Do You Really Need Release Forms?

Release forms: in general terms, they are written confirmation that an actor or other talent has agreed to let you use his/her image and/or likeness in a film, video, album cover or some other commercial endeavor.

You might be best friends with someone or believe a family member doesn't need to sign a release form. Many people also shy away from asking for written documentation of releases since it seems impersonal, unprofessional, cold or invasive.

As a lawyer, I can tell you that having a detailed, signed release is vital to protecting your creative works as well as keeping you from dealing with unnecessary headaches. Here are three reasons why you want signed releases from anyone you work with.

1. Litigation: Consider this lawsuit now being brought by a former model who claims the band Vampire Weekend used her photograph on their album cover without permission

Apparently a photographer somehow got a picture of this former model, allegedly a snapshot taken by her family that may have been given to charity by her mother. Tod Brody claims to have taken the picture personally in 1983. Regardless of who's telling the truth, do you really want to take these types of risks? Lawsuits can happen even if you aren't as well known as Vampire Weekend.

2. Record Keeping: One of the most important aspects of the entertainment industry is keeping good records. You need to be able to find contracts and release forms if a distributor asks for them. A major studio and others who might advance a creative work might ask to see these as well.

Major players in the industry are not going to trust that your cousin won't sue if they release your film using his/her likeness and you don't have a signed release; they MUST see that release form or your film is not going anywhere with them. After all, a lawsuit could cost them millions of dollars and aggrieved parties always pick big pocket defendants i.e. that major studio or distributor. You could also end up getting sued by a studio or distributor for breach of contract.

3. Changed Circumstances: Unless you have psychic powers, there's no way to predict who will be on good terms with you in the future. What if you have a falling out with a family member, actor or someone else who appeared in a film? Let's say sometime after the falling out, a distributor contacts you.

How are you going to get a signed release from someone you are no longer on speaking terms with? That person could be a lead actor in the film and force you to either re-shoot the whole thing or completely scrap the project due to the likelihood of getting sued.

So put aside feelings of discomfort or concerns with formality and remember that release forms are for everyone's protection. The actor will also be protected from a filmmaker engaging in unreasonable uses of his/her image & likeness. All parties should have an attorney read over release forms and make sure necessary provisions are included.

- Monica

Contact Monica for legal representation/advice at Monica@1wayoranother.net

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(Monica C. Trombley is the legal administrator/project manager at her company One Way or Another Productions. She is a licensed attorney in both NY and CT.)