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The pen and paper aspects of DV -- put it in writing!


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Old September 7th, 2007, 03:10 AM   #1
Major Player
 
Join Date: Mar 2007
Location: Madrid, Spain
Posts: 238
Request for Comments: Generic release form

Hi:

IANAL - I have been working on a generic release form to handle the rights of use on both parts, the "artist" and the "producer". While I see three situations, I pay some artist to act, or I am hired to record or we de a session for the mutual benefit of both, in all cases, regardless of payment, both parties may want to secure his/her own rights of use and restrict the use by the other.

I have found some samples, some are very brief and others very elaborate. I wish to keep it simple and clear or no-one will understand what they agree to. But also flexible to accommodate the different situations.

There may be some things that should be left out, I like to be nice, so I included some possibilities of limitation. The right to authorize use by third parties is intended so that when more than one person is included, I may for example authorize each to use this material in their respective showreels.

Some things might be missing: Disclaimer of liability for unauthorized use by third parties, right to cancel, dissolve or terminate the agreement. I think, regardless of what you write in a contract (unlimited, worldwide till the end of the universe or life as we know it), it can always be dissolved and then you might get into something muddy.

Some limits I am aware of: I know that for minors permission by parent must be included, maybe to make it more generic, the PRODUCER may be a business?

Finally, what worries me most: I live in Spain, I travel a lot, although mostly in EU. How does this resolve? The law that applies is where the contract was signed right? But then, the contract might be void or at best a demonstration of an attempt to clear things out. Are there international laws similar to copyright that applies to talent release forms?

Any comments or suggestions to clarification is highly appreciated, thanks. Erik

OK, so hear it comes:

Relaese form

This document is a formal agreement (CONTRACT) between the ARTIST (talent,
actor, actress, model, artist or performer) and the PRODUCER (photographer,
videographer, cinematographer, director or producer) to establish the
terms and conditions of use of material (photographic, image, sound and
other) produced during the SESSION (session of recording of image and/or
sound media).

The ARTIST acknowledge that all copyright of the produced material is owned
by the PRODUCER and that use, copying, publication and distribution beyond
that which is permitted by this agreement is a breach of copyright and of
this CONTRACT.

The PRODUCER acknowledge the ARTIST's right of image, and that any publication
of material produced during the SESSION beyond that which is permitted
by this agreement is a breach of the rights of image and of this CONTRACT.

PRODUCERs' rights of use:

The ARTIST hereby grants the PRODUCER rights of use (publication and
distribution) of material produced in the SESSION for the purpose(s) and
with the restrictions specified below:

[ ] No rights of use are granted other than private use

[ ] Publication for non-profit use (1)
[ ] Publication for personal promotion (2)
[ ] Publication for commercial benefit (3)

[ ] Publication in any media, including the Internet (4)
[ ] Limited publication in the following media (5): _____________________
_____________________________________________________________________
[ ] Publication only in the following countries (only applies to limited
publication) (6): ___________________________________________________
[ ] Publication only in the following period (7): _______________________

[ ] Grant authorization of use to third parties (other ARTISTS performing
in the SESSION) (8)
[ ] Grant authorization of use to third parties (re-sale) (8)

[ ] Publicatin must state full credits to the PRODUCER (9)
[ ] Publication must not state credits to the PRODUCER or only credits to
the PRODUCER under the following pseudonym (10): ____________________


ARTISTs' rights of use:

The PRODUCER hereby grants the ARTIST rights of use of material produced in
the SESSION and provided for the ARTIST for the purpose(s) and with the
restrictions specified below:

[ Same list or similar to the list of limitations and conditions as above... ]

The PRODUCER may charge a fee for copies provided to the ARTIST no greater
than the costs of materials and handling.


ARTIST (full name): ___________________________ Date of birth: __________
Nationality: _________ Passport or national ID: _________________________

PRODUCER (Full name): _________________________ Date of birth: __________
Nationality: _________ Passport or national ID: _________________________

SESSION ID: _____________ Location: _____________________________________
Date/time (duration): ___________________________________________________
Session: ________________________________________________________________

ARTIST SIGNATURE: PRODUCER SIGNATURE:


________________________________ ________________________________

Notes:

1. By non-profit use is understood publication in media for which no
renumeration is recieved. This includes the publication for the
promotion of the ARTIST/PRODUCER.
2, The ARTIST/PRODUCER may use the material to promote his/her services
to third parties.
3. The ARTIST/PRODUCER may use the material for commercial purposes,
including but not limited to, inclusion in cinematic or tv production
and commercials.
4. By any media, the ARTIST/PRODUCER authorizes the reproduction and
distribution of the material produced in any media or form, broadcast,
electronic, print or other physical and non-physical media, including
the Internet. Publication on the Internet implies authorization to
publish in any country.
5. The produced material may only be used for publication in the listed
media types or named media.
6. Restriction to certain countries is only applicable to the extent
that the media allows such controls. In particular, publication on
the Internet cannot be restricted to any country. Broadcast by
national media providers may imply broad cast internationally
by satelite or other.
7. Limitation to a specific period restricts the PRODUCER/ARTIST's
use of material.
8. Granting authorization of use to third parties must respect the
other limitations specified in this agreement such as non-profit
use only, limitation to certain media or period of time.
9. Any use of material produced must include complete credits to the
PRODUCER/ARTIST
10. Any use of material must exclude complete credits to the PRODUCER/ARTIST
or credit only by use of the specified pseudonym.
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