For Independent Filmmakers
Welcome
Our Independent Filmmaker pages are loosely organized in the chronological order of legal and business matters you might face throughout your project -- from treatment to final cut. Please help us improve our site. If you notice an error or have a suggestion for a link or additional information, please contact us.
THIS WEB SITE HAS BEEN PREPARED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE OR A LEGAL OPINION. ONLY YOUR ATTORNEY CAN ADVISE YOU ABOUT WHICH LAWS ARE APPLICABLE TO YOUR SPECIFIC SITUATION.
Personal Releases
When those appearing in your film sign a release form, they are relieving you from legal liability. In other words, the person is promising not to sue you for legal claims such as invasion of privacy, unauthorized use of name or likeness for commercial purposes (right of publicity) or defamation. The releases are much easier to get during the shoot than after.
Documentary filmmakers have some leeway when it comes to releases, so getting a signed form from a passerby or everyone in a crowd is not necessary on First Amendment grounds. However, obtaining consent in writing (rather than on tape) from each person — including extras — whose name, likeness or identity will be included in your film is highly recommended.
In some states the consent must be in writing and, as with any contract, the forms will help avoid misunderstandings. Please note that those being asked to sign releases must be 18 years old. If they are younger than 18 you must get the consent of the minor’s parent or guardian.
Our sample personal release form gives the filmmaker permission to use the likeness of the person who signs the form in any way she/he sees fit, including advertising. This is often known as an unlimited release.
You may have heard that in order to make the release a valid contract you must make a token payment. While this practice is common, it is not required. The opportunity to appear in a film, screen credit or a complimentary DVD are examples of “consideration,” which is the exchange of promises that is the basis of every contract.
Finally, if you are making a film based on someone’s life story, your release agreement should include additional language that defines life story and addresses the subject’s right (or lack therof) to control shooting and the final cut. For examples, see The Pocket Lawyer for Filmmakers by Thomas A. Crowell and Clearance & Copyright by Michael Donaldson. Be aware that the right of privacy and the right of publicity vary from state to state.
Note: If you formed an LLC or some other business entity in order to make your film, then the business must be listed as the filmmaker.
Next: Compensation
