Release Forms -- Model / Talent / Location etc.

[Sam Shore]

I'm having some release puzzlements with a documentary I'm currently working on. We're filming several students in an elementary school, with their parents' full permission and signed releases and the principal's/teacher's approval. When we film in the cafeteria or classroom do we need to get a signed release from the parents of every child recognizable in the background? I know news crews get around this, don't they? Can you get around this with documentary?

[Chris Luker]

I just filmed my son at school and was told "do not film anyone except my son and his teacher (who signed a release)" by the Superintendent. I would say ask the Super and get him to sign a release stating that you are authorized to film others (good luck!).

[Mark Bournes]

Sam, you have to shoot the kids with out releases from the shoulder down.
(heads cut off) or you have to blur the kids in post who didn't have their parents sign releases. I have a lot of experience with this. For example, in a cafeteria situation have the kids who can be photographed all sit at 1 table. This will save you from having to blur out the others in post, just be aware of the background. Parents are very particular about this subject, and yes they will sue you, the school, and anyone else they can, so be very careful. My advice is too keep the kids with signed releases as seperate as possible from the others, or if you can just shoot everything, and do a lot of bluring in post. But that will cause you and your editor a lot of headaches.
So I would say keep them seperate if you can. Also just try and get as many releases as you can. The less seperation the better. Usually if the parents are well informed about your project they are more willing to let their kids be in it. Good luck,
Mark

[Sam Shore]

Thanks Chris and Mark... groan... I understand all the issues, but I sure don't like the tedium of dealing with them. I have a verbal okay from the super, but I doubt he would agree to sign anything. I'm working on sending home an explanation and releases to the parents of kids in the same classrooms as our three subjects, but the cafeteria presents a challenge with kids from different classes. By the time we organize waivered students in the shot it will hardly seem like a documentary anymore... I think we'll stick to trying to frame non subjects from the shoulder down and close ups and high shots on our subjects. Thanks for helping me sort it out.

[Matthew Delong]

I will be putting together a video year book for the Boy Scouts. I will be taping at one of their ranches in New Mexico. So, there will be minors at the ranch. I will be taping at 30 base camps on the Rocky Mountains during an 11 week period. There will be 25,000 scouts and troop leaders come through the ranch during the summer. As you can imagine keeping track of releases is going to be a nightmare. The scouts are not made to sign a release, but the are sent one in a package they receive. Some have them and some don't. All the staff is made to sign one , so no problem there. The land is owned and operated by the BSA. The DVD will be sold for profit. Some footage will be used for promotional material and web content.

My question is: What do I do? How can I legally tape the scouts without knowing if they have a release or not?

Also, if a scout needs a release, their parents are normally thousands of miles away. It is a production nightmare. Help!!!

[Mark Bournes]

Matthew, I shot something similiar at big bear in California. We made the camp put the kids who had signed releases together. This way we didin't have to worry about shooting kids with unsigned releases. When we shot scenes aroungd the park we stayed wide so no one in particular could be identified. Talk to the people who run the camp, they may be willing to accomodate you in this matter. You can still get all of the activities the camp offers, you just stick to the one's who have releases for your close shots.

Mark

[Matthew Delong]

Originally Posted by Mark Bournes

We made the camp put the kids who had signed releases together. This way we didin't have to worry about shooting kids with unsigned releases.
Mark

Thats the problem. Everything is already pre-planed . A troop comes in on day one and then the next day the go to the mountains, a week later they show back up at camp and then leave.

[Ari Shomair]

I'd like to use some photographs whose copywrite is owned by a professional photographer - does anyone have any release forms for said use?
Thanks

[Stick Tully]

I've shot a music video this week and am now in the editing stage. Once completed i am hoping the video is popular enough for broadcast, the track is a rap song by artists who are now both signed but this song itself isnt. As the song isnt owned by a label im hoping i just need an agreement from the rapper on the track and the guy who made the music

ive looked at this thread

http://www.dvinfo.net/conf/showthrea...ermission+form

which is quite helpful (although the wording of the form is quite complex)

the guy who made the music is actually french and apparently doesnt have the best english but i do have a friend who can translate the contract for me

is it advisable to word the contract

I DJ MONKFISH allow Stick Tully ....

or do i need to find out his actual name and use that wording?

sorry its a bit of a vague thread, this is the best and most professional work ive done yet and so also the first time ive needed to go through this

Stick

[Steve House]

I can't help with the legalities but I will say this - next time get all the required releases and other paperwork signed BEFORE you shoot. Otherwise you could end up with a beautifully shot and edited work that no one will ever see because the necessary paperwork wasn't signed.

[Nate Weaver]

[disclaimer/info: I worked for 3 years as head of video production at a small record label in Los Angeles. In addition my boss and owner of the label was an entertainment lawyer, so I learned a lot from him]

There's quite a few issues here. Nobody is going to know what to tell you on this, because you're in a real weird one. Music vids are usually paid for and owned by the label that commissioned them.

It sounds like you now have a video that I suppose technically you own, because you were not commissioned to make it. But the recording the music video is set to is owned by somebody (either the artist, or the label that has now signed them), and the publishing is either owned by the artist or a company the artists might have sold his publishing to (not necessarily the label).

So technically you would need a licensing agreement saying you can use the recording and the song. But I very much doubt they are going to license anything to you...it's not in their interest. BTW, "DJ Monkfish" doesn't fly on a legal doc. It would have to be his real name.

There's ONE more sticky issue with this, and I'll try to be brief. With rap/DJ acts, when they get signed, a lot of the time the label can't use prior work of the artist because they used uncleared samples. In other words, if a label is signing an artist, and agreeing to release songs, the label has to go through the process of clearing samples for them with the sample's original artist/songwriter, etc. That may be the reason this song isn't associated with the new label.

If you started sending this video out and it had uncleared samples on it, technically you could get an earful from somebody.

There's a boatload of issues involved in you trying to get airplay for your work, even if the artist says ok...there's a roomful of other people that have to sign off on it too.

I'm sorry to bring all this bad news to you, but this is the nature of doing un-commissioned music videos. Usually things like this are only good for the director's reel, and that's it.

If you want the thing to see the light of day, my recommendation would be to find the video dept at the artists new label, and hand it over to them. They have the resources and know-how to get it out. Video programs typically get their videos from the labels, not random video directors.

[Stick Tully]

Originally Posted by Nate Weaver

[disclaimer/info: I worked for 3 years as head of video production at a small record label in Los Angeles. In addition my boss and owner of the label was an entertainment lawyer, so I learned a lot from him]

There's quite a few issues here. Nobody is going to know what to tell you on this, because you're in a real weird one. Music vids are usually paid for and owned by the label that commissioned them.

It sounds like you now have a video that I suppose technically you own, because you were not commissioned to make it. But the recording the music video is set to is owned by somebody (either the artist, or the label that has now signed them), and the publishing is either owned by the artist or a company the artists might have sold his publishing to (not necessarily the label).

So technically you would need a licensing agreement saying you can use the recording and the song. But I very much doubt they are going to license anything to you...it's not in their interest. BTW, "DJ Monkfish" doesn't fly on a legal doc. It would have to be his real name.

There's ONE more sticky issue with this, and I'll try to be brief. With rap/DJ acts, when they get signed, a lot of the time the label can't use prior work of the artist because they used uncleared samples. In other words, if a label is signing an artist, and agreeing to release songs, the label has to go through the process of clearing samples for them with the sample's original artist/songwriter, etc. That may be the reason this song isn't associated with the new label.

If you started sending this video out and it had uncleared samples on it, technically you could get an earful from somebody.

There's a boatload of issues involved in you trying to get airplay for your work, even if the artist says ok...there's a roomful of other people that have to sign off on it too.

I'm sorry to bring all this bad news to you, but this is the nature of doing un-commissioned music videos. Usually things like this are only good for the director's reel, and that's it.

If you want the thing to see the light of day, my recommendation would be to find the video dept at the artists new label, and hand it over to them. They have the resources and know-how to get it out. Video programs typically get their videos from the labels, not random video directors.

thankyou so much for your help thats really great of you to reply, although its not exactly good news atleasts its honest

ill keep you posted

Thanks again

Stick

[Nate Weaver]

I had to go into that length of detail, because your simple question, "What do I put in this agreement?", is not answerable. Even if you drafted a document saying "I, DJ Monkfish, give Stick Tully permission to distribute the music video he directed for the song "xxxxx xxxx" and he signed it, it'd be meaningless, because it's not his permission to give, most likely.

If you want a real answer, from a real entertainment lawyer, for free, call up my old boss's radio show in Los Angeles tomorrow from 9am to 10am PST. That'll be somewhere around 5pm your time I think. www.barelylegalradio.com

It's the best resource for free answers on stuff like this.

[Ben Winter]

Originally Posted by Nate Weaver

Music vids are usually paid for and owned by the label that commissioned them.

Huh? I thought the band/artist usually paid for the music videos themselves...

[Nate Weaver]

Originally Posted by Ben Winter

Huh? I thought the band/artist usually paid for the music videos themselves...

The label commissions the work, and pays for it up front. Which would be the short story.

The long story is that 50% of the cost comes out of the bands recoupables, which is money from the sale of the record that goes to the album recording and promotion costs. So a little bit down the line, the band pays for 50%.

But often in the beginning of the band's relationship with the artists, the label handles everything about how the video gets made, including almost all of the say on who directs it.