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At Wrapbook, we pride ourselves on providing outstanding free resources to producers and their crews, but this post is for informational purposes only as of the date above. The content on our website is not intended to provide and should not be relied on for legal, accounting, or tax advice. You should consult with your own legal, accounting, or tax advisors to determine how this general information may apply to your specific circumstances.
Photographing or filming people in public spaces is a protected right in the United States. Individuals physically in a public space do not have what is known in legal circles as a "reasonable expectation of privacy."
The law assumes you knowingly allow yourself to be seen in public places. In that case, there is no reasonable expectation of privacy.
Stemming from this logic, you do not need a model release form to photograph or film individuals in a public location. Well - unless you intend to use the images for commercial purposes.
If you make money off a photo and don't have a videography or photography model release form, any " identifiable " individual in the photo has the right to sue you. The identifiable features may be the face, clothing, silhouette, tattoos, or any unique visual characteristic.
The lawsuit may be justifiable, especially if you're selling the photo. An individual may also sue you if they consider the photos were used in a defamatory or harmful manner.
Of course, sometimes, getting someone to sign a model release form is impractical. Documentary filmmakers struggle in this grey area, mainly when shooting events or the public. Fortunately, there is one common tool to help mitigate the risks of this specific situation. It's called an area release.
An area release or crowd release is a large-scale version of a model release form. It does not require a signature or even explicit consent from subjects. In practice, a producer, photographer, or event organizer may post an area release sign around the perimeter of a location where an event is being held.
Alternatively, the producer may provide an area release notification when a ticket for an event is purchased. The release sign can state that they consent to be recorded by entering the specified location.
When using an area or crowd release, record or photograph the sign at its posted location as proof of its posting. It's advisable to timestamp this footage in some way for more thorough legal protection.
It is also advisable to seek a permit to post an area release for your next shoot. You can get permission from your location representative and the relevant permit office.
A public figure is anyone "the public" is familiar with or interested in. But don't worry. You won't need a different model release form just because you're photographing a celebrity.
Even with public figures, model release forms' functions and basic rules don't change. However, the situation may be slightly different.
Following public space privacy rules, you do not need a model release form to photograph or film a celebrity in public. If you've looked at a tabloid cover recently, you've seen at least one celebrity photo with no standard model release form. Given everything written above, why is the capture and sale of that photo legal?
The short answer is that it's being put to what's known as "editorial use" instead of "commercial use."
The fact that money is exchanged for photo or video usage does not inherently classify that usage as commercial. The actual definition of what constitutes "commercial usage" is quite vague.
Anything that promotes or endorses a product, person, or idea is considered commercial. That includes advertisements. But it could also include more abstract forms of publication. A professional photographer using an image as part of their public portfolio to attract clients may fall into the "commercial." category.
However, distributing a photo or video in a format designed purely for informational purposes amounts to editorial usage. This may include media releases, educational materials, and consumer publications. Such publications are protected under the constitution as free speech. This is a gray area.
The bottom line is that you should always get a model release form. California and some other states have laws that prevent paparazzi from capturing images in ways that might violate a celebrity's privacy. However, the rules on publishing similar photos taken in public are highly subject to interpretation.
Whether in video or photography, release forms are always necessary. They do protect your commercial intentions.
In most of the United States, any individual under 18 years is a minor. A minor is not legally allowed to sign contracts. Therefore, if you want to film or photograph a minor, you won't be able to get a model release form directly from the talent. You'll need to get their parents or legal guardians to sign what's known as a "parental consent form."
A parental consent form is effectively just a model release form for minors. It guarantees all the same things as an adult's free template. The only additions contained therein are signature lines for parents or legal guardians.
Technically, you only need the signature of one parent. However, to be safe, get both parents to sign the form. This will reduce the risk of one of the parents revoking their permission at any point.
Along with setting up a Coogan account, getting these signatures is paramount when working with talent under 18.
Whether filmmaking or photographing, a model release form can protect you and your young talent.
Working with kids can be challenging in any way. You better exercise an extra degree of sensitivity to make your shoot successful.
At a glance, this might sound wild, but the reality is that you do need an animal release form.
No, Lassy, Fido, and Rufus aren't likely to take group legal action against you. But their human overlords might do precisely that.
A "pet release form" is a model release form for any animal legally owned by another human.
While it contains the same relevant information as every other free model release form template, it also includes the pet name, owner's name, and owner's signature.
Animal release forms should be business as usual if you work with professional animal trainers.
However, even if you're filming your friend's hamster or casually photographing a handsome Shiba Inu at the park, having a release in your files is always the safest way to go.
With any kind of filmmaking or photography, release forms are your friend, if not more. Someone on your production staff should always carry a stack of them in their kit.
Alternatively, your team can keep one of the many free model release form apps active on their phone anytime you're working.
That's why it's crucial to store all of them in one safe place that can be accessed before, during, and after the production is wrapped.
On almost every production, this location is the wrap binder. It is a thick tome containing everything from photography contract PDFs, PA expenses, and film budgets.
While some still go the analog paper route, you can store your model release forms in the documents tab of Wrapbook.
Wrapbook allows you to keep track of your books, onboard cast, and crew and pay everyone out quickly through one intuitive software.
Wrapbook's cloud-based software lets you store model release forms in your production's shared documents folder. The platform also allows you to set custom permissions so only the proper people have access.
Once your production wraps, sit back and relax as Wrapbook stores all your production documents, from expenses to payroll stubs to I-9s.
Always ensure the information on any modeling contract for photography or video is legibly written. Create multiple physical and digital copies of the model release forms for your records. Similarly, plan to keep those copies indefinitely (i.e., forever).
Whether you're using a free model release form template from the web or one tailored by your legal representative, it's ideal always to have your talents sign one. Download our talent release form, drafted by a lawyer, to jumpstart the process.
It's the kind of document that you never want to use but always want to have.
You can show footage of your final product with a model release form. So when in doubt, get the signatures! Once you do, digitally store each signed form signed form in Wrapbook.
Disseminating and safeguarding the necessary paperwork is part of what makes a successful production. So stay prepared.
Check out our post on how to use a digital startwork solution to make this process a whole lot simpler.
Once you sign a model release form, revocation rights are limited. Legal implications vary, and it's crucial to understand the consequences. Consult with your legal representative or seek clarity on revocation terms before signing to prevent future complications.
Yes. Post-signing negotiations are possible depending on the contract terms. However, it's essential to understand the legal implications. Make sure agreements align with your interests and seek clarity on any changes.
Yes. Minors are legally required to have parental consent to sign model release forms. It's essential to ensure all legal aspects are followed to protect both you as the producer and the minor.
There are industry standards that inform legal parameters guiding model release form practices. Understanding these norms guarantees protection and fair compensation. Compliance with industry standards helps maintain professionalism and clarity in contractual agreements.
The release form is a necessity in the film and production industry. With the production industry becoming increasingly murkier with copyright lawsuits and privacy infringement claims in the news every often, a release close can protect you as a producer from these legal complexities.
Model release forms are agreements between the producer and any talent appearing on screen. They ensure that producers have the right to use the talent's image in the project.
Let's get into what model release form is and its importance in tracking your film, video, or photo production:
A model release form is a liability waiver. It is signed by a model, actor, or other performer that grants a producer the right to publish their brand commercially. The brand may include the name, voice, image, likeness, and performance.
In other words, it's a legal contract. In photography, model release forms are often explicitly associated with models (thus the name).
However, in film and video production, model release forms are referred to as talent release forms. This is because they're needed for anything living appearing in a final work.
Like all contracts, the model release form is designed to protect both parties. Model release forms can safeguard you against lawsuits in an industry protected by copyrights.
Beyond the bounds of a traditional performance, a model release form is also required to cover "appearances."
You must explicitly state what constitutes an appearance in your model release form. The appearance can be an actor's voice or their digitally altered motion-capture performance.
There is a difference between a photo release form and a model release form. There is also a difference between a photo release form and a photography model release form.
A photography model release form is just a model release form and is signed by the talent. However, the photographer signs a basic photo release form so they can print multiple copies of their work later.
You should seek guidance from a legal professional before writing a model release form. Contract lawyers, in particular, have the experience and knowledge to draft an error-proof release form.
However, you can also use one of the many free online templates to draft a model release form yourself. However, use these free templates after acquiring legal advice.
You can find free model release form templates all over the internet. It's probably why you're here. However, as with any legal document, you should always exercise caution.
It's essential to ensure that any free model release form template meets the requirements of your specific situation. While the concept of a model release form sounds simple in theory, it can get complicated in practice.
Note: Talk with your production's lawyer(s) to ensure your photography model release form has all the clauses your specific production needs.
Similarly, be specific and clear when choosing or designing a model release form template. If you plan to manipulate a photo digitally, include a clause specifying your intention.
The film or photo subject can also be controversial sometimes. Ensure you include a clause confirming your talent's awareness of the controversy beforehand.
Look at any sample photography model release form; you'll see; you'll see it's all about licensing.
Photography release forms ensure that the on-camera model acknowledges that the photographer or the production entity has the right to produce, alter, and print the model's image.
How long they have the right to do this depends on the contract's terms.
A photography contract like this relinquishes the talent's right to their image.
For example, a model may want to sell their photos to other stock photography sites like Shutterstock. They can't do so without permission from the photographer or production entity.
Despite many obvious similarities, a model release form is NOT the same as a location or an intellectual property release form.
If you're producing a project that requires video, you'll need a film and video release form.
Unlike a model release form for photography, actor release forms spell the terms of your film's release and distribution.
It's a photography model release form for video. It is important to note that you'll probably need your talent to sign both for your production.
While your video and film release form will cover everything inside your project, it usually will only extend to the film's marketing materials, including posters, billboards, or any other print material.
