Hey guys,
I am wanting to put together some quick hit video stuff for the website and will need to keep release agreements on file. My question is: Does anyone have a good sample of such a release? I hate to re-invent the wheel if someone has a good one already. Thanks for any help.
Keith

Just in case I was not clear. I am looking for a form for my volunteers to sign releasing rights for me to use their footage on the video.
Thanks,
Keith

Do a search on Yahoo or Google for "video release forms" and you'll get tons of stuff. Sift through it and design your own.

Josh London

Thanks for the suggestion Josh.
Keith

I think there is a photo release form in Kirk Charles' book, "Standing Up Surrounded".

The best person I know to ask about this is ScottRSullivan, who is also a Café member. You can also find him at ReelsInMotion.tv and ReelsinMotion.com He specializes in videos for entertainers, and uses video release form (he once had a sample on his forum, when it was in operation).

- Donald

Donald, thanks for the kind words. You are absolutely correct. I did have a sample on my forum awhile back. (Due to a huge amount of spam, I had to shut it down... a big kudos to anyone who runs a forum, including the Café. The amount of spam is unreal!)

If you are interested, I've placed a sample talent release (similar to the one I use) on my site for you to download. Just go to my site:

Reels in Motion

Then click the "login" button on the top of the page. The password is "arthurdent" to login. (10 points to anyone who catches the reference. *grin*) Please disregard any references to balances due and payments. I use these pages for clients and disabled them for you to make it a free download.

Keith, I really look forward to the videos you produce! You are doing the right thing at the right time. Good luck!!!

Scott

P.S.
Insert the boilerplate, "I am not a lawyer and the form in the link above does not constitute legal advice. Reels in Motion, LLC shall not be held liable. Yada yada yada."

Way to go, Scott! You rock!

- Donald

Keith, one way around this may be available to you - although laws vary from state to state. I have been told by a videographer in North Carolina that if I were to host an event, say for example a dine-in in a closed off portion of a restaurant or a birthday party for the purpose of creating a video promo or demo or photo layout, I could avoid the need for individual release forms. I would simply have to place a legal statement on the invitation and on signs posted at each entrance indicating that entry and participation constitutes legal consent for the perpetual use of each participants image for the purposes of yada yada. You'd probably have to check with a local attorney's office for the particulars. I admit that this is hearsay, but it is another option and a somewhat simpler one for large events.

Very very nice form Scott. Thanks so much for that.

Robert Haas

For a bit more general use or just as another option for ya anyway.

Here's the one we use - it kind of covers the gammit. We use it for any filming or photography of performances\promo shots. I don't remember where I pulled the base of it from, but I've made sure it covers any and all use of any medium. It's easy on the eyes and not intimidating to the folks.

Feel free to use, though you may want to change it to YOUR buisness name:)

RA Model Release

There has been changes in the laws in the last 20 years. some effect filming some effect audio recording.

You do not need a release if the end product is distributed free. As long as you are in public and you are not hiding in the bushes, using a telephoto lense, or climbing up the side of a building to get a shot (you get the idea) You do not need a release.

The copyright laws are also specific about using copyrighted music for your production. If you are not selling your promo you can use any piece of music you like. The copyright laws only apply when money is generated from the sale of a product. So, If you are producing a promotional tape for your own use which you are giving away for free, you do not need releases signed as long as the participants were not filmed secretly.

The copyright laws also state that an individual may make one exact copy of anything, even if it has a patent, as long as it's for your own personal use and you don't intend to sell it. I know this because I have a patent and in doing the patent search myself, I came across this exemption in the law. So, you could make a Rolex watch to the very same exact specifications as the real thing as long as you don't intend to sell it and you only make one of them. It's too much work to create a Rolex from scratch, that's why I buy them already made.

You DO however need a release if you intend to use a picture of a person to sell a product. This is a little different then if they are assisting you at a show because - anyone - could have assisted you at the show, but the person using someone's picture to sell a product is relying on their unique qualities to make them money. Your promotional tape is free, the model or actor is the reason you buy the product. See the difference? Your assistant volunteer is not the reason people hire you. It's your abilities to entertain. No one expects the assistant volunteer to be at their show too therefore they are not the reason someone hires you. The assistant is not in every show so they are not the reason you are paid.

Look at all the magicians web sites where the magician is posing with a celebrity. If the celeb poses for the picture it belongs to the photographer. The poperazi take pictures in public and sell them to magazines, end of story.

My attorney who is also on the forum and is a performer will back me up on this because we've had numerous discussions about it. If you are in public, feel free to shoot. Go forth and produce, my people...

Jay, I appreciate the detailed post regarding the legal advice you were given! Some of what you said is what we were told, however, some of the information I was given differs (and my attorney and I consulted a copyright specialist!).

This is the reason why this forum should NOT be used as legal advice and why you should not take ANY of our advice as fact, but have your own personal attorney research the copyright laws.

Regarding music on a promotional video, you will need several licenses to use copyrighted music in your video. You'll need the following licenses (source):
1. Licenses For Reproduction And Distribution Of Musical Works
2. Licenses For Public Performance Of Musical Works
3. Licenses For Reproduction, Distribution, And Public Performance (By Digital Audio Transmission) Of Sound Recordings (since you are distributing it "publicly" in the legal sense)
4. Licenses For Use Of Music Together With Images (or Audiovisual Works) - Commonly called a "Sync" License or Master Use License, depending on specific use.

I must stress that there is NO difference if the work is commercial in nature or not. Just look all the YouTube takedown notices. The lawyers were out in force claiming copyright violations left and right. And these were all notices for NON commercial use!

And while there is no differentiation between commercial and non-commercial use (ie. you need these licenses no matter what), this brings me to the commercial nature of a promo video.

A promotional video is considered an advertisement and is marketing for you, a commercial business. You will book shows (hopefully!) from your video and, thus, you will make money and profit from the promo video. This is one reason why I use royalty free music in my productions.

So there you have it. Two views from two people. Please consult an attorney and don't take ANYTHING in this thread as legal advice.

Jay, again, thank you for sharing your information (though much was different that my legal advice!)

Scott

Could be the state you are in so, yes, consult your attorney should have been added to my post.

Be sure to check with a real live lawyer.

There are different laws pertaining to different circumstances. Here are a few links that will outline copyright laws - which pertain to books, photos, movies, music. The patent laws are a different issue. If you are a news service or making a documentary or using film for a court case then the copyright laws don't apply and if the records are not sealed then anyone can distribute the images at will.

Here are some links
http://www.unc.edu/~unclng/public-d.htm
http://www.bromsun.com/practices/copyrig......hart.htm

here is website with public domain music.
http://pubdomain.com/gnrlmusicguide.htm
So as you can see there are plenty of conditions that make an image, song or the written word availible to you.

Here is a link to a story about leaving messages on a phone machine
http://caselaw.lp.findlaw.com/scripts/ge......&invol=4
If you hear the answering machine message - you are recording your voice at your own risk.

The term Public Domain is familiar to us all.

Thanks Scott & Jay! Very, very helpful indeed!

I realize it is a slightly different subject, but The Direct marketers assocoation has some very helpful "fill-in-the-blanks" privacy generators for the web, even one for dealing with children online:

http://www.the-dma.org/privacy/privacypolicygenerator.shtml

EP