This talent release is made by
2. ASSIGNMENT; WAIVER.
The Talent assigns to the Creator all interest in the Recordings, including copyright. The Recordings are the sole property of the Creator, and the Talent waives any right to:
3. RELEASE.
The Talent hereby releases the Creator from any liability for any distortion or illusionary effect or other adverse result arising from the publication of the Recordings, and from any liability for violation of any personal or proprietary right the Talent may have in connection with the Recordings or the Recordings Use.
4. TALENT'S REPRESENTATIONS.
The Talent hereby represents that:
The Talent is signing this release on the date stated opposite his or her signature.
TALENT: | |
Date: ________________ |
By: _________________________________________________________ Social security number: ____________________________________ |
How-to guides, articles, and any other content appearing on this page are for informational purposes only, do not constitute legal advice, and are no substitute for the advice of an attorney.
A talent release form lets one party record and use another party’s image, voice, appearance, or performance. This second party is often an actor, singer, or other performer. The recording may be on film, videotape, audiotape, or other media forms and may be used in a motion picture, on TV, on the web, or in advertisements.
Whatever the name of the release form is, it grants permission to use the talent or an actor’s name, voice, image, or face in a film, promotional materials, or other commercial purposes.
A talent release form lets one party, often a filmmaker or producer, record and use another person's voice, image, or performance. At a minimum, this release form should include:
Once the terms and conditions of the talent release form are finalized, record them in writing.
If you’re the recorder or production company, you would like to get full permission to use the talent’s image, voice, or performance recordings in your project.
Oftentimes recorders will want a release that:
If you're the talent, consider the following if you're asked to sign a talent release form:
As a talent, if you have concerns about the inappropriate use of your recordings, then you should raise your issues with the creator before signing the talent release form.
Both the talent and the creator should review the talent release form properly. Check whether all the agreed-upon terms are clearly drafted, if there is anything yet to be added, if there is any miss, etc. This will prevent the parties from coming in the future and raising any issues regarding the arrangement.
To limit further claims and disputes, you may want to have a witness who also signs the release form. This should be someone who isn’t related to either party. A witness can help limit claims that the release isn’t authentic or the signatures weren’t those of the parties.
Both the actor and the creator should sign two copies of the talent release form. One release form is handed over to the actor, while the other is kept by the creator.
If you have doubts while drafting your talent release forms, it is better to involve an attorney. The attorney can easily draft your talent release forms suiting your requirements.
Generally, in talent release forms, there are certain key clauses that you can’t do away with. Hence, a talent release form template also includes those provisions to avoid any legal ramifications.
The following instructions will help you understand the clauses in your actor release form:
The introduction section identifies the parties involved in the release form. In this agreement, the person making the recording is called the creator, and the person who is the subject of the recordings is the talent.
If the creator is a production company or advertising agency, you need to provide the details of that too. The type of organization they are, their address, and contact information.
You also need to mention the amount paid by the creator to the talent to use the recordings.
Permission to use: This subsection lets the creator create the recordings and describes how the recordings can be used.
Along with it, you also need to mention the date and day on which the recording will be shot. Including this information clarifies which recording is being talked about in a specific talent release form.
This section also lets the creator use the talent’s name and biographical information in connection with the recordings. This may be something like a mention of the person’s name in an opening or closing credits at the end of a film or text appearing on a photograph.
It also lets the creator use the recordings for any legal purpose and in any kind of media. However, there is a provision that allows the parties to make some exceptions to this broad statement.
You must also provide any limitations on how the creator can use the recordings. For example, the talent may not want the footage used for pornography or commercials for a certain disease.
This section also lets the parties list the specific project for which the recordings may be used. For example, the motion picture tentatively titled “XYZ,” or the “ABC” ad campaign.
No obligation: This subsection specifies that although the talent release form gives the creator the right to use the recordings, the creator has no obligation to use the recordings. In other words, they're the creators to do what they please.
In this section, the talent assigns all of their rights for the recording to the creator. In addition, they give up their rights to inspect or approve them before they’re used. They also can’t receive any other payment for the recordings. Whatever they have received under the release is the only payment that’ll be made.
This section protects the creator from liability for its use of the recordings. In other words, the talent agrees not to sue the creator if and when the recordings are used. In other words, the talent gives up (i.e., “releases”) any claims they may have against the creator.
This includes the talent’s promise that they have the ability and authority to sign the release and understand what is being signed.
The talent should sign the talent release form with their name, address, and social security number (which may be necessary for tax purposes.)
If there was a third-party witness present during the signing, then mention the witness's information too.
A well-drafted talent release will clarify each party’s rights and list all permitted (and prohibited) uses of the recordings. A talent release form is needed to stop the unauthorized use of:
A talent release form template helps you draft your talent release forms much faster and easier. LegalZoom offers you a template that is simple and easy to use. To use our template, all you have to do is answer a couple of guided questions, complete the form, and download the document created from the template for free.
Whether you’re creating film, audio, digital, or another kind of media production, you must ensure that you have permission to use your talent’s voice, image, or performance before sharing.
A talent release clarifies the creator and talent their rights. It details important permission granted by the talent to the creator to use their photo, voice, or performance for commercial use.
A basic talent release form prohibits the creator from misusing the talent’s recordings.
Here's the information you'll need to have handy to complete your talent release form for adults: