What makes a good talent release form?
A good talent release form should have the following:
1. Legally binding language:
The form should be written in legally-valid language to ensure enforceability. However, avoid making it overly complex — these are simple documents at their core. Most likeness release forms are only 1-2 pages.
2. Clear identification of parties:
Clearly identify the talent (actor, model, etc.) and the production company or filmmaker. It’s a good idea to include a field for another piece of identifying information besides name, such as the person’s address or contact info.
3. Comprehensive rights:
The document should explicitly grant the filmmaker the rights to use the talent’s image, voice, likeness, and performance in all media forms and distribution channels. (such as festivals, promos, BTS featurettes, steaming, DVDs, etc)
4. Approval rights:
In this clause, the participant agrees that no photographs, footage, or other materials need to be submitted to them for approval prior to usage. This is a section that can be modified based on your specific agreement with the participant.
5. Specific scope and duration:
It should specify the scope of use (e.g., geographical regions) and duration (e.g., indefinite or for a specific period). This is where you’ll often read the clause “rights are granted in perpetuity”, which is a fancy way of saying “forever and ever and ever and ever an ever…”
6. Provisions for minors:
If the talent is a minor, there should be a provision for parental or guardian consent.
7. Liability release:
This clause releases the production company from any liabilities or harms that may arise from the use of talent’s likeness. (like getting sued or something)
8. Non-guarantee clause:
This section clarifies that the production company is not obligated to use the participant’s name, voice, or likeness in the project. Also does not guarantee the participant any future work or payment.
9. Non-conflict clause:
Include clauses that release the filmmaker from certain liabilities and confirm that the talent’s participation does not conflict with other agreements.
10. Signature fields:
There should be spaces for signatures of both the talent (and guardian, if a minor) and a representative of the production company. Make sure to include the date it was signed!