Model release for people in background of commercial?
 

Hi,
When filming an ad for a business such as a restaurant, do I need to get a model release from people in the restaurant...say, for a wide shot that pans around and shows people eating there? Or, if I don't show faces, am I OK without a release?
There are 2 situations I'm thinking of in particular - one shot of people at the buffet (not showing faces), and the other is the panning shot.
I don't think the local stations worry about this when they film, but I'm independent and have to think things through.
Thanks,
- John

Many states have right-of-publicity laws which preclude unauthorized commercial use of someone's likeness.

Normally the issue is one of recognizability. Federal law allows them to come after you if they can be recognized.

Let the restaurant buy them lunch if they sign the release.

Journalism has different requirements for releases. Unless you work for a news organization etc. you can't rely on this for protection. Video releases are perfectly acceptable. When I worked in broadcast we would routinely get releases and spellings by having the person just talk on camera.

Is there a simple Model Release form online?
 

I need to find a model release form somewhere and thought some one here may know of one online.
Thanks,
Bryan

Sure thing.

Check out this thread for a couple examples.

Releases?
 

I need some info regarding releases. I posted an upcoming project at another thread, but need info about the proper releases. We are shooting a ride-along type program for public access and will be in contact with the public most of the time. I've got the releases covered for the people we will be riding with, but does anyone know the proper type and procedure for those that might be standing nearby or involved with the Fire or Law Enforcement agecies being covered?
I notice on COPS that 99% of the time the people being arrested are clearly identifiable. Do they actually sign a release?

Do a search in this forum on COPS. That question has been
asked a couple of times already.

Got it! Thanks, Rob.

Sample Contracts and Agreements?
 

Hi there

I know this has been asked before in other threads, but does anyone here have sample contracts or agreements for videography work, ranging from events, to wedding videos, etc...?

Basically a contract on paper that will end up saving your ass if something in the shoot goes wrong.

Thanks.

If anyone out there has any general contracts they would like to contribute, I will happily add them to the knowledge pool in the F.A.Q. with credit to whoever delivers them.

I don't know of a specific "Wedding" contract, but the two books that get used the most here at our office are;

Contracts for Film and Television Industry by Mark Litwak

and

The Complete Film Production Handbook by Eve Light Honthaner.

As I write, we are re-working a location agreement for shooting on a corner in downtwon Houston next month. Handy books.

Hi Richard,

Thanks for the suggestions. I know Mark personally, but I am in Canada and his contracts are worded for the US....so they don't work exactly....unless I modify them...

But as I recall, that first book doesn't have contracts for video work on a small scale, or did it?

How is the second book?

Hi Dylan,

I found some contracts a couple years ago but figure they're worth just what I paid for them--$0.

I still get people to sign them, knowing that it wouldn't save my "assets" if someone got nasty.

Now then, after that great intro, would you want to take a look? I've got: General Release Agreement; General Location Release; Standard Minor Release; Talent/Model Release; Standard Material Release. No idea who authored them, so I sure wouldn't want credit for anything--someone might sue me. :)

Would need to mail copies to you; paper only at this point. If you deemed them acceptable and agreed to save your 14x lens for me (I'm kidding--but do you still have it?), I'd try to type them up in my spare time and email the files to you. It's a BUNCH of words!

a contract doesnt have to be some long drawn out thing. all it needs to be is an agreement on terms and dates for example:

__________________ agrees to provide:

-
-
-
by ____(insert date)_____


__________________ agrees to provide:

-
-
-
by____(insert date)______



X______________________


X______________________

Yup, it's defining what is "agreed" that makes them long. Undefined terms lead to lawsuits.

I don't know of a book specifically for Canada, though I have one from Australia. (Commonwealth no?) SO you had best talk to a Canadian lawyer and see if he can make a recomendation.

I happen to be married to an Intellectual Property lawyer, who looks at the boiler plate contracts I pull out of books and off-line, and tunes them up for me. (Or shakes her head and writes me one from scratch. Trouble is, her prices are so high I can barely afford her... good thing she makes so much money)

Release forms for minors.
 

I mostly shoot footage of BMX riders at our local skatepark. Well today the people who run the park told me I'm not allowed to videotape anyone without a parents consent unless they were an adult. So my question is, where can I get release forms online since I have know idea how to write one up? Also, is there a way to get one that allows me to use the footage in any of my videos that I make? I know that most release forms are made specifically for a single production but when I'm shooting bmx footage, alot of times I don't know what the footage will be used for. So is there a way I can get a release that allows me to use it in whatever video I make? Thanks.

Consult an attorney in your state. Some forms can be written to grant you all rights to the footage. I'm not sure the parents would sign such an agreement. Many activities and venues for youth are becoming increasingly restrictive because of fears of abduction, etc.

you might want to approach the local skate-park about becoming the "official photographer" for the their organization. Give them free pictures for promotional use of their park, in exchange for granting you exclusive rights to photograph within their park. In return, your photo release (written by an attorney) can be incorporated into the parks liability release.

Thanks for the quick reply Jeff. There isn't a problem getting the parents to sign. They are all my buddies so its no big deal. But I just figured, if I'm going to have them sign something, it might as well mean something. That way if for some reason the people at the park decide to scope out all my work and paperwork, I will have something to protect me. Also, this is a city owned facility so I don't know if it is considered a public place or not.

You may need to have your attorney contact the city. It might be publicly owned, but privately operated. Boiler plate agreements can be almost useless in a situation like this. It is best to contact an attorney.

Good question about publicly-owned facility but privately-operated. I would think that if you can simply walk in, then it is public public, compare to public place where you need tickets or something to get in, like a public performance in Central Park but you need tickets to get in.

Eh. Don't worry about it anymore. I got banned today for shooting video. Haha. And this was after I had just gotten all the release forms signed by the riders/their parents. I think its just because the people there dont like me for some reason. They always make up new rules everytime I come there whether I'm riding or shooting video. So today when she started harrassing me about the video camera I tried to tell her that I fulfilled all her requests but she started giving me a snobby attitude so threw a few foul words at her and she told me I'm not allowed back and I told her I would never come back anyway. It was pretty funny. And right after I walked out I called the guy who is supposed to be in charge of the place and he was a total A-hole and he didnt even know what had happened yet. So I deffinately do not want to go back to that place again. There are far better skateparks around this area that are more friendly anyway.

Do I need spearate releases?
 

I am going to be shooting several non-profit street events in a couple of months. They will have signs alerting people that video is being shot, and by staying they give their consent to be taped.

1. I suggested that we should still have a separate release in their vendor agreements, since we will be taping business booths with identifiable logos, etc, and they will actually be "featured" (not incidental) in the video. Does anyone have some words (maybe one paragraph) that we could include in their vendor contract?

2. If the client has releases from appropriate people, what do I need to do to be covered by these releases? What words should I put in my agreement with them so that these releases pass thru to me, and so that I am protected if they fail to get one?

I still need help with this please.

Some suggested language allowing us rights to use their business name and log would be most helpful. Answers to other questions also needed, but not quite as urgent today.

Hey John
If you check out the FAQ for this section, there is a release form for people in there. You can probably reword it to suit your needs.

Maybe I was not clear. Or maybe I am dense. Let me try again.

I am not worried so much about the people for reasons stated. They are out in a public place, signs posted, etc.. What I AM worried about is using a business sign, logo, or trademark. What I think I need is a release that is similar to what you would get from a soup company to shoot their product in a grocery aisle. Not location, not personal, something else (trademarked product??)

ALso, I have never in all my research seen anything that tells me how to protect myself on a "pass-thru" release that my client has already had signed. Everything I read tells me how to get my own releases (and I have plenty of samples), but in this environment that is probably not practical, and client is going to say "We already have releases". I just want to be sure I am covered by them. I have other projects coming with same issue.

John,

I have a multi-line form that I use at events. It has some release verbage on the top and room for 20-25 people to sign below (name, address, signature). I usually place it at the registration table and everyone at the event signs it. In the rare case (never happened yet) that someone does not want to appear identifiablely on screen, I leave a supply of day-glo orange labels that the person places on their shirt. If I see them ahead of time, I don't shoot. If I don't notice them while shooting, I'll pick it up during editing.

Like I said, I have never, to my knowledge, had someone refuse to sign at an event.

The signs are a good idea also. That is what Disney, Seaworld and other tourist destinations use when they are in a production that might include crowd shots.

Good Luck

Release Sign...Please Help!!
 

Hi everyone,

I need some help quick. I need to find the wording to a release sign that basically states that if you walk through this area, you are giving permission for us to record you. I need one by Sat morning, so all comments are greatly appreciated!

Thanks in advance,

Mike

Videotaping in progress. If you do not want to appear on our video, run like hell is chasing you.

OR

Videotaping in Progress. If you walk through this area, you are giving permission for us to record you.

OR

You are now being videotaped. If you object to this, yell really loud and wave your arms like a madman.

okay, I will stop. I must still be tired.... :)

THE COMPLETE FILM PRODUCTION HANDBOOK
by
Eve Light Honthaner

On page 269 - "Wording for multiple signs." There is a release for interior audiences of a show, and one to be placed in an "Area' during taping or filming.

FILMING IN PROGRESS! From ... hours... to .... hours

Production: ...
Representative: ....
Phone: ....

By entering this area (cafe, square..) you are giving permission for your image and voice to be recorded and used in this production.

----

You can add phrases like "the production shall not be liable for injury, damages or loss of property", that would go down badly in most of Europe, but maybe in the States it's wise..
You can print some flyers with more info for people to pick up and take with them...

Thanks to all who replied to this post. We finally used the one out of the Complete Film Production Handbook. Worked out great and there were no complaints at our locations by patrons.


Mike,
MJdoubleD

release form for this one?
 

I've got an auto body repair video coming up at the end of the month. Tomorrow, I'm going to a local car show to shoot some artsy car clips for use in the opening credits and would like to know if you thought it best to use a generic release form or just film without one.

I did the shoot today and brought along some generic release forms...only had one person refuse to sign it.

Not bad at all...got the footage I needed, protected myself, and didn't have a problem doing it.

When I explained that I wanted their car in my project, the cars guys jumped all over it...methinks car guys are ego-centric...lol.

Question about model releases
 

Most of the work I do is commercials, music and performance videos and other scripted shoots. we always get releases from anyone who will be appearing on screen and that's it. I am just embarking on a documentary and many of the shots will be of people in public places (restaurants, parks, city streets) and I was wondering how one deals with that. Obviously if you are shooting in a public place it isn't possible to hand out releases to everyone in the vicinity. Can some one point me to the rules?

Thanks,

Richard Lubash
2K-Plus • Atlanta

By-the-way, I did do a search but I am looking for information that is specific to documentaries in that I believe they fall under some of the protection that news-gathering does.

thanks,

Richard

If someone is identifiable, get a release (even a verbal videotaped one) or smudge/edit them out. If you can post signs in the restaurant (Caution, videotaping in progress) that buys you some slack. This subject has been beaten to death here, just search back a bit.

Release Forms
 

Found these on the Microsoft site. They are Word 2003 document templates. If you can use them be sure and replace my information with yours.

http://bellsouthpwp.net/j/m/jmmnt/Re...ecording 2.dot
http://bellsouthpwp.net/j/m/jmmnt/Pa...ecording 2.dot

Question on Release Forms
 

I am working on my first documentary, and I need to get release forms from some of the people who I will film. I have a book that says it is necessary to offer them a token amount in order for there to be a legal exchange, i.e., "For the $___ consideration received, I give ______________________ Productoins, its successors and assigns, my unrestricted permission to distribute and sell all still htographs, motion-picture film, video recordings, and sound recordings taken of me for the screen production tentatively titled__________."

I kind of dread actually having to offer $1 to people in exchange for their signature. I would think their promise would be enough as long as they know that you are relying on their promise, and you do indeed rely on it by including them in the documentary. Kind of a legal question, but does any one have opinions on how this should be handled?

IANAL, but as I uderstand common law, a release is a contract and a contract only becomes binding when there has been an exchange of valuable consideration between the parties concerned. Since they are giving you something of value, the permission to use their image, you must give them something of value in return.