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

Thanks.

Jonathan

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.

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

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.

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

Will work for PBR.

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!

JonathanI 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.

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".

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!

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

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 (http://en.wikipedia.org/wiki/Consideration)) 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-library/article/contract-consideration.html

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.

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.

Great info guys, thanks!

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

I have done over 50,000 VO's and never signed a "model release".But have you signed a "talent release," perhaps as a part of your employment agreement?

For what it's worth, Scotland don't need money as a consideration either, nor does Northern Ireland. In Wales, who knows, because they often write things only in Welsh, and the English will sign anything!

An interesting wrinkle (at least in the US) is that there is also the concept of a "contract of adhesion" which sounds like it would be useful for buying tires that have a good grip on the road, but actually refers to the kind of things you just sign without having any chance to negotiate - maybe like clicking "agree" to a long list of T's and C's. In such a case any unclear condition will be interpreted to the benefit of the signer.

I'm still a SAG-AFTRA member.

For us, it's implicit (and explicit) in what we are being hired to do. That info may be just in the Production Report or in a contract. We are payed for the session and the degree of exposure.

For example, you hire me to do a VO for a commercial. I get paid a nominal amount for the session. Where that commercial is run and for how many weeks determines the amount of additional payment. A VO for a Washington DC TV spot, for example, costs less than the same spot running in NYC because of the different sizes of the market.

If you tell me that the VO will be used for a training video, there's a rate for that. If you tell me it will also be used for a national TV spot, there are additional fees.

Non-union is a whole 'nother matter. In that scenario, you tell the talent what the gig is and pay them. However, more and more non-union talent are wising up and using deal memos because their work is being used for more than they originally bargained for. We had a gal here in Baltimore who was on camera talent for a bathroom remodeler. Her footage was used for 20 YEARS without additional payment.

I did a huge amount of VO work from 1986 to 2004. I still do some, but not as much. (an interesting factoid: you can retire from SAG-AFTRA, draw pension and still work.) I'm vested in the union pension plan and now get two nice checks every month; one from AFTRA, one from SAG. (the pension funds have not yet been merged). A belated "thank you" to all of the producers who hired me back then and whose payments created my pension.

Regards,

Ty Ford

Pretty well standard here for there to be no residuals at all any longer - not just for VO or lesser known talent, but the names too - the releases here state the fee, and then that is that. The production company can use it for as long as they like in any format, for any purpose. This is our national main commercial broadcaster, I understand the BBC release is similar now.