When do I need Releases (Specific, Indie Rock Doc)?

Vern

Vern

Active member
So, I'm doing a mini-doc on the Indie Rock band Cold War Kids (www.coldwarkids.com, one of my favorite bands) as they prepare to, and record, their second album. I'll be filming them in studios, concerts, and art shows predominantly. The doc will probably be about 30 min and will be released as a package with the first 25,000 copies of their new album.

Anyway... my question is this: When and who do I need to get releases from? I don't know if the rules change because it will be distributed, but not (technically) sold.

At an art show, when I interview people walking around, do I need a release? The sound engineer at the studio? The location release at the studio???

Thanks.
 
Yes, yes and yes. It`s a commercial product and it will be released to the public. You will need releases for all these people and from all these places. You also need to notify people that they are being filmed at the concerts and the art shows unless the ticket already says so and has you covered.
 
Ditto the above, absolutely. Are you hired through the band's label or management? You should talk to their legal department (I see him listed on the band's website) and have the releases issued through them. They are the one's who will ultimately be liable and if they're straight up, they should be making sure that you're going about this in the proper fashion, otherwise they should be entirely unwilling or able to include your video in their marketing. It may be that they will handle all of the legalities and you will be free to shoot unencumbered, but you should get all of that straight before you begin. It looks like a very fun and exciting project.
 
Why do people trust their livelihoods and their futures by relying on posters on a public board to answer serious legal questions??? I'll never understand it.

Talk to a qualified attorney!

Anything else is just too risky.
 
yes - get legal counsel.

but for some background - you will need location release forms AND personal release forms.

i.e. the sound engineer (if he owns or manages the studio) would need to sign a personal release for interviewing him (or if he is even in one shot of the piece), and a location release form allowing you to shoot there.

for bigger events you will probably want to get permission (and a location release form) to post a notice at the entrance - that you're fillming (by entering you are giving person X permission to photograph and use your likeness, etc.) that will cover people just being in frame while the band is playing. anyone you talk to/interview - needs a release.

but as chapelgrovefilms pointed out... talk to a qualified attorney. you will need appropriate forms drafted for these situations and you may find that there are different rules, etc. in the state(s) that you are shooting in.

sounds like fun - good luck!
 
chapelgrovefilms said:
Why do people trust their livelihoods and their futures by relying on posters on a public board to answer serious legal questions??? I'll never understand it.

Talk to a qualified attorney!

Anything else is just too risky.
Click to expand...

You want me to talk to a lawyer everytime I get a job? Sheesh there goes my income.

Rule of thimb get a lawyer to approve some release forms you can use / change rather than contact one everytime you work and just get everyone to sign them for location/subject, the tricky one is other people that may contribute to your documentary - if you are in doubt get em to sign a work for hire just in case.

BUT, NONE of this will be licenced to you right? In that case then YOU ARE work for hire THE END. Tell band management to pony up for a lawyer for legal issues if they want the job done, they are technically producing the doc and as such need to arrange the releases. If they want you to produce it - fair enough - pay you for that job. TBH if a PRODUCER said to me - heres the releases we need signed can you get them signed as we go, I would be happy to oblige to help where I can. But if nothing refer previous.

So to qualify an answer - what exactly is your role?
 
There is a chance that the record company may already have release you can use. I did some work for Tooth and Nail records and within my WORK FOR HIRE contract there were release forms already drafted.

This is not a new issue for record companies so check with some higher ups (dont ask the band, they'll probably havve no idea).
 
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