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The One Contract You MUST Use For Your Indie Films

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Many independent filmmakers are anxious to dive in with making their movie and bringing their creative vision to life. But what happens next is equally important - sharing that vision with the world. An important part of sharing that vision is using a Film Release for anyone involved with your production - cast, crew, volunteers, extras, everyone. In this post I’ll explain more about what Film Releases are, why they matter, and how they protect both you and your film, as well as the people signing them. 

What Are Film Releases?

Film releases are contracts that grant permission and consent to a filmmaker to use an individual's likeness, voice, or performance in their film. They are typically used for actors who appear in the film, but I have my clients use them for everyone involved with the film including crew, extras, and volunteers. Why? Because you may capture behind the scenes footage that you’ll want to use in blooper reels, social media, or special features and you’ll want to make sure you have consent to use the likeness of the individuals in that footage. 

Note: There are also film releases used for other aspects of the film like artwork, locations, etc. but in this post I’m covering film releases for individuals working in or on the film itself.

Why Are Film Releases Important?

 Just a couple of the reasons that film releases are so important to consider when filming are: 

Legal Protection

Without a release form, you could be subjecting yourself and your production to claims of unauthorized use of likeness, defamation, or invasion of privacy. A well-drafted release will protect you from these claims as it will be made clear in writing that the individual consented to the use of their likeness. 

Licensing and Distribution

Many filmmakers overlook the extensive documentation that distributors will require to ensure that all legal bases are covered before they’ll agree to distribute or release the film. These include copyright clearance, insurance, and other types of legal requirements, but this also includes proper releases for using individuals’ performances and appearance in your film. Remember, distributors don’t want to get sued so making sure you have all of your legal requisites covered will make your project more attractive. 

Key Elements for Film Releases:

I refer to a “Film Release Form” here, but it doesn’t necessarily have to be its own form/contract. Often an agreement with cast or crew will contain the release provisions in that same contract. Whether you are presenting the release as a separate form or as a clause in a bigger contract, you’ll typically want to include the following terms: 

  • The full name, contact information, and signature of the individual granting permission.
  • Clear and specific details about how the images or performances will be used in your film. If you anticipate using their likeness in other films or projects, make sure to include that. 
  • The amount the individual will be paid for their appearance or contribution. If they are being paid for their work (as an actor for example) and that is the only payment, indicate that they will receive no additional compensation beyond that amount. 
  • The time period for which the permission is granted (i.e. 15 years, in perpetuity) and the geographical territory in which the usage applies (i.e. domestic, worldwide).
  • A statement indicating that the individual has read and understood the terms of the release form and willingly consents.

Preparing and obtaining signed film releases may seem like just one more hoop to jump through, but it is a vital step in protecting your completed project and securing distribution. For more tips and resources on the legal aspects of indie filmmaking, sign up for my newsletter here (and receive a free download on negotiating option agreements like a lawyer!) 

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