Release forms for filming live bands? at DVinfo.net

Daniel Hepokoski · January 23rd, 2011, 07:14 PM

Please, can anybody recommend a source for a good template contract to have bands sign before I film their live performances? I've searched books, this site, and beyond, but haven't found anything that quite fits the bill-- just actor releases and studio recording contracts. I'm wary of trying to write such a thing myself, and can't afford a lawyer's help.

Website/book recommendations or any other advice would be much appreciated!

Chris Luker · January 24th, 2011, 03:38 PM

Should be about the same as any other model/actor release.
BUT, you'll also need the rights to the music if you plan on using the audio...

Daniel Hepokoski · January 24th, 2011, 04:25 PM

I'm unclear if it's generally better to have a separate contract for song rights, or if this would usually be done as one comprehensive contract? The artists are performing their own original material (to which they own the rights) so the parties involved are the same.

Steve House · January 25th, 2011, 06:44 AM

Sync rights to a song is a totally different critter from a likeness release for a performer. I'd suggest two separate documents. Pretty standard model releases should be all you need for the people in the band but a song license is a bit more complicated and only involves the songs composers, which may not be the entire group. And are you sure everything in their performance is really original material that they still own?

Daniel Hepokoski · January 25th, 2011, 08:42 AM

Mostly, yes. I know "mostly" isn't sufficient when distribution time comes.

Thing is, there's no way to know in advance what songs will be played, so I can't be 100% sure. Since we're not broadcasting live, and we're in no hurry to distribute... am I correct that sync rights can/should be addressed after the filming, provided it happens before we actually use any footage?

And I can still get the "model" releases from the musicians before the show.

Steve House · January 25th, 2011, 11:55 AM

What do you mean you can't find out ahead of time what they will be playing? You 're working with them on the filming, right? You'll be meeting with them regarding the releases, etc, right? Are they such flakes that they'd actually show up to play a gig and not have planned out in advance a detailed program of what they were going to play and where in the show they were going to play it? Sheesh

Daniel Hepokoski · January 25th, 2011, 12:51 PM

Um, they're not flakes... heh. The next group I'm filming is an international touring act known for performing sets over 4 hours long-- including audience requests and improvisational numbers that couldn't be planned out even if they wanted to. Such spontaneity is generally seen as part of their artistic appeal.

Daniel Hepokoski · January 26th, 2011, 04:16 PM

Thanks, Chris and Steve! You both helped me figure out what I should actually be looking for, and was thus able to find what I need on a trip back to the bookstore.

Greatly appreciated.

January 23rd, 2011, 07:14 PM	#1
Daniel Hepokoski New Boot Join Date: Dec 2009 Location: Portland, Oregon, USA Posts: 6	Release forms for filming live bands? Please, can anybody recommend a source for a good template contract to have bands sign before I film their live performances? I've searched books, this site, and beyond, but haven't found anything that quite fits the bill-- just actor releases and studio recording contracts. I'm wary of trying to write such a thing myself, and can't afford a lawyer's help. Website/book recommendations or any other advice would be much appreciated!

January 25th, 2011, 06:44 AM	#4
Steve House Inner Circle Join Date: Mar 2005 Location: Hamilton, Ontario, Canada Posts: 5,742	Sync rights to a song is a totally different critter from a likeness release for a performer. I'd suggest two separate documents. Pretty standard model releases should be all you need for the people in the band but a song license is a bit more complicated and only involves the songs composers, which may not be the entire group. And are you sure everything in their performance is really original material that they still own? __________________ Good news, Cousins! This week's chocolate ration is 15 grams!

January 25th, 2011, 11:55 AM	#6
Steve House Inner Circle Join Date: Mar 2005 Location: Hamilton, Ontario, Canada Posts: 5,742	What do you mean you can't find out ahead of time what they will be playing? You 're working with them on the filming, right? You'll be meeting with them regarding the releases, etc, right? Are they such flakes that they'd actually show up to play a gig and not have planned out in advance a detailed program of what they were going to play and where in the show they were going to play it? Sheesh __________________ Good news, Cousins! This week's chocolate ration is 15 grams!

January 24th, 2011, 03:38 PM	#2
Chris Luker Major Player Join Date: Oct 2005 Location: Woods Cross, Utah Posts: 310	Should be about the same as any other model/actor release. BUT, you'll also need the rights to the music if you plan on using the audio...

January 24th, 2011, 04:25 PM	#3
Daniel Hepokoski New Boot Join Date: Dec 2009 Location: Portland, Oregon, USA Posts: 6	I'm unclear if it's generally better to have a separate contract for song rights, or if this would usually be done as one comprehensive contract? The artists are performing their own original material (to which they own the rights) so the parties involved are the same.

January 25th, 2011, 08:42 AM	#5
Daniel Hepokoski New Boot Join Date: Dec 2009 Location: Portland, Oregon, USA Posts: 6	Mostly, yes. I know "mostly" isn't sufficient when distribution time comes. Thing is, there's no way to know in advance what songs will be played, so I can't be 100% sure. Since we're not broadcasting live, and we're in no hurry to distribute... am I correct that sync rights can/should be addressed after the filming, provided it happens before we actually use any footage? And I can still get the "model" releases from the musicians before the show.

January 25th, 2011, 12:51 PM	#7
Daniel Hepokoski New Boot Join Date: Dec 2009 Location: Portland, Oregon, USA Posts: 6	Um, they're not flakes... heh. The next group I'm filming is an international touring act known for performing sets over 4 hours long-- including audience requests and improvisational numbers that couldn't be planned out even if they wanted to. Such spontaneity is generally seen as part of their artistic appeal.

January 26th, 2011, 04:16 PM	#8
Daniel Hepokoski New Boot Join Date: Dec 2009 Location: Portland, Oregon, USA Posts: 6	Thanks, Chris and Steve! You both helped me figure out what I should actually be looking for, and was thus able to find what I need on a trip back to the bookstore. Greatly appreciated.