC.

5. Licensor warrants, represents and agrees that Licensor will obtain in writ-
ing all requisite consents and permissions of labor organizations, the copy-
right owners, and the Artist (if applicable) whose performances are embodied
in the compositions and recordings and that Licensor will pay all re-use pay-
ments, fees, royalties and other sums required to be paid for such contents
and permission, in connections with *YOU*'s use of the compositions and
recordings. If *YOU* so requires, Licensor will obtain such persons and de-
liver to him any documents that he requires to confirm that they will not
look to *YOU* for any payments in connection with the compositions and
recordings in the film production. Licensor will indemnify and hold FEA-
TURE WORKSHOPS and is officers and directors harmless from any and
all claims, liabilities, losses, damages and expenses including, without limita-
tion, attorneys' fees and legal expenses arising from any breach of Licensor's
warranties, representations or covenants under this license, or in any way re-
sulting from or connected with *YOU*'s use of the compositions and record-
ings.

6. The term of this license is for the worldwide period of all copyrights in
and to the musical compositions and recordings and any and all renewals or
extensions thereof that Licensor may now or hereafter own or control.

7. The rights granted herein shall inure to the benefit of FEATURE WORK-
SHOPS, its licensees, successors and assigns.

________________________________
Date

By _______________________________ By _____________________________

Dylan,
A release is very important and is always better than not having one . But as you will notice Rob's and every release I have ever seen, they have the "consideration " section. It does not have to be anything huge but , it is my belief that by law there always has to be some form of compensation = consideration for it to hold up in court. That can be $1.00, a 5" x7", a vhs copy of them or it,

Of course you know a release can not and will not keep you out of court, since anyone can sue anybody anytime. It just means you and your lawyer have a better leg to stand on as long as you have not used the footage , picture, image, etc. to harm a person or their reputation or presented them in an untrue light.

I thought you might like to know what photographers go to court for on a regular basis, you know, those rags you see at the checkout at the supermarket.

Bruce

Bruce, some good points as always.

Rob, that looks like it will fit the bill. Thanks!

I've been pretty busy too. We've been moving for what seems to be the last two weeks and I just got my internet hooked up today.
I've been editing my video for the last week as well, and it's about 95% finished except for the music. I'll post a link to it when it's done. Everyone here has to buy a copy out of support for a fellow member. ;)

This forum is great! Hey Rob, do you have a form for use with clients? Just a general contract for work to be performed that I might use? I do a lot of capital campaign and industrial type videos, special interest if you will. I've been relying on a handshake up until now but I think it's time to get serious.

Becky

anybody have a good standard release form? This is needed for actors and locations. Also in need of a low priced quality budgeting program... does one exist? thanks

take a look at the forms at

http://videouniversity.com/releases.htm


low priced quality budgeting program... YES i have one i loan out ( no charge , you cannot sell/rent/charge anybody for its use- you may pass it along with these conditions ) ..

you need to have EXCEL 95 or higher installed ... EXCEL version adds/subtracts all depts automatic - then brings all figures to the FRONT one page sheet. the Budget breakdown is 25 pages plus 1 page front sheet = 26 total pages ...


UPDATE 11/13 the formula's are now LOCKED .. cannot erase them -

I tried it out and it works fine on my Mac, thanks a lot. And I will follow through with my promise when I get the package, LOL.

Bruce is correct,"Compensation" is indeed necessary for the contract to be binding. "Valuable consideration" is another form of compensation. THis can be anything they accept.

Bruce wrote;
>as long as you have not used the footage , picture, image, etc. to harm a person or their reputation or presented them in an untrue light.<

What about Saturday night live & such when they put bogus questions to a presidents speech and make him look foolish? Are public forums open market?

And do documentaries fall under the same laws. Say interviewing someone on the street, or a collage professor for a "professional opinion"?

Chris

Indigenous Pictures has a couple of different releases (Minor, model, location, and musician releases) all ready to go in PDF format, as well as other various handy video tips.

http://www.indigipix.com/videotips.htm

I find this book to be a useful starting point.

"Contracts of the Film And Television Industry" by Mark Litwak

Now I know where to go. I'll try those sources.

As I was searching for release samples, I happened upon this thread. There is one point in here that may be confusing.

For a contract, consideraton is necessary.

However, a release is supposed to work in exactly the opposite direction, which is to avoid the necessity for consideration. You want the person(s) to say, in effect, "You don't owe me anything, now or ever." That's a lot stronger than a release for which you pay even $1.

I'm not a lawyer, so use the appropriate grain of salt.

One thing I did ask my IP attorney about was having a release signed by parents for footage of a minor child. His report to me was that there was no statute covering this and that once the child reached majority, the child could sue anyway. Weird.

Will

Dylan,

those releases are kinda sketchy under canadian and british columbia law.

For a complete CYA, get the women in film producers handbook.
A friend lent me hers and it's chock full of stuff that is directly applicable for you.

http://www.womeninfilm.ca/producers_wb.html

Basically, if you have non union actors, then you might be able to enforce that release if it ever came to nastyness.

However, if you get the handbook, you'll see that there are releases for using union actors with deferred payment etc.
If you are serious enough to use releases, then I also recommend that you keep a tally of your total expenses for the project. Because if someone says you made money, then you can show all your expenses and say you have yet to turn a profit. ;)
Making money and profit are entirely different things, and most deferred payment scemes, at least the good ones, allow you to pay actors after you turn a profit.

Adrian

So far, I'm non-union, so I'm not as worried about it.
That's actually a fairly old post. I think someone since posted better releases, which I've switched to. Although I haven't had to use one for a while now.

Does anyone have some stardard release forms? Or know what info has to be on them?
Thanks
Michael

What type of release forms?

Check out the business forum FAQ (http://www.dvinfo.net/conf/showthread.php?s=&threadid=8725)

Hey, is there some kind of form I can print out and have people sign that appear in my videos, stating all the legal stuff and all? Where could I find this to print out?

Thanks.

Hi Alex,

You'll find several standard releases here (http://www.ladyxfilms.com/Entry_Kit/READ_ME_USLetter.rtf)...including talent, location, etc. (It's an RTF file)

Thanks. My simple mind doesn't understand some of it though.

Where it says "Therefore, in exchange for________________I hereby freely and without restraint consent...."

In exchange for what? Screen credit? Money?

"Whereas _____________________ (the "Producer") is engaged in a project (the "Video/Film"), and"

Do I sign there? heh.....i'm retarded.

Usually you throw a buck (at least) to whoever is in it. When I got releases, I'd have a clipboard and a bag full of one dollar bills. The point is that they're compensated. Doesn't matter that it's just a dollar. Legally, they've been paid.

Alex,

It would go:

"Therefore, in exchange for screen credit I hereby freely and without restraint consent...."

or

"Therefore, in exchange for USD1.00 I hereby freely and without restraint consent...."

or

"Therefore, in exchange for USD1,000,000.00 I hereby freely and without restraint consent...."

and then...

"Whereas Alex Knappenberger/AK Films (the "Producer") is engaged in a project (the "Video/Film"), and"

Like Chris says...you have to pay something for it to be binding...and screen credit isn't payment. But, you know, for low-budget, amateur films and student films...I'd imagine "screen credit" is fine.

And don't forget...asking them for permission on tape is a quick way to get a release. Just be sure you archive the footage.

My understanding is that compensation doesn't have to be monetary to make a release binding. Am I mistaken?

I use the term "for valuable consideration, receipt of which is hereby acknowledged".

This does two things: 1. indicates that the person giving the permission (release) has received compensation (valuable consideration) and 2. by signing, they acknowledge they have received compensation of some kind.

Compensation, could, I believe, be: screen credit, food and beverages consumed on the set, experience, or any number of other non-monetary methods of compensation.

<<<-- Originally posted by Chris Hurd : Usually you throw a buck (at least) to whoever is in it. When I got releases, I'd have a clipboard and a bag full of one dollar bills. The point is that they're compensated. Doesn't matter that it's just a dollar. Legally, they've been paid. -->>>

If we did it that way in Canada I'd have to carry around a sack of Loonies (our dollar coins). I'd be just like a medieval friar waiting for Robin Hood to come by to relieve me of my coin.

Dear all,
I am about to rent a live & work loft. The lease will be a commercial lease with permission to also live there.
My question is if I shoot film and/or video in this loft, will I be required to get a location release each time? Or can I just freely shoot, since I will be under a commercial lease similar to that a store owner doesn't need permission from the landlord to sell things since the exact objective of the commercial lease is to use it commercially??

I would ask the landlord about signing a blanket release when you sign the lease.

I've had TV commercials shot at my place and no one, including the production company, brought up anytning about a release. We shot interiors only. Since you are conducting a business in a space you are renting, you should be free to do as you wish.

Hi,
I am filming some businesses to appear as sponsors on my local TV show.
I usually get a location release from the person that owns the business, and that should cover everything inside their store. I was wondering if it is necessary to have a release from whoever owns the property/strip mall/etc... before showing the outside of the business on TV. Should I try to get in touch with the realtor that handles the property, or does a business genearlly have the right to advertsie and show it's store-front?
Thanks,
- John

Has anyone heard of getting a release from the people in your video by actually filming them giving you a release.

I have wondered how someone like Huell Howser on PBS goes about the state of California filming "California's Gold", doing on-the-street interviews, talking to people without any prior communication and then goes on with his video. He does not seem to have time to stop and get written releases from all the people he talks to.

I have seen scenes where he is walking down the street and he walks up to someone, grabs their arm and turns them onto the camera to interview. Then they get into a car and drive away. There does not seem to be time to get any release.

I have thought that he might give the people a brief written statement that he can have them read live on film and leave them with the written release for their records.

Would this be acceptable (legal)? Anyone know how Huell does this?

Additionally, does anyone know what camera he uses to film this series?

Ciao, Brian

I'm pretty sure you're OK. I'd have to dig up my restaurant lease but I think I asked someone this question before and you can do anything you want inside and out, within rules of the mall. Those rules pertain to signage and lighting. I think my landlord told me I can do anything I want to promote the store's business. (They sometimes get a percent if you didn't know).

When they've filmed TV commercials at our place, we've never signed any release either.

Hey,
Thanks for your reply. That all makes sense, too. I have filmed a few businesses without worrying, but I was just strting to think about it and kind of wanted some advice.
Thanks for letting me rest a little easier!
- John

Hi,
When filming an ad for a business such as a restaurant, do I need to get a model release from people in the restaurant...say, for a wide shot that pans around and shows people eating there? Or, if I don't show faces, am I OK without a release?
There are 2 situations I'm thinking of in particular - one shot of people at the buffet (not showing faces), and the other is the panning shot.
I don't think the local stations worry about this when they film, but I'm independent and have to think things through.
Thanks,
- John

Many states have right-of-publicity laws which preclude unauthorized commercial use of someone's likeness.

Normally the issue is one of recognizability. Federal law allows them to come after you if they can be recognized.

Let the restaurant buy them lunch if they sign the release.

Journalism has different requirements for releases. Unless you work for a news organization etc. you can't rely on this for protection. Video releases are perfectly acceptable. When I worked in broadcast we would routinely get releases and spellings by having the person just talk on camera.

I need to find a model release form somewhere and thought some one here may know of one online.
Thanks,
Bryan

Sure thing.

Check out this thread (http://www.dvinfo.net/conf/showthread.php?s=&threadid=4039) for a couple examples.

I need some info regarding releases. I posted an upcoming project at another thread, but need info about the proper releases. We are shooting a ride-along type program for public access and will be in contact with the public most of the time. I've got the releases covered for the people we will be riding with, but does anyone know the proper type and procedure for those that might be standing nearby or involved with the Fire or Law Enforcement agecies being covered?
I notice on COPS that 99% of the time the people being arrested are clearly identifiable. Do they actually sign a release?

Do a search in this forum on COPS. That question has been
asked a couple of times already.

Got it! Thanks, Rob.

Hi there

I know this has been asked before in other threads, but does anyone here have sample contracts or agreements for videography work, ranging from events, to wedding videos, etc...?

Basically a contract on paper that will end up saving your ass if something in the shoot goes wrong.

Thanks.