CompuServe Thread

The legal theory is that there must be "consideration" for there to be a binding contract. The consideration is often the $1 that is mentioned in most agreement. Another possible consideration is the exposure you'll give to the subject of the release. At best, releases are persuasive that the subject did not object to the use of their likeness. To be effective, the release should state who took the image, when and for what purpose it will be used and for all long. The major hollywood studios all use language similar to "for all purposes through-out the universe in perpetuity."

Gentlemen: I shoot industrial videos and use the release printed below. I make sure that every individual that appears in the video (either in person or is named in credits, etc.) signs one. Employees of the subject video must sign a release. Should these individuals not sign a release and later have their employment terminated for any reason, they could ask for compensation as long as the film they are in is being used. As a producer, you should never be without blank release forms. I offer the release form only below as part of your conversation. I advise you to consult with your attorney before using this form – have him review it and make sure it will fill your needs. I make no statement of mechantibility or fitness for a particular purpose regarding this form. Laws can vary from state to state and this release form may not offer the protection you require. Joe Matyas Legal Video Services, Inc. Individual Release Agreement The undersigned enters into this Agreement with —————————— (Producer). I have been informed and understand that Producer is producing a videotape program and that my name, likeness, image, voice, appearance, and performance is being recorded and made a part of this production ("Product"). I grant Producer and its designees the right to use my name, likeness, image, voice, appearance, and performance as embodied in the Product whether recorded on or transferred to videotape, film, slides, photographs, audio tapes, or other media, now known or later developed. This grant includes without limitation the right to edit, mix, or duplicate and to use or re-use the Product in whole or part as Producer may elect. Producer or its designees shall have complete ownership of the Product in which I appear, including copyright interests, and I acknowledge that I have no interest or ownership in the Product or its copyright. I also grant Producer and its designees the right to broadcast, exhibit, market, sell, and otherwise distribute the Product, either in whole or in parts, and either alone or with other products, for commercial or non-commercial television or theater, closed-circuit exhibition, home video distribution or any other purpose that Producer or its designees in their sole discretion may determine. This grant includes the right to use the Product for promoting or publicizing any of the uses. I confirm that I have the right to enter into this agreement, that I am not restricted by any commitments to third parties, and that Producer has financial commitment or obligations to me as a result of this agreement. I hereby give all clearances, copyright and otherwise, for the use of my name, likeness, image, voice, appearance, and performance embodied in the Product. I expressly release and indemnify Producer and its officers, employees, agents, and designees from any and all claims known and unknown arising out of or in any way connected with the above granted uses and representations. The rights granted Producer herein are perpetual and worldwide. In consideration of all of the above, I hereby acknowledge receipt of reasonable and fair consideration from Producer. I have read the foregoing and understand its terms and stipulations and agree to all of them. Date: