Release forms for music video company?

Ferret Lady

Ferret Lady

Well-known member
Hey guys! I'm starting a music video production company and my second camera man suggested that we get release forms for the bands to sign before we film them that basically state they own the video (as they're paying us to do this) BUT we reserve the right to use these videos for our demo reel and also promote it ourselves as being our work.

Any advice on where I could get a template for such a release form on the internet? I'm of course going to google this info myself and see what I can come up with, but I first wanted to get your opinion on the best ones to use in this particular situation.

Thanks in advance!!!
 
Hey,

It's very easy to write something like that up on your own, you don't really need a professional legal document. I know it's usually easier to find forms, though, I usually do that too but I have written up this same type of document only I retained ownership of the music videos because I financed them. I included details about how the video was to be used by both parties, though.
 
i hear what you're saying. just never done it before so i thought a template to start from would be great. then i can customize it to my needs.
 
this is the music video producers association rider, we use a modified version:

The following constitutes a rider to the attached contract and shall be deemed incorporated within the agreement. In the event of any conflict between the provisions of this rider and the agreement, the provisions of the rider shall prevail.

I. PAYMENT
It is recognized that the production of music videos is a labor intensive industry and accordingly prompt payment for services rendered is of the essence. Title of ownership to the rights and proceeds of the production company's services shall not transfer until full payment is made.

II. CANCELLATION AND POSTPONEMENT
The contracting client acknowledges and agrees that the production company and/or the director is blocking out specific time based upon a firm commitment from the contracting client. The parties agree that the following cancellation/ postponement policies are incorporated as part of this agreement.

1) If notice of cancellation/ postponement is received one to five business days prior to the commencement of the shoot, the contracting client will be liable to the production company for:
All out of pocket costs
Full director's fee as bid
Full production fee on the job as bid

2) If notice of cancellation/ postponement is received more than five business days prior to the commencement of the shoot, the contracting client shall be liable to the production company for:
All out pocket costs
Full director's fee as bid
Not less than 50% of the production fee as bid

III. CONTINGENCY and WEATHER DAYS
1) A "Contingency Day" shall be defined as any day when a scheduled film or tape shooting is prevented from occurring due to circumstances beyond beyond the control of the production company. These circumstances may include, but are not limited to:

A) Weather Conditions: (rain, fog, sleet. icy roads, or any adverse condition that is not consistent with the prescribed shooting conditions desired by the contracting client)

B) Injury, Illness, or Absence of Client Supplied Elements: (i.e. key talent, music tracks, etc...)

C) Force Majeure: (Earthquake, Riot, Fire, Flood, Volcanic eruption, Acts of War, Labor Dispute, etc...)

D) Contracting Client Insured Re-shoots: Any additional day for a job insured by the contracting client who is therefore authorizing expenditure.

IV. OVERAGES
If the Production Company shall be required to make expenditures in connection with the production of the MUSIC VIDEO which exceed the Approved Budget ("Overages") than the Production Company shall obtain the Contracting Client's prior written approval. The Production Company represents and warrants that it will use its good faith efforts to avoid incurring any Overages. If the client approves any Overages, such overages shall be subject to a production fee plus an insurance charge at the same percentages as in the approved budget. The Client shall advance to the Production Company the funds sufficient to cover such Overages within five (5) business days from the Client's approval of such overages.

V. CLIENT SUPPLIED INSURANCE
If the Client supplies it insurance it warrants and covenants that the insurance coverage afforded to the Production Company by the Client shall be as broad as the Production Company's existing General Liability and Entertainment Risk policies. The Production Company shall not be responsible for payment of premiums or deductible amounts associated with the Contractor's supplied insurance coverage. Contractor agrees to name the production company as a named insured on all insurance policies supplied by the Contractor.

VI. SHOW REELS
Client agrees that the aforementioned MUSIC VIDEO may appear in Production Company's promotional reel(s) together with other works produced by the Company as part of a non-commercial representative sample of the Production Company's work.

VII. CURE
The production Company has the opportunity to cure any default or breach of this entire agreement within five (5) business days from written notice by client of such default or breach.

VIII. CREATIVE FEE
The Client agrees that any use of the Music Video or its images other than for the non-commercial promotion of the Artist, promotion of the album containing the underlying music track, or promotion of the "single" pf the underlying music track, is subject to an additional creative fee in the amount of $_(TBD)____ to the Director of the Music Video. Such a fee is payable to the Production Company who is acting as an agent for the director.

IX. ARBITRATION
It is agreed that any dispute between contracting parties shall be resolved by expedited Arbitration pursuant to the commercial rules of the American Arbitration Association.
 
wow, thanks shivrajs! that looks great. i'm going to show this to my partner and we should be able to customize something perfect to our needs.

can i ask you about this 'creative fee' part? is this to cover your butt in case they decide to add the video to a dvd that they sell or something like that?

see what i'm doing is filming a band's cd release party where they will be peforming and using the footage to create music video for the purpose of internet distribution only (from what i gather anyways). so the videos just be on myspace, youtube, facebook, and websites like that, to help spread the word about the band.
 
This is more for production houses with a panel of directors...
usually music video budgets barely cover production costs and there is always an unspoken pact between artists and directors..."if i make it big"...sometimes when a band is signed on by a major label then all promotions are supposed to be taken care of by the lablel....here come that video which you put ur heart into...they are cutting 30 sec OAPs, sometime there is a remix video or maybe they just want to use the footage for some other product...
what you are saying is that if and when the commercial **** hits the fan the monies are To Be Discussed!;)
 
shivrajs said:
This is more for production houses with a panel of directors...
usually music video budgets barely cover production costs and there is always an unspoken pact between artists and directors..."if i make it big"...sometimes when a band is signed on by a major label then all promotions are supposed to be taken care of by the lablel....here come that video which you put ur heart into...they are cutting 30 sec OAPs, sometime there is a remix video or maybe they just want to use the footage for some other product...
what you are saying is that if and when the commercial shi* hits the fan the monies are To Be Discussed!;)
Click to expand...

got it! that's what i thought. i do wanna protect myself from that very thing. what if this band becomes big one day and they use even just a portion of my video for something else? so this covers me for that. good. great.

how have you customized this part for yourself, if you don't mind me asking? i mean, how can i mention a dollar amount in advance of knowing what it's to be used for?
 
I put something like that into my last contract, that the band was free to use the music video for their promotional purposes in any way they want, basically, but that if they are signed to a label it may not play on any television network, be put on the record label's site, or any other distribution of that sort without full compensation for the music video, which isn't what it cost, but what it would have cost -- i.e. cost-plus to pay me for my time, equipment, etc.
 
JonathanLB said:
I put something like that into my last contract, that the band was free to use the music video for their promotional purposes in any way they want, basically, but that if they are signed to a label it may not play on any television network, be put on the record label's site, or any other distribution of that sort without full compensation for the music video, which isn't what it cost, but what it would have cost -- i.e. cost-plus to pay me for my time, equipment, etc.
Click to expand...

i guess my question is, how do they determine the AMOUNT of compensation, should they decide they want to use it?

i'll have already been paid for my time, equipment, editing, etc. but these are prices based on videos that will just be on the internet and not actually help make the band any money.

are you basically saying in your contract then they must contact me if they decide to use it for say, the record label's site, and then at THAT time, negotiate a price with me before they can use?

sorry, i'm just not familiar with all this legal stuff! would you mind showing exactly how you worded that?
 
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