3. Ask for the release before you film
Always ask for a model release before you start filming. For some reason it is very difficult to get people to sign model releases after filming is complete.
Simply say, “I need a release before I can use your image. Is that OK with you?” If the person hesitates or says no, my personal choice is to smile, thank them for their time, pack up and leave.
My own experience is that there is only one acceptable answer to the question “Will you sign a release?” An enthusiastic, “Yes! Where do I sign?”
4. Never take a promise instead of a release
Occasionally, people will refuse to sign a release before filming, but promise to sign later. They usually say something like, “We can take care of that later, I’m easy to find.”
When you go back to that person later, there is a good chance that they will either flat-out refuse to sign, and in some cases, they may even demand a payment for their release. In both cases, I believe the best response—if possible—is to re-edit the film and remove that person’s scenes from the film.
5. How to find an entertainment lawyer
Ideally, you should find an entertainment lawyer the same way you would find a dentist: Get a reference from someone you trust. Talk to another filmmaker, or to a producer and ask them if they can recommend someone they’ve worked with.
The laws and regulations relating to permissions may be different depending on exactly where you film. Laws and regulations can vary in different cities, counties, states, municipalities or countries. When you look for an entertainment lawyer, find one who knows the laws and regulations of the places where you plan to film.
Findlaw.com is a great online legal resource, and another way to find an entertainment lawyer. Go to the Findlaw.com home page and type “entertainment” in the search box. Findlaw will display a list of entertainment, sports and leisure lawyers by city.
A good way to find an entertainment lawyer is through your local non-profit filmmaking organization. Some non-profit filmmaker’s organizations even offer a free introductory consultation with an entertainment lawyer to as one of the benefits of membership. Even if they do not offer such a meeting, there is a good chance that other filmmakers in the group might be able to give you a personal referral to an entertainment lawyer. You can find filmmaking organizations in the Filmmaking section of Google Directory
6. Get the right release forms
The best source for a release or permission form is an entertainment lawyer. It can be risky to rely on “stock” or “boilerplate” forms, since every production is different, and every contract is different. A skilled lawyer can give you the exact forms you need, with the exact language you need for your specific production.
7. Resources
Pocket Lawyer for Filmmakers , 2007, Thomas A. Crowell, Esq. An excellent, well-written book by someone who has worked as both a producer and a lawyer. The Microfilmmaker review of this book says it all: “Microcinema filmmakers are especially vulnerable to potential legal problems because of a general lack of legal knowledge and/or resources. For this reason, The Pocket Lawyer for Filmmakers is a must-have…”
Findlaw.com A great online legal resource and a way to find a lawyer.
Google Directory for Filmmaking Organizations A way to find your local filmmaking organization.
San Francisco Film Society: Producer Track Classe . This Northern California organization is a good example of a well-funded non-profit filmmaker’s organization. Like most non-profits, SFFS offers regular classes and workshops in all aspects of filmmaking. Their Producer Track classes include several in which entertainment lawyers explain the legal issues faced by filmmakers.
Next Month:
Film Promotion 2.0: Getting Your Film Out Into The World
Copyright Tony Levelle 2010
