Release Forms -- Model / Talent / Location etc. at DVinfo.net

K. Forman · June 27th, 2002, 10:18 AM

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

Edward Troxel · June 27th, 2002, 10:57 AM

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.

Kyle "Doc" Mitchell · June 28th, 2002, 07:59 AM

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

K. Forman · June 28th, 2002, 09:49 AM

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

K. Forman · June 28th, 2002, 02:07 PM

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

John Klein · June 30th, 2002, 12:32 AM

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.

Dylan Couper · October 1st, 2002, 05:54 PM

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______________________

Rob Lohman · October 2nd, 2002, 01:27 AM

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

Dylan Couper · October 3rd, 2002, 01:12 AM

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

Rob Lohman · October 8th, 2002, 03:30 AM

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 _____________________________

B. Moore · October 10th, 2002, 06:04 PM

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

Dylan Couper · October 13th, 2002, 03:19 PM

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. ;)

Becky McMillen · November 2nd, 2002, 10:21 AM

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

Patrick Coker · November 12th, 2002, 01:34 PM

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

Don Donatello · November 12th, 2002, 05:26 PM

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 -

June 27th, 2002, 10:18 AM	#1
K. Forman Capt. Quirk Join Date: Apr 2002 Location: Middle of the woods in Georgia Posts: 3,596	Release Forms -- Model / Talent / Location etc. 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

June 30th, 2002, 12:32 AM	#6
John Klein Regular Crew Join Date: Dec 2001 Location: Wisconsin, USA Posts: 182	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. __________________ < >< . . . . . < >< . . . . . < ><

October 1st, 2002, 05:54 PM	#7
Dylan Couper Wrangler Join Date: Jun 2002 Location: Vancouver, British Columbia Posts: 8,314	permission forms/waivers 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______________________

October 2nd, 2002, 01:27 AM	#8
Rob Lohman RED Code Chef Join Date: Oct 2001 Location: Holland Posts: 12,514	I think a couple of books of mine have such "samples" included. I could scan these in for you if you are interested.... __________________ Rob Lohman, visuar@iname.com DV Info Wrangler & RED Code Chef Join the DV Challenge \| Lady X Search DVinfo.net for quick answers \| Buy from the best: DVinfo.net sponsors

October 8th, 2002, 03:30 AM	#10
Rob Lohman RED Code Chef Join Date: Oct 2001 Location: Holland Posts: 12,514	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 _____________________________ __________________ Rob Lohman, visuar@iname.com DV Info Wrangler & RED Code Chef Join the DV Challenge \| Lady X Search DVinfo.net for quick answers \| Buy from the best: DVinfo.net sponsors

June 27th, 2002, 10:57 AM	#2
Edward Troxel Sponsor: JET DV Join Date: Dec 2001 Location: Southern Illinois Posts: 7,953	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.

June 28th, 2002, 07:59 AM	#3
Kyle "Doc" Mitchell Doconomus Join Date: Nov 2001 Location: Raleigh, NC, USA Posts: 100	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

June 28th, 2002, 09:49 AM	#4
K. Forman Capt. Quirk Join Date: Apr 2002 Location: Middle of the woods in Georgia Posts: 3,596	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

June 28th, 2002, 02:07 PM	#5
K. Forman Capt. Quirk Join Date: Apr 2002 Location: Middle of the woods in Georgia Posts: 3,596	Does anyone know where can I find some templates, or maybe a completed contract to use as a basis? Keith

October 3rd, 2002, 01:12 AM	#9
Dylan Couper Wrangler Join Date: Jun 2002 Location: Vancouver, British Columbia Posts: 8,314	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

October 10th, 2002, 06:04 PM	#11
B. Moore Major Player Join Date: Sep 2001 Location: Glendale, AZ Posts: 181	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

October 13th, 2002, 03:19 PM	#12
Dylan Couper Wrangler Join Date: Jun 2002 Location: Vancouver, British Columbia Posts: 8,314	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. ;)

November 2nd, 2002, 10:21 AM	#13
Becky McMillen Regular Crew Join Date: Jun 2002 Location: Scottsbluff, NE USA Posts: 43	Contracts for projects 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

November 12th, 2002, 01:34 PM	#14
Patrick Coker Regular Crew Join Date: May 2002 Location: Brooklyn,New York Posts: 169	release form 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 __________________ ...all I need is a crumb!

November 12th, 2002, 05:26 PM	#15
Don Donatello Hawaiian Shirt Mogul Join Date: Nov 2001 Location: northern cailfornia Posts: 1,261	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 -