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2.1: Legal Protections

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    Release Forms and Contracts

    Contracts and release forms are legally binding documents that should be agreed upon, signed, and dated before any production work begins. These documents provide protections for the parties involved with requesting and funding the production, as well as the parties involved with creating the production. There are many resources online that can help you with registering copyrights and find templates for non-disclosure agreements, contracts, and legal documents. LegalZoom.com and RocketLawyer.com offer some free templates you can download and revise. Jump ahead to Chapter 4: Production Preparation to view sample release forms.

    Copyright Laws

    According to the U.S. Copyright Office, copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. Copyrights are different from trademarks, which protect words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

    If you own a copyright, you, or the person who commissioned the work from you, are the only ones who have the right to publish, reproduce, or use the video you created. You don’t have to publish the video online or to the public. A recording on your hard drive is equally as protected as a video file you’ve made available publicly on YouTube.

    Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. So if you have a great idea, be sure to write it down, because while you can copyright an outline or a script, you can’t claim copyright on that great idea you shared with that so-called “friend” of yours. Before you share your great idea for a script, movie, short film, video or creative endeavor with a potential collaborator, it’s a good idea to have both parties sign a non-disclosure agreement.

    Non-Disclosure Agreements

    NDA’s are also referred to as Confidentiality Agreements, are legally binding contracts that establish a confidential relationship. The parties signing the agreement agree that sensitive information they may obtain will not be made available to any others. NDA's are also commonly used before discussions between a creative seeking funding from potential investors. NDA's can be customized to any degree, but these major elements are essential in a legally binding NDA:

    • The names of the parties to the agreement
    • A definition of what constitutes confidential information pertaining to this agreement
    • Any exclusions from confidentiality
    • A statement of the appropriate uses of the information to be revealed
    • The length of time of the agreement

    Talent Release Forms

    A talent release form is a legal document designed to prevent the producer or content creator from being sued for the unauthorized use of someone's image or voice. Talent release forms should be signed before the start of production, and sometimes are included in a more comprehensive contract with the talent. If in the future you make plans to sell the content you created, any media company interested in buying your content will require signed talent releases. This is true even if the recording is not used for commercial purposes.

    In video production, talent releases should be obtained from both primary actors and from extras. If the people in your recording are not identifiable, such as in a distant crowd scene, you do not need a talent release for those people. If the recording is for your personal use only, you don't need to get a talent release. However, a release should be obtained if there is any chance that the recording will be displayed in public, such as at a film festival, or via online distribution such as YouTube.

    A standard talent release form is a relatively short and simple document, yet it's critical to complete such a release for any recording of individuals that you make so that issues do not arise later when your work is distributed. A standard talent release for an actor should include the use of the actor's name, voice, image and likeness, and performance. The talent release may contain additional provisions, such as allowing copyright of the recording, waiving future compensation, allowing the person's image to be digitally altered, or allowing the use of the actor's biographical information in connection with promotions. Details of the talent release will vary depending upon the nature and intended use of the recording.

    Liability Release Forms

    Liability release forms are designed to protect your production against lawsuits by addressing potential personal injuries, property damage, or various commercial rights. This generally applies to injuries or damages that any person might incur in the normal course of the covered activity. A liability waiver or release, also called a hold-harmless agreement (HHA), can protect producers from lawsuits if an injury were to occur during production. However, the document generally does not absolve the releasee of liability for its own acts of negligence. Obtaining a Certificate of Liability insurance is often required when applying for a film permit in many counties, countries or states.

    Contracts with Clients

    When you take on the role of producer and agree to produce a video for a client, there are a few steps you should take to ensure you are in agreement about the scope of work. Creating a project estimate with the scope of work helps to clearly identify what is being produced, how long it will take, and who owns the rights to the footage and finished product. There should be a clear project description with a timeline of deliverables, and notice of how many revisions are included for each deliverable. Make sure you have agreed upon your script and shot list before you break down the budget for your equipment, crew, locations, and production design. Have a payment plan structured into the contract that states if a deposit is required, and what percentage of work is to be completed before invoicing on deliverables.

    Contracts with Crews and Creatives

    When you are hiring crew or creative team members to support your production it’s good practice to have them sign a subcontract that outlines the scope of work. If you are hiring an editor for your project, try to negotiate a rate for the project rather than an hourly rate. Have clear and reasonable deadlines for deliverables. Hiring a production crew for location shoots can have a wide range of rates, and contracts needed for each crew member. Production Assistants (PA) may not require any contracts and will work for an agreed-upon day rate. Hiring a Director of Photography (DP) may require you to sign a contract for his or her services and request liability insurance or workers compensation insurance to be provided on the production.

    This page titled 2.1: Legal Protections is shared under a CC BY-NC 4.0 license and was authored, remixed, and/or curated by Jennifer Vaughn (ASCCC Open Educational Resources Initiative (OERI)) .