A talent release form is an agreement allowing a producer to use an artist’s work for promotional and commercial purposes. Without this form, a producer could face serious legal implications regarding intellectual property and copyright.
This article will explain the nature of a talent release form, and what needs to be included.
When Do I Need A Talent Release Form?
A talent release form should be pursued anytime a producer films, photographs or voice records a creative artist. This form prevents a producer from being sued in relation to copyright infringements.
It is also important to note that ‘talent’ in this context, refers to figures such as actors and models. Furthermore, the form does not discriminate between professional and unprofessional, or paid or unpaid individuals. Rather, it applies to anyone featured in front of a camera, or who has been recorded.
Therefore, the benefit of retaining such a form is one of legal convenience. Specifically, the agreement serves as physical evidence if a dispute were to arise regarding intellectual property rights. Such evidence would show that consent was provided to use and distribute the artist’s work.
What Should Be Included?
When entering into a talent release form, it is important to understand what you are agreeing too. The following are examples of some provisions you may see in this agreement:
‘I hereby agree to appear in visual and/or audio recordings which can be used in advertisements, documents and other promotional material published in ____________.’
Or
‘I give permission for my name and visual and/or audio recordings of me to be used in advertisements, documents and other promotional material published by ____’.
Or
‘I assign any rights I may have in the visual and/or audio recordings and associated advertisements, documents and promotional material to the __________.’
Or
‘I hereby assign and grant to ___________ the right and permission to use and publish the photographs and film made by me’
To Sum Up
The film and media industry is tough to navigate when dealing with intellectual property. However, a talent release form is essential in avoiding intellectual property disputes. With this, producers must understand the legal ramifications if such an agreement is not pursued.
If you need any assistance, our intellectual property lawyers are here to help! Just contact us via 1300 337 997 or by filling out the contact form.
Daniel is a legal intern at OpenLegal, placed in our legal content team. He is currently studying a Bachelor of Laws at the University of Technology Sydney. Daniel's interest lies in economics and media/startup law.
Phil is a director at OpenLegal. He has over 16 years experience working in private practice and in-house counsel in Sydney and London, giving him expertise in employment law, IP, finance, leases, dispute resolution, insurance and contracts.
