Film & Digital Video Release Form

How important a release form is to your film or video production depends on how you intend to use the audio, video, or photographs your camera lens has captured? What I mean is that there are actually instances, in film and video production, where a talent or location release form may not be necessary. For example, if your work is produced for editorial purposes and you represent a news organization you don't need to worry about a release form or waver, however, if you're not a news organization you might be headed for a grey area without a waiver or release form. Even documentaries that are editorial in scope can stray into that same grey area where it might not be clear whether you need be concerned about a signed release or not, and a miscalculation could lead to a post-production snag that can prevent all or part of your work from being shown.

Who would do such a thing, you might ask? Well in one case I know of the very people who agreed to participate in your production, offering their information, location, and expertise freely at first, until you show up sometime later and try to explain to them how the simple project you put together to try and draw attention to your production skills, or your brand, has now drawn so much attention the production project they worked on had gone viral, nationwide, all over the world and we're about to be rich---so could you please sign this release so I can go accept my award?

This post explores the ins and outs of the talent and location release form and when to use a release form. There, by-the-way a happy ending to that situation referenced above, the post-release signing went well, but because they weren't sure they needed a release in-the-beginning, they had to track down the talent in the video segment to get the release form signed. (one of the signers had moved out of state) It pays to be prepared when something you worked on commercially attracts someone interested in buying your work, and among the first questions they ask is: do you have the releases for the people and the locations shown in your production? In other words, do you own all the rights to your film or video?

You want to be in a position to answer yes to questions like that so, as a rule, anyone who will appear in your film or video production, whether they have a speaking part or not, should sign a talent release form. You should also obtain consent, in writing, to use any private location's that appears in your film. Always try to be mindful of where you are shooting, some places like ballparks and amusement parks that you might think of as public places, in reality, are considered private spaces; where commercial camera work is concerned. When in doubt get a signed release and protect your future self from any future legal troubles. Another thing to be careful about is showing products in your shot. Unless you can get a signed release form from the maker of any product shown in your film/video production, especially if you can read the product label in the shot (Coke, Nike, Budweiser or any other recognizable product name) find a way to hide the product label or, even better, don't use the shot.

Make sure that anyone who signs your talent, or location release form is 18 years or older. Anyone under the age of 18 must have a parent or legal guardian sign for them. There are plenty of places online to see what a release form looks like, or download for free. I like the idea of having a release form tailored to my production needs. The reason is not every release form may apply to your production needs, so if you only deal with still photographs or audio recordings a film and digital video production release form might not fit your needs. The ideal situation would be to have your legal person go over or help you create your own production specific talent, or location release form, or waver.

Some of the things every good release form should have is a line the identifies what your release form is for (talent, private property consent, audio) a clear statement that you will have the right to sell or assign to a third party your film or video material containing the video images and any private location shown in your production. Your release form should spell out the fact that the signing is irrevocable so that you won't need to set up a two separate filing system for releases that are usable and releases that are not, your release for should also make it clear that the person signing the release knows upfront they can not terminate the agreement at any time. Noted that the release is signed by the individual appearing in the film, or the person granting consent to use a private location. Keep in mind what I said about someone under the age of 18 and you should be on your way to figuring out which release form best suits your production needs.

Unless you can prove, in writing, that you own all of the rights to the digital video or films projects you create and intend to market commercially it will be hard to get a major player like, distributor, and other media outlets, to invest in your work without the fear of being sued themselves, for accepting your work. Protect the film or video work you create with the knowledge that anything of a commercial nature (a product image) or any person that appears in front of your camera could pose a legal problem unless you take the steps to protect your work. If you can't license it, or get your talent or the person in charge of a private property location to sign a release form or wavier ( I think you know what to do) don't use that footage in a production you plan to market commercially.