Disclaimer
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.
3. Crowd release form
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.
4. Public figure release form
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.
Storing model release forms
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).
Wrapping up
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.
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:
Main points
- Model release forms are essential legal contracts that protect producers from copyright and privacy infringement claims.
- There are different types of release forms, such as photo release forms, crowd release forms, and talent release forms, each serving specific purposes in production.
- Always consult a legal professional or use vetted templates when drafting a model release form to ensure all legal requirements are met.