Commercial Release Forms / Contracts?

C

commercialguy

Member
I'm shooting a commercial next month and need to get contracts ready for each actor. I have actor release forms for Narrative/Short Film projects. But I feel like there might need to be additional lines for a commercial, especially if it airs on TV. Does anyone have a sample or a commercial release form I could use/alter? I need to find something quickly. Thanks!
 
Is this any good for your needs?






CONTRIBUTOR RELEASE FORM


NAME OF CONTRIBUTOR


(“you”, “your”)


ADDRESS OF CONTRIBUTOR

_______________________________________________________


DATE(S) OF CONTRIBUTION

14[SUP]th[/SUP] January 201X and such other date(s) as are mutually agreed (the “Filming Date(s)”)

FEE

£500 per record ________________________________________________
(the “Fee”)

PRODUCTION COMPANY
ABC STUDIOS LIMITED (“we”, “us”, “our”)

PROGRAMME NAME (provisional title)

______
___________________________________________________
(the “Programme”)


Dear Sir/Madam,

We write to confirm our agreement with you whereby, in consideration of us paying to you the Fee (the receipt of which is hereby acknowledged), you agree to the following:

1. You consent to the filming and recording of you on the Filming Date(s), during and in connection with your appearance (including any performance of any musical compositions) for the Programme (which we intend, but do not undertake to produce) (the “Contribution”) and the use of your Contribution in the Programme in whole or in part or not at all. You irrevocably grant and assign to us all copyright and other rights in your Contribution so as to permit the fullest use throughout the world of the Contribution or any part(s) thereof by all means and in all media whether now known or hereafter developed in perpetuity in connection with the Programme or otherwise. For purposes of clarity, you accept that we have the right to edit, copy or translate the Contribution as we see fit and you irrevocably waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction.

2. You warrant that:
(i) you are fully entitled to grant all rights and consents herein;
(ii) you are aged at least 18 (eighteen) years old;
(iii) you are aware of the nature, purpose and subject matter of the Programme which you acknowledge has been fully explained to you;
(iv) the content of your Contribution shall be true in all respects to the best of your knowledge and belief;
(v) nothing in your Contribution will infringe the copyright or any other right of any third party or breach any contract or duty of confidence, constitute a contempt of court or expose us to any civil or criminal proceedings or be defamatory and/or otherwise bring us or any other party into disrepute;
(vi) you shall not apply for any injunctive relief which could affect or restrain the exploitation of the Programme; and
(vii) you will advise us of any information which might compromise or call into question the integrity of the Programme (for example factual errors).

3. You hereby grant us the right to use your name, voice, likeness, photographs and any biographical material concerning you in connection with the promotion and exploitation of the Programme and/or ancillary products/services derived thereof and/or in connection with us and/or the broadcaster of the Programme throughout the world by all means and in all media whether now known or hereafter developed in perpetuity.

4. You shall keep confidential and shall not disclose to any third party any confidential information, photographs or other material relating to us or the Programme or anyone taking part in it which comes to your knowledge as result of your participation in the Programme.

5. You consent to the holding and processing of personal data for the purposes of our production and exploitation of the Programme.

6. You agree that we may freely assign or licence this agreement and this agreement shall be governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction.

7. VALUE ADDED TAX SELF BILLING AGREEMENT: If you are VAT registered, we will issue a tax invoice on your behalf. You undertake that you will: (i) not issue any tax invoice in connection with this agreement and (ii) immediately notify us of any change in your VAT status or VAT registered details. Your VAT Registration No is __________________________________________

[TABLE="width: 441"]
[TR]
[TD]Yours faithfully

……………………………………………………………………………..
for and on behalf of
ABC STUDIOS LIMITED


DATE:…………………………………………………………………….
[/TD]
[TD]Agreed and accepted


SIGN: …………………………………………………………………………
[/TD]
[/TR]
[/TABLE]
 
That says nothing about airing the commercial or any details on if there are any residuals. Doesn't say anything about the planned air time it will be run either. I got a regular contract but not a commercial one. I was going to try to find one to buy, but I couldn't find any templates anywhere either.
 
There is a standard commercial contract which is provided by SAG. It has spaces for titles, running times, edits, lifts, alt. versions, usage, iscii codes, etc.
 
commercialguy said:
That says nothing about airing the commercial or any details on if there are any residuals. Doesn't say anything about the planned air time it will be run either. I got a regular contract but not a commercial one. I was going to try to find one to buy, but I couldn't find any templates anywhere either.
Click to expand...
Yep,it does - it's in the first section, and even has the explanation "for clarity ....." All rights are waived. This is used by a well known UK broadcaster, and seems to cover all bases - at least with our version of the law.

Basically it says there is a fee, and sets the recording date and time. In return for the fee, they can do what they like with your work. They use an identical contract, without the fee section for people who don't ask for/need payment.

Why would they want to tie their arms behind their backs with specific playout times? I can't see the point. Essentially, these are buy out contracts, and have been standard here for years - they cover all probable issues, and can be used to clear most contribution types.

I'm curious as to why you'd want to be more specific?
 
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