Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Creating a Video Release Form

9 Jun 2023
25 min
Text Link

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Creating a high-quality video takes plenty of effort, time, and money - but the most critical part of the process is ensuring you have the legal rights to release it. This is why a video release form is so important. Neglecting to take the necessary precautions in this area can lead to various problems for filmmakers and people featured in their videos, including copyright infringement, invasion of privacy, or defamation of character.

To ensure everyone has their legal rights in order and avoid any potential issues that may arise from releasing video content, filmmakers, editors, and production companies should make sure they always create a suitable video release form before distributing it. It should outline what each party involved in the creation of the film will receive (such as royalties or fees), how it’s going to be used, and any other relevant details. This goes beyond simply being a legal requirement - it’s also good practice as it guarantees all parties involved are aware of their responsibilities while making sure they’re complying with applicable laws.

The Genie AI team provides a range of free high-quality legal templates so anyone can draft effective release forms without needing an experienced lawyer or paying large sums for one either. Our template library gives users access to millions of datapoints showing them just what market-standard forms look like. With Genie AI’s help you can easily customize these documents since our detailed guidance provides step-by-step instructions on how to do just that! So if you’re looking for assistance with creating your own unsigned video release form today then explore our template library!

Definitions

Researching - Looking into something to find information.
Clause - A section of a legal document which contains specific information.
Familiarizing - Becoming familiar with something by learning about it.
Identifying - Recognizing or understanding something.
Discussing - Talking about something.
Defining - Explaining the meaning or exact nature of something.
Outlining - Writing down the main points of something.
Setting - Establishing or deciding something.
Determining - Finding out something by examining or researching it.
Drafting - Writing something in a preliminary form.
Obtaining - Getting something.
Distributing - Giving out something to different people.
Seeking - Searching for something.
Legal Advice - Professional advice given by a lawyer.

Contents

  1. Understanding the Basics of Video Release Forms
  2. Researching the types of Video Release Forms
  3. Familiarizing yourself with the standard clauses
  4. Identifying the Parties Involved
  5. Identifying the Filmmaker
  6. Identifying the Parties Appearing in the Video
  7. Discussing the Rights of the Parties
  8. Discussing the rights of the Filmmaker
  9. Discussing the rights of the Parties Appearing in the Video
  10. Defining the Scope of Use
  11. Defining the scope of the Filmmaker’s usage
  12. Defining the scope of the Parties Appearing in the Video’s usage
  13. Outlining the Duration of Rights
  14. Setting the expiration date for the Filmmaker’s usage
  15. Setting the expiration date for the Parties Appearing in the Video’s usage
  16. Setting the Territory of Use
  17. Setting the geographic area for the Filmmaker’s usage
  18. Setting the geographic area for the Parties Appearing in the Video’s usage
  19. Determining the Fees for Use
  20. Determining the fees for the Filmmaker’s usage
  21. Determining the fees for the Parties Appearing in the Video’s usage
  22. Drafting the Release Form
  23. Drafting the language of the Release Form
  24. Signing and Securing the Release Form
  25. Obtaining the signatures of the Parties Involved
  26. Securing the Release Form in a safe place
  27. Distributing the Release Form
  28. Distributing the Release Form to the Parties Involved
  29. Distributing the Release Form to the appropriate third-parties (if applicable)
  30. Seeking Legal Advice on Video Release Forms
  31. Researching the legal requirements for Video Release Forms
  32. Seeking legal advice from an attorney (if necessary)

Get started

Understanding the Basics of Video Release Forms

  • Understand what a video release form is and why it’s important
  • Learn the components of a video release form (e.g. name of the participant, video description, release type, etc.)
  • Become familiar with the legal language of a video release form
  • Read up on the copyright laws associated with video release forms
  • Acquire all the necessary information to complete the form (e.g. full name of the participant, date of birth, etc.)

When you can check this off your list:

  • You have a thorough understanding of the basics of video release forms
  • You know the components of a video release form
  • You know the copyright laws associated with video release forms
  • You have all the necessary information to complete the form

Researching the types of Video Release Forms

  • Identify the types of video release forms available, such as a celebrity release form, a model release form, a location release form, and a talent release form
  • Research the purpose and content for each type of form to determine which is applicable for the video release
  • Look into any state-specific laws that may need to be taken into account when creating the video release form
  • Make note of any additional sections that may need to be included in the form
  • Once you have identified the applicable form and have gathered the appropriate content, you can move on to the next step.

Familiarizing yourself with the standard clauses

  • Read through the standard clauses of a Video Release Form, such as the individual’s right to privacy, legal age, and other conditions
  • Make a list of the clauses you need to include in your Video Release Form
  • Review any applicable state or federal guidelines and regulations that may apply
  • Note any other relevant clauses that you may want to include
  • Once you have a clear understanding of the standard clauses you need to include in your Video Release Form, you can move on to the next step of identifying the parties involved.

Identifying the Parties Involved

  • Gather the names, addresses, and contact information for all parties involved in the video production
  • Identify the producer, director, and any other crew members who need to sign the release form
  • Make sure to include any actors, voice talent, narrators, or other contributors to the video
  • Confirm that the form is legally binding with all the parties involved in the production
  • Once you have identified all the parties involved and confirmed the form is legally binding, you can check this step off your list and move on to the next step.

Identifying the Filmmaker

  • Obtain the name and contact information of the filmmaker who will be producing the video
  • Ensure that the filmmaker has full knowledge of the process, including:
  • What the video will be used for
  • Who will own the video once it has been produced
  • What the payment will be for the video
  • Make sure the filmmaker is aware of any other parties involved in the project
  • When all of the information has been collected and all parties are aware of the process, you can check this off your list and move on to the next step.

Identifying the Parties Appearing in the Video

  • Gather all names of the people who will appear in the video
  • Have each sign a copy of the release form
  • Ensure all the necessary information, such as name, address, phone number, and email address of each person, is included in the form
  • When all parties have signed the form, you can move on to the next step.

Discussing the Rights of the Parties

  • Discuss what rights the parties involved (including the filmmaker) have to the video
  • Understand who owns the copyright to the video and what rights each party has to reproduce, distribute, and exhibit the video
  • Agree on who can use the video and for what purpose
  • Agree on the length of time the video can be used and the territories in which it can be used
  • Agree on any fees associated with the video and how the fees will be paid
  • Agree on any additional uses of the video not covered in the contract
  • Ensure the contract is properly signed and dated by all the parties involved

You’ll know you can move on to the next step when all the rights of the parties have been discussed and agreed upon.

Discussing the rights of the Filmmaker

  • Review the film or video project with the filmmaker to ensure that the rights are clear
  • Ask the filmmaker if they need to obtain any additional rights from other parties
  • Discuss if the filmmaker will want to retain ownership of the video or if you will be granted the rights
  • Ask the filmmaker if they will need to provide any additional documentation to prove that they have the rights to the video
  • Discuss any restrictions or limitations that the filmmaker may have with the video release form
  • Consider any additional clauses that may need to be included in the video release form to protect the rights of the filmmaker
  • Once all of the rights are discussed and agreed upon, make sure to have the filmmaker sign the video release form
  • Once the filmmaker has signed the form, you can move on to the next step of discussing the rights of the parties appearing in the video.

Discussing the rights of the Parties Appearing in the Video

  • Have all parties involved in the video (e.g. actors, presenters, performers, crew) review their rights and responsibilities in the video release form
  • Explain to the parties involved in the video what type of activities you are expecting them to perform
  • Get each party’s written consent to appear in the video and agree to abide by the terms of the video release form
  • Make sure that each party understands and agrees to the terms of the video release form
  • Have each party sign the video release form
  • You can check this off your list and move on to the next step once all parties have signed and returned the video release form.

Defining the Scope of Use

  • Outline the exact type of usage that the filmmaker intends to make of the video, including but not limited to the media outlets, number of views, and length of time the video will be used
  • List out the exact types of usage rights the filmmaker will have, such as the right to edit, duplicate, and distribute the video
  • Discuss and agree on the payment terms for the usage rights, including the amount to be paid, payment date, and any other relevant details
  • Specify the date of the agreement and the date of the video release
  • When both parties have agreed on the terms and signed the form, you can check this off your list and move on to the next step.

Defining the scope of the Filmmaker’s usage

  • Determine the specific rights and permission the filmmaker needs to use the video - such as whether they will be able to edit and distribute the video, or just distribute it
  • Identify any specific geographic or other restrictions on the filmmaker’s usage of the video
  • Specify the timeframe for the filmmaker’s usage of the video
  • Specify any other conditions or limitations on the filmmaker’s usage of the video
  • Once you have determined and specified all the rights, permission, restrictions, and conditions for the filmmaker’s usage of the video, you can check off this step and move on to defining the scope of the parties appearing in the video’s usage.

Defining the scope of the Parties Appearing in the Video’s usage

  • Identify all parties appearing in the video including actors, crew, or anyone else that appears in the video
  • Outline what rights the parties appearing in the video will have to the video, such as if they can reproduce, distribute, or broadcast the video
  • Specify if there will be any compensation for parties appearing in the video
  • State that the parties appearing in the video have the right to review the video before its release

Once you have completed these steps, you can check off this step and move on to the next step of outlining the duration of rights.

Outlining the Duration of Rights

  • Specify the duration of the rights the filmmaker is being granted (e.g. 1 year, 5 years, etc.)
  • Include a clause to ensure the filmmaker does not use the video for an extended period of time
  • Set a clear expiration date for the filmmaker’s usage of the video
  • Make sure to include a clause that specifies the rights will be terminated if the filmmaker fails to comply with the terms of the agreement
  • Once you have outlined the duration of rights and included the terms noted above, you can check this step off your list and move on to the next step.

Setting the expiration date for the Filmmaker’s usage

  • Establish the length of time that the filmmaker is allowed to use the video for promotional purposes
  • Consider the best time period for the video to be used and when it should expire
  • Note that this expiration date should also take into account any re-releases of the video
  • State the expiration date for the filmmaker’s usage in the release form
  • Re-read the entire release form to ensure that all the information is correct and the expiration date for the filmmaker’s usage is accurate
  • Once you have confirmed that the expiration date for the filmmaker’s usage is correct, you can move on to the next step.

Setting the expiration date for the Parties Appearing in the Video’s usage

  • Determine how long you’d like the Parties Appearing in the Video to have the rights to use the video
  • This can be the same as the expiration date of the Filmmaker’s usage or it can be different, depending on your needs
  • Make sure to include an expiration date for the Parties Appearing in the Video in the Video Release Form
  • Once the expiration date for the Parties Appearing in the Video has been set in the Video Release Form, you can check this step off your list and move on to setting the Territory of Use

Setting the Territory of Use

  • Determine which countries or regions the Video Release Form should cover
  • Consider whether the Form should be applicable to only a specific country or region or should be global in scope
  • Specify the exact countries or regions in the Video Release Form
  • Make sure both parties (filmmaker and parties appearing in the video) agree to the terms of the Video Release Form
  • Once the territory of use is set, you can proceed to the next step of setting the geographic area for the filmmaker’s usage.

Setting the geographic area for the Filmmaker’s usage

  • Decide on the geographic area in which the Filmmaker is allowed to use the video.
  • Make sure the geographic area is clearly defined and written down in the form.
  • Consider if the geographic area needs to be limited to a certain country, region, or even a city.
  • Make sure that the geographic area is specific and well-defined.
  • Check off this step when you make sure the geographic area for the Filmmaker’s usage is written down in the form.

Setting the geographic area for the Parties Appearing in the Video’s usage

  • Decide whether the parties appearing in the video will be allowed to use it in the same geographic area as the filmmaker or in a different area.
  • Specify the geographic area in which the parties appearing in the video can use the video in the release form.
  • Once you’ve decided on the geographic area for the parties appearing in the video and have included this in the release form, you can check this off your list and move on to the next step.

Determining the Fees for Use

  • Determine the usage fees for the parties appearing in the video by considering factors such as the length of the video, the number of times it will be used, and the geographic area for the usage
  • Depending on the scope of the video, you may need to negotiate different usage fees for each party involved
  • Once you have come to an agreement on the fees, you can move on to the next step: determining the fees for the Filmmaker’s usage.

Determining the fees for the Filmmaker’s usage

  • Determine the fees for the Filmmaker’s usage of the video. This includes all fees related to the use of the video, such as production fees, editing fees, and any other fees associated with the video production.
  • Calculate the total fees for the Filmmaker’s usage.
  • Include the calculated fees in the Video Release Form.
  • When the fees have been included in the Video Release Form and agreed upon by both parties, this step can be checked off the list and move on to the next step.

Determining the fees for the Parties Appearing in the Video’s usage

  • Get in touch with all the parties appearing in the video to determine their fee for the usage of the video
  • Agree on the amount that each party needs to be paid in return for the usage of their video
  • Make sure to document all the details of the agreed fee in the release form
  • Once you have documented all the details of the agreed fee with the parties appearing in the video, you can move on to the next step of drafting the release form.

Drafting the Release Form

  • Research the best contract language to use in the Release Form
  • Draft the Release Form, including any terms and conditions that will legally protect you and the parties appearing in the video
  • Ensure that the Release Form covers all the fees and payments that have been agreed to in the previous step
  • Include a signature section for the parties appearing in the video to sign
  • Once the Release Form has been drafted and agreed upon, the next step is to draft the language of the Release Form

When you have completed this step, you will have a signed Release Form from the parties appearing in the video.

Drafting the language of the Release Form

  • Brainstorm potential language you want to include in the release form
  • Draft the language of the release form in accordance with the purpose of the video
  • Include language that indicates the participant has given their permission to use the video
  • Describe the use of the video, such as for online marketing or educational materials
  • Make sure all parties involved understand the terms of the release form
  • Make sure the language of the release form is legally binding
  • Get the necessary approvals from your legal team
  • Check that all parties involved are in agreement with the language of the release form

You will know you can check this off your list and move on to the next step when all parties involved have agreed to the language of the release form and have signed off on it.

Signing and Securing the Release Form

  • Have the parties involved sign the Video Release Form
  • Ensure that both parties have a copy of the signed release form
  • Have the parties involved initial each page of the release form
  • Once all parties have signed and initialed the form, it is considered legally binding
  • Check this step off your list when all parties have signed and initialed the form

Obtaining the signatures of the Parties Involved

  • Ask the parties involved to sign the release form
  • Make sure that the form is signed in the presence of a witness
  • Ask a witness to sign the release form as well
  • Check that all the required information is present on the form
  • Once all the signatures and information are present, you can move on to the next step of securing the release form in a safe place.

Securing the Release Form in a safe place

  • Store the Release Form in a secure place, such as a locked file cabinet or folder on a private computer.
  • Make sure that only you have access to this secure location.
  • Once the Release Form is stored in a safe place, you can check this step off your list and move on to the next step.

Distributing the Release Form

  • Reach out to all parties involved in the video and provide them with a copy of the release form
  • Ask each party to sign the form and return it to you
  • Make sure you keep a copy of the signed form for your records
  • Once all the forms have been signed and returned to you, you can check this step off your list and move on to the next step.

Distributing the Release Form to the Parties Involved

  • Reach out to each of the parties involved in the video project and provide them with a copy of the release form.
  • Verify that each party has received the form and is aware of the requirements.
  • Ask each party to sign and return the video release form.
  • Follow up with any parties who have not yet signed and returned the form.
  • Once all parties have signed and returned the form, then you can move on to the next step.

Distributing the Release Form to the appropriate third-parties (if applicable)

  • Identify any third-parties that need to provide consent for the use of the video.
  • Provide copies of the video release form along with a cover letter to explain the purpose of the form.
  • Ensure the third-party is fully aware of the terms of the release form and any potential implications.
  • Make sure the third-party is able to contact you with any questions or concerns.
  • Follow up with the third-party to make sure they have received the release form and are comfortable with the terms.
  • Collect copies of the signed release forms from the third-party.

You will know that this step has been completed when you have successfully distributed the release form to the appropriate third-parties and have collected all signed copies of the release forms.

Seeking Legal Advice on Video Release Forms

  • Contact a lawyer or legal expert to discuss the specificities of your video release form
  • Ask for advice on the content of the release form, such as what language should be included, whether you need to cover certain legal issues, etc.
  • Take notes on the advice you receive, and make any necessary changes to the language of the form
  • Once the language of the form has been finalized, you can check off this step and move on to the next step of researching the legal requirements for Video Release Forms.

Researching the legal requirements for Video Release Forms

  • Search online for information on video release forms
  • Look for websites, articles, and other sources that provide information about video release forms
  • Read through the information found to get a better understanding of what legal requirements are needed for video release forms
  • Make a note of any relevant information needed for the form
  • Once you have a good understanding of what legal requirements are needed for video release forms, you can move on to the next step.

Seeking legal advice from an attorney (if necessary)

  • Contact an attorney to discuss the legal requirements for the video release form.
  • Ask the attorney what information should be included in the form and if the form needs to be notarized.
  • The attorney can also help you determine if any additional legal documents are needed.
  • When you have all the information required, you can have the attorney review the form for accuracy.
  • Once you have received legal advice and reviewed the form, you can check this off your list and move on to the next step.

FAQ

Kevin - Is a video release form the same as a standard contract?

A: No, a video release form is not the same as a standard contract. A video release form is a specific type of document that outlines an agreement between two parties regarding the use of recorded video or audio material. The provisions and terms of this agreement are typically different from those of a standard contract, as they relate to copyright and intellectual property rights as they pertain to video and audio recordings.

Abigail - What should I consider when creating a video release form?

A: When creating a video release form, there are several important considerations to take into account. First, be sure to clearly define the scope of the agreement in terms of what type of material it covers, when it takes effect and when it expires. Additionally, you should ensure that all parties involved are identified by name and signature, and that all relevant provisions, such as indemnification for any losses incurred during filming, are included. Finally, be sure to include language that complies with applicable laws in your jurisdiction.

Melinda - Do I need to include any specific clauses in my video release form?

A: Yes, depending on your specific needs, there are certain clauses that you should consider including in your video release form. For example, you may need to include clauses related to copyrights and intellectual property rights, indemnification for losses incurred during filming, and confidentiality agreements. Additionally, you may wish to include language regarding the future use of the recording and any applicable royalty payments.

Nathan - Does my video release form have to be in writing?

A: Yes, it is generally recommended that all agreements related to filming or recording be put into writing in order to avoid any potential disputes or misunderstandings down the line. This ensures that all parties involved understand their rights and obligations under the agreement.

Emily - Is it necessary for both parties to sign a video release form?

A: Yes, it is typically required for both parties involved in the agreement – the person recording and the person being recorded – to sign a video release form in order for it to be legally binding. This ensures that all parties involved understand their rights and obligations under the agreement, and helps protect against potential disputes or misunderstandings down the line.

Daniel - What happens if I don’t use a video release form?

A: If you choose not to use a video release form when filming or recording individuals or groups, you may be exposing yourself to potential legal issues in the future if someone decides to challenge the use of their likeness or recorded material. Additionally, if you are using copyrighted material or music without permission or consent, you could face copyright infringement issues down the line if you do not use a written agreement outlining all parties’ obligations and rights with respect to the material used.

Sarah - Do I need separate video release forms for each person being filmed?

A: Yes, if you are filming multiple people or groups then it is generally recommended that each person or group have their own individual signed agreement outlining their rights and obligations with respect to their likeness or contribution being captured on film or audio recording. This helps reduce confusion later on if there is ever any dispute over who owns what part of the final product.

Bill - Are there any special considerations I should make for minors when creating a video release form?

A: Yes, when creating a video release form involving minors there are additional considerations that should be taken into account. For example, due to their age minors may not be legally able to enter into contracts without parental consent or supervision; therefore it is important to ensure that both parents (or guardians) sign off on any agreements involving minors before filming begins. In addition, minor’s rights with respect to their image must also be taken into account; depending on your jurisdiction this could mean obtaining additional releases or waivers from parental figures prior to filming or recording minors.

Lisa - Does my video release form need to comply with UK law?

A: Yes, depending on where your business is based and where you intend to distribute your recordings you may need your video release forms (and any other contracts related to production) to comply with laws in multiple jurisdictions (e.g., UK law). This can include provisions related copyright law as well as other local laws pertaining to data privacy and protection of personal information/images. It is important therefore that you familiarise yourself with applicable laws before creating your agreements so as not avoid any potential legal issues down the line.

Nick - Are there any special considerations I should make when creating a video release form for clients located outside my country?

A: Yes, if you are creating an agreement with someone located outside of your country then there may be additional considerations which need to be taken into account in order for your agreement comply with applicable laws relating to copyright protection and data privacy in both countries involved (e.g., UK/USA). Additionally, it may also be necessary for both parties involved in the agreement sign two copies of the document (one copy for each jurisdiction) so as provide protections from either side.

Jenna - Are there different types of video release forms depending on my industry sector?

A: Yes, depending on your industry sector (e.g., technology/SaaS) there may different types of provisions which need to be included in your agreements related to protecting intellectual property rights (e.g., software code) as well as ensuring compliance with applicable data privacy laws (e.g., GDPR). It is important therefore that you familiarise yourself with relevant laws prior creating your agreements so as ensure they provide adequate protection for both parties involved.

Christopher - What happens if I change my business model after signing a video release form?

A: If you change your business model after signing a video release form then this may invalidate certain portions of your agreement; therefore it is important that both parties involved take steps ensure they are aware of any changes which could affect their rights under the agreement prior making them (e.g., via an addendum clause). Additionally, if any changes involve additional countries then an additional signed copy of the agreement may also be required so as provide adequate protection from either side under applicable laws within those countries (e.g., GDPR).

Rachel - Are there specific clauses I should consider when creating a SaaS-related video release form?

A: Yes, when creating an agreement related specifically SaaS then it important consider clauses which relate specifically protecting intellectual property rights associated with software code such as code ownership clauses and user access/usage restrictions clauses (e.g., requiring users keep passwords secure). Additionally, depending on jurisdiction it may also be necessary include provisions relating data privacy/protection such GDPR compliance clauses so as ensure compliance applicable laws within EU member states prior distributing recordings which involve EU citizens/residents.

Tyler - What other documents do I need when creating a video release form?

A: When creating a video release form it is important also consider other documents which could help protect both parties involved beyond just the basic filmed material; these could include documents such non-disclosure agreements (NDAs), indemnification clauses liability waivers so as provide additional protections from either side under applicable laws within given jurisdiction(s).

Olivia - Are there any international standards which I must adhere when creating my own video release forms?

A: While there are no international standards which must specifically adhered when creating own agreements related filming/recording individuals/groups there are various organisations such International Association Of Broadcasting Rights Holders (IABRH) which provide guidance best practices related copyright protection across various countries/jurisdictions around world; these guidelines can help ensure all relevant provisions included within agreements so as provide adequate protection from either side under applicable laws within given jurisdiction(s).

Example dispute

Suing a Company Over a Video Release Form

  • The plaintiff must have an established contract in place with the company which outlines the terms of the video release form.
  • The plaintiff must prove that the company has violated the terms of the video release form in some way. For example, if the company has released the video to third parties without the plaintiff’s authorization or has used the video in a way that was not agreed to by the plaintiff.
  • The plaintiff can seek damages for any losses they may have suffered due to the company’s breach of the video release form. These damages may include any costs associated with rectifying the breach, as well as any financial losses the plaintiff may have suffered as a result.
  • The plaintiff may also be able to seek an injunction to prevent the company from using the video in the future.
  • If the plaintiff is able to prove that the company breached the video release form, they may be able to receive a favorable settlement or judgment in their favor.

Templates available (free to use)

Basic Product Release Form For Film Or Tv Footage
Filming Location Release Form
Image Release Form Member Of The Public

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