Release Forms -- Model / Talent / Location etc.

Richard Lubash · May 3rd, 2005, 09:34 AM

By-the-way, I did do a search but I am looking for information that is specific to documentaries in that I believe they fall under some of the protection that news-gathering does.

thanks,

Richard

Bob Costa · May 3rd, 2005, 05:38 PM

If someone is identifiable, get a release (even a verbal videotaped one) or smudge/edit them out. If you can post signs in the restaurant (Caution, videotaping in progress) that buys you some slack. This subject has been beaten to death here, just search back a bit.

Jim Montgomery · July 3rd, 2005, 03:22 PM

Found these on the Microsoft site. They are Word 2003 document templates. If you can use them be sure and replace my information with yours.

http://bellsouthpwp.net/j/m/jmmnt/Re...ecording 2.dot
http://bellsouthpwp.net/j/m/jmmnt/Pa...ecording 2.dot

Rudy Weitz · July 28th, 2005, 01:36 PM

I am working on my first documentary, and I need to get release forms from some of the people who I will film. I have a book that says it is necessary to offer them a token amount in order for there to be a legal exchange, i.e., "For the $___ consideration received, I give ______________________ Productoins, its successors and assigns, my unrestricted permission to distribute and sell all still htographs, motion-picture film, video recordings, and sound recordings taken of me for the screen production tentatively titled__________."

I kind of dread actually having to offer $1 to people in exchange for their signature. I would think their promise would be enough as long as they know that you are relying on their promise, and you do indeed rely on it by including them in the documentary. Kind of a legal question, but does any one have opinions on how this should be handled?

Steve House · July 28th, 2005, 04:22 PM

IANAL, but as I uderstand common law, a release is a contract and a contract only becomes binding when there has been an exchange of valuable consideration between the parties concerned. Since they are giving you something of value, the permission to use their image, you must give them something of value in return.

K. Forman · July 28th, 2005, 04:27 PM

In all of the interviews I was a part of, we at SurfGuru.com never offered anyone any compensation. We also never had a release form. All we ever did, was ask for consent to use their recorded interview, and this was usually done on camera before it started.

Then again... SurfGuru was also the group who stuck a lapel mic on a screwdriver, just so there was something to stick the mic flag on ;)

Dan Vance · July 28th, 2005, 06:40 PM

99.9% of the time, you'll have no trouble without a release. But that 0.1% could result in you losing everything you own and more. ALWAYS get a release and ALWAYS do the cash exchange. Depending on the circumstances, and because it may seem embarassing to pay $1, I sometimes make it $5 or even $10.
If you don't do it, you *might* not regret it.
If you do do it, you *absolutely won't* regret it.

Steve House · July 29th, 2005, 07:52 AM

As Dan's post reminded me, releases are like a parachute ... it's far better to have one and not need it than it is to need one and not have it.

Dan Vance · July 30th, 2005, 02:41 AM

Yeah, that's a great way to put it. Wish I'd said that!

Rudy Weitz · July 30th, 2005, 08:40 AM

Many thanks!

Leah Walton · September 29th, 2005, 09:58 AM

Help!!
I took a job last fall and there was a video crew shooting a Documentary.
I finally viewed the film Friday night at the New York Film Festival and thought it was done in very poor taste.I was a designer featured in the film and was shocked at the lies that were made up about me.I was told that my image in the film was a positive one.It was not!It was made to destroy my reputation fully!
Cut and edited to leave out the facts and destroy my reputation as a freelance designer.I am very disappointed in the producer. I never signed a release,but still she used my image in this film without showing me a preview.
I have sent her a legal letter to remove me from this video but she refuses.
What next?

Bob Costa · September 29th, 2005, 09:06 PM

Well I assume your "legal letter" was sent by your attorney, right? That is who you should be talking to.

Dean Sensui · October 3rd, 2005, 01:16 AM

Whenever a story is published with reckless disregard for known facts it leaves the publisher open to a libel suit.

Carol Burnett won a significant libel suit against the National Enquirer and today funds a journalism scholarship through the University of Hawaii.

Andrew Kimery · October 4th, 2005, 02:25 AM

Quote:

Originally Posted by Leah Walton

Help!!
I took a job last fall and there was a video crew shooting a Documentary.
I finally viewed the film Friday night at the New York Film Festival and thought it was done in very poor taste.I was a designer featured in the film and was shocked at the lies that were made up about me.I was told that my image in the film was a positive one.It was not!It was made to destroy my reputation fully!
Cut and edited to leave out the facts and destroy my reputation as a freelance designer.I am very disappointed in the producer. I never signed a release,but still she used my image in this film without showing me a preview.
I have sent her a legal letter to remove me from this video but she refuses.
What next?

I'm not a legal expert by any means, but if you were aware of the camera, and mic and that you were going to be used in this project I don't know if you can demand to be removed from the finished product. In the doc "Some Kind of Monster" Dave Mustane (whom appeared in an on camera interview featured heavily in one scene of the movie) apparently got cold feet after the fact and tried lawyering his way out of the movie, but he had no legal grounds to force the filmmakers to remove him from the movie. Also, unless it's stipulated in a contract somewhere the filmmaker has no obligation to send a copy to you for approval.

If there were out and out lies in the film definitely talk to an entertainment lawyer and see if you have a case.

Andrew

Jim Montgomery · November 24th, 2005, 11:15 AM

Searched my brains out, read every post found under the release search and nothing.

At some point someone (sorry) provided a link to a "legal" site that has a bunch of sample contracts/release forms for the video industry. I am looking in particular for one that can be used to give permission to use video shot by someone else.

Did I bookmark it, No, will I this time, you bet.

If this benefactor can be kind enough to post the link again......

Thanks
Jim

July 3rd, 2005, 03:22 PM	#78
Jim Montgomery Major Player Join Date: Jan 2005 Location: Vero Beach Posts: 392	Release Forms Found these on the Microsoft site. They are Word 2003 document templates. If you can use them be sure and replace my information with yours. http://bellsouthpwp.net/j/m/jmmnt/Re...ecording 2.dot http://bellsouthpwp.net/j/m/jmmnt/Pa...ecording 2.dot

July 28th, 2005, 01:36 PM	#79
Rudy Weitz New Boot Join Date: Jun 2005 Posts: 8	Question on Release Forms I am working on my first documentary, and I need to get release forms from some of the people who I will film. I have a book that says it is necessary to offer them a token amount in order for there to be a legal exchange, i.e., "For the $___ consideration received, I give ______________________ Productoins, its successors and assigns, my unrestricted permission to distribute and sell all still htographs, motion-picture film, video recordings, and sound recordings taken of me for the screen production tentatively titled__________." I kind of dread actually having to offer $1 to people in exchange for their signature. I would think their promise would be enough as long as they know that you are relying on their promise, and you do indeed rely on it by including them in the documentary. Kind of a legal question, but does any one have opinions on how this should be handled?

July 28th, 2005, 04:27 PM	#81
K. Forman Capt. Quirk Join Date: Apr 2002 Location: Middle of the woods in Georgia Posts: 3,596	In all of the interviews I was a part of, we at SurfGuru.com never offered anyone any compensation. We also never had a release form. All we ever did, was ask for consent to use their recorded interview, and this was usually done on camera before it started. Then again... SurfGuru was also the group who stuck a lapel mic on a screwdriver, just so there was something to stick the mic flag on ;) __________________ www.SmokeWagonLeather.us

July 30th, 2005, 08:40 AM	#85
Rudy Weitz New Boot Join Date: Jun 2005 Posts: 8	Appreciate the advice Many thanks!

September 29th, 2005, 09:58 AM	#86
Leah Walton Tourist Join Date: Sep 2005 Posts: 1	Lies,Video and No Release Help!! I took a job last fall and there was a video crew shooting a Documentary. I finally viewed the film Friday night at the New York Film Festival and thought it was done in very poor taste.I was a designer featured in the film and was shocked at the lies that were made up about me.I was told that my image in the film was a positive one.It was not!It was made to destroy my reputation fully! Cut and edited to leave out the facts and destroy my reputation as a freelance designer.I am very disappointed in the producer. I never signed a release,but still she used my image in this film without showing me a preview. I have sent her a legal letter to remove me from this video but she refuses. What next?

May 3rd, 2005, 09:34 AM	#76
Richard Lubash Regular Crew Join Date: Oct 2001 Location: Atlanta, GA Posts: 61	By-the-way, I did do a search but I am looking for information that is specific to documentaries in that I believe they fall under some of the protection that news-gathering does. thanks, Richard

May 3rd, 2005, 05:38 PM	#77
Bob Costa Major Player Join Date: Nov 2004 Location: Venice, FL Posts: 850	If someone is identifiable, get a release (even a verbal videotaped one) or smudge/edit them out. If you can post signs in the restaurant (Caution, videotaping in progress) that buys you some slack. This subject has been beaten to death here, just search back a bit.

July 28th, 2005, 04:22 PM	#80
Steve House Inner Circle Join Date: Mar 2005 Location: Hamilton, Ontario, Canada Posts: 5,742	IANAL, but as I uderstand common law, a release is a contract and a contract only becomes binding when there has been an exchange of valuable consideration between the parties concerned. Since they are giving you something of value, the permission to use their image, you must give them something of value in return.

July 28th, 2005, 06:40 PM	#82
Dan Vance Built the VanceCam Join Date: Apr 2004 Location: Prescott Valley, AZ Posts: 109	99.9% of the time, you'll have no trouble without a release. But that 0.1% could result in you losing everything you own and more. ALWAYS get a release and ALWAYS do the cash exchange. Depending on the circumstances, and because it may seem embarassing to pay $1, I sometimes make it $5 or even $10. If you don't do it, you might not regret it. If you do do it, you absolutely won't regret it.

July 29th, 2005, 07:52 AM	#83
Steve House Inner Circle Join Date: Mar 2005 Location: Hamilton, Ontario, Canada Posts: 5,742	As Dan's post reminded me, releases are like a parachute ... it's far better to have one and not need it than it is to need one and not have it.

July 30th, 2005, 02:41 AM	#84
Dan Vance Built the VanceCam Join Date: Apr 2004 Location: Prescott Valley, AZ Posts: 109	Yeah, that's a great way to put it. Wish I'd said that!

September 29th, 2005, 09:06 PM	#87
Bob Costa Major Player Join Date: Nov 2004 Location: Venice, FL Posts: 850	Well I assume your "legal letter" was sent by your attorney, right? That is who you should be talking to. __________________ You are either growing or dying.

October 3rd, 2005, 01:16 AM	#88
Dean Sensui Inner Circle Join Date: Oct 2001 Location: Honolulu, HI Posts: 2,054	Whenever a story is published with reckless disregard for known facts it leaves the publisher open to a libel suit. Carol Burnett won a significant libel suit against the National Enquirer and today funds a journalism scholarship through the University of Hawaii. __________________ Dean Sensui Exec Producer, Hawaii Goes Fishing

November 24th, 2005, 11:15 AM	#90
Jim Montgomery Major Player Join Date: Jan 2005 Location: Vero Beach Posts: 392	Link to "contracts/releases" Searched my brains out, read every post found under the release search and nothing. At some point someone (sorry) provided a link to a "legal" site that has a bunch of sample contracts/release forms for the video industry. I am looking in particular for one that can be used to give permission to use video shot by someone else. Did I bookmark it, No, will I this time, you bet. If this benefactor can be kind enough to post the link again...... Thanks Jim