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


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Old July 26th, 2009, 08:47 PM   #1
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Model Release for DVD

Hi,

A martial arts club paid me to put together a training DVD for them and the project is now completed and the client is super happy. However I did not manage to get model releases from all of the people in the video, so am I able to put together a document which transfers the liability to the client (as it is all their members) for release of the people?

If I can does anyone have a copy of a document / know where I could get one from?

Cheers

Jon
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Old August 3rd, 2009, 04:13 PM   #2
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Unless you have a contract stating the contrary, it's implied that the video they've paid you to produce will come with all the rights. You can't dump that responsibility on them now that you've taken the money.

You have to get the forms signed, or refund the money.


J.
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Old August 4th, 2009, 07:45 PM   #3
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Thanks Jacques,

I actually had a contract written and got the client to sign, they were fine with that. Lesson learned though and having a stack of model releases on hand is something that I will definitely always do.

Jon
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Old September 7th, 2009, 04:08 PM   #4
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another case

I'm doing a doco on a musician who lectures at the Conservatorium. He also happens to be a close friend. He's invited me to film some talks he will be giving there. In some instances there may be upwards of 50 people in the lecture. To add to the possible complication, several of the students may come in late or leave earlier than others. I am busy filming of course with 2 cameras to boot. What would be the go as far as model releases are concerned in this instance??

BTW I intend to try to sell this doco to a tv station.

Last edited by Peter Damo; September 7th, 2009 at 04:10 PM. Reason: add detail
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Old September 7th, 2009, 04:57 PM   #5
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Quote:
Originally Posted by Peter Damo View Post
I'm doing a doco on a musician who lectures at the Conservatorium. He also happens to be a close friend. He's invited me to film some talks he will be giving there. In some instances there may be upwards of 50 people in the lecture. To add to the possible complication, several of the students may come in late or leave earlier than others. I am busy filming of course with 2 cameras to boot. What would be the go as far as model releases are concerned in this instance??

BTW I intend to try to sell this doco to a tv station.
For this situation, people just visible in the audience but not featured on camera, post signs at all the entrances stating that the presentation is being filmed and by entering they are granting permission to use their images.

Jonathan, while your client may have been willing to accept liability for the releases, that really doesn't get you off the hook. As producer you are the one who is required to make sure all the "i's" are dotted and "t's" are crossed. You client might endemnify you in the event of a lawsuit but what will happen is the aggrieved party will sue you, then after you lose, you will have to get reimbursed by your client for your losses. It usually works the other way around, where the client requires the producer to endemnify him against losses caused by the videographer's oversights - in theatrical and broadcast production that give rise to the need for producers to take out "E & O" (Errors and Ommissions) Insurance covering their productions before they can secure distribution.
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