OT: Video release forms + talent issues?

ken c wrote on 10/28/2004, 1:05 PM
Hi - I'm creating a new how-to DVD for commercial sale in which I'll go around town and interview 5-6 people in a given (cooking related) topic.

Any tips or suggestions re what I should include in the release form, or other tips, to have them sign before I do the video shoots?

I'll have generic backgrounds, so no location trademark issues, and their compensation/(what little there is) will be clearly spelled out ... anything you've all learned "the hard way", or other tips, re what I should consider when shooting strangers for expertise for a how-to video for commercial release?

thanks much,

ken

Comments

Spot|DSE wrote on 10/28/2004, 4:05 PM
Shameless plug.

has all the forms you'd ever need included with the disc.
end shameless plug..
dholt wrote on 10/28/2004, 4:20 PM
1. Make sure you have a film license and/or permit to shoot in the town you are planning on shooting in.
2. Even if there is nothing in the background, make sure you have location releases everywhere you shoot.
2. Make sure you have insurance for your video business. You will need this for license and or permits, location releases.

The absolute best advice I can give you is get an entertainment attorney, if one is not available any attorney familar with contractual agreements should work.

Pay the $200 - $500 and let the attorney draw up the talent releases and location releases. Get the attorney to send you electronic forms so that you can reuse and print them up as needed. Also, do everything under your legal company, this will protect you somewhat from personal lawsuits, especially if your a corporation.

If you do decide to wing it here is an option but I still recommend using an attorney since different states have different laws. http://www.writersstore.com/product.php?products_id=1464

p@mast3rs wrote on 10/28/2004, 4:23 PM
While I am all for shameless plugs, why not explain or answer his question as opposed to trying to make a sale off of him? Not flaming or taking a shot, but if that is the answer then every question on this board could be answered by either "Get Gary's DVD set" or "Buy Spot's DVDs."

Sadly enough, the same questions keep popping up so perhaps if these people got some answers we dont have to see the same questions over and over.
ken c wrote on 10/28/2004, 4:52 PM
Thanks all... geez looks complicated.. thx for the help!

ken
Spot|DSE wrote on 10/28/2004, 5:52 PM
Patrick, it doesn't matter HOW many times a question is asked and answered, it will STILL pop up hundreds of times. Both Edward and I have created EXTENSIVE Vegas FAQ's. As an example, how many times has it been asked why Vegas won't open an avi from a still camera? At least 50 in the past year. But it's been on our site for at least 7 months (since April) and I don't know how long it's been on Edward's site.

As far as Ken's question, the correct answer then is, "Ask an attorney. He'll tell you what to look at, look for."
The correct answer is dependent on where you live, what you intend to do with it, and who is signing. Is it a Work For Hire? (which has been answered on this forum in great detail by myself and Filmy) Is it an actors release? Is there a location release involved? Are you willing to risk using freebie forms from the web?
All those forms, acceptable in all 50 states, come with the DVD I recommended.

Buy a membership in NOLO if you want a very specific answer and don't want to buy a book or DVD. The NOLO kits needed for this particular venture are 3 fold, at a cost of 25.00 each. And that's just for the forms kit.

Ken,
You'll need them to warrant that they can sign the agreement, free of any encumbrances. (Get a lawyer to word this)
You'll need them to sign away rights to your use of their name, and hold you not responsible for how they are edited/presented, and that they have no final say in the editing process. (get a lawyer to word this)
You'll need them to warrant that they are over the age of 18 in most states, 21 in others. (You don't need a lawyer for this)
You'll need to spell out exactly what their compensation will be.
If locations are involved, you need to clear the location, any business names involved, and spell out who is responsible if someone or something gets hurt. Preferably not you. Indemnify yourself. (Have an attorney do this)
You'll usually need to spell out where this will be seen/displayed/distributed ie; television, internet, worldwide, multimedia, DVD all or some of the above. (good idea to have a lawyer word all of this).

You can also use the very slim, but legal releases found on the VASST website or indigipix website. But...they are music releases, not visual releases, and those carry a different tone and weight.

And Patrick, I guaran-damn-tee this question will be asked again. And again.
As it has been before. If I point a link to our FAQ, I get chewed for that, too. Even though the exact answer is there.

Sorry Patrick but I don't think anyone could EVER fault me for not answering posts pretty specifically. In fact, you won't EVER find me saying "you'll find the answer to this or that in my DVD" and then not answering the question.
I'm not a lawyer. I pointed Ken to someone who is a lawyer. Who just happens to be on a VASST DVD. If there were another copyrights DVD, I'd likely point him to that, too.
Sheesh!
p@mast3rs wrote on 10/28/2004, 6:25 PM
Spot,

I think you have misjudged the point I was making. While I agree that the question will be asked again, I was merely suggesting that instead of saying its here on this DVD, at least give some sort of explanation.

I agree that usually your posts are quite detailed and informative. Perhaps it was my mistake for expecting that kind of answer as this question did spark a little intrest in myself.

As I said, it wasnt a flame or a knock on you at all as that was not my intention. My apologies if you thought it was.
ken c wrote on 10/30/2004, 4:09 PM
Thx Spot for the help, excellent points to cover ... appreciate the help as always -- it's very helpful to know the different areas that the contract/release form would need to cover for location & talent ... will do re checking w/atty for correct wording, plus referring to the other dvd resources... thanks!

ken