Legal release
Encyclopedia
A legal release is a legal instrument
that acts to terminate any legal liability
between the releasor and the releasee(s), signed by the releasor. A release may also be made orally in some circumstances. Releases are routinely used by photographers, in film production, by documentary
filmmakers, or by radio
and music
producer
s when they photograph, film, video or record the voice or performance of individuals to be sure that the person consents or will not later object to the material being used for whatever purpose the releasee (or anyone they may assign the release rights to) wishes, i.e. that the releasee wishes to use the images, sounds or any other rendering that is a result of the recording made of the releasor (or property owned by the releasor for which the releasor may claim some other right such as industrial design rights
, trademark
or trade dress
rights). This will help in insuring the copyright
owner has a clean chain of title
for any work if it is later published, broadcast, shown in a public cinema or otherwise made public.
Releases are very often used to ensure that litigation is terminated when a settlement or compromise
between the plaintiff
(s) and defendant
(s) is reached. A general release may release any claims known or unknown that the releasor may have against the releasee. The release may also be very specific, i.e. dealing with specific acts between the parties and not applying to any other acts.
Generally a release is of the form:
However, most releases are much more detailed in the recitation of what is being released and the extent of the release (where it is valid, when it become valid if there are conditions on its validity, the amount of consideration if it is substantial) and they are either copied and modified as necessary from various form books or drafting manuals used by lawyers or are preprinted forms that are purchased from legal form publishers.
Releases should be drafted by a lawyer
, solicitor
or civil law notary
(not in the United States), except perhaps in the most routine of situations; if the release is not correctly drafted or does not recite any necessary limitations the releasee may find out later that the release did not cover all circumstances and the releasor may find that the release was too general and released some claim, right or entitlement that the releasor should have retained.
Legal instrument
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or...
that acts to terminate any legal liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
between the releasor and the releasee(s), signed by the releasor. A release may also be made orally in some circumstances. Releases are routinely used by photographers, in film production, by documentary
Documentary film
Documentary films constitute a broad category of nonfictional motion pictures intended to document some aspect of reality, primarily for the purposes of instruction or maintaining a historical record...
filmmakers, or by radio
Radio
Radio is the transmission of signals through free space by modulation of electromagnetic waves with frequencies below those of visible light. Electromagnetic radiation travels by means of oscillating electromagnetic fields that pass through the air and the vacuum of space...
and music
Music
Music is an art form whose medium is sound and silence. Its common elements are pitch , rhythm , dynamics, and the sonic qualities of timbre and texture...
producer
Record producer
A record producer is an individual working within the music industry, whose job is to oversee and manage the recording of an artist's music...
s when they photograph, film, video or record the voice or performance of individuals to be sure that the person consents or will not later object to the material being used for whatever purpose the releasee (or anyone they may assign the release rights to) wishes, i.e. that the releasee wishes to use the images, sounds or any other rendering that is a result of the recording made of the releasor (or property owned by the releasor for which the releasor may claim some other right such as industrial design rights
Industrial design rights
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three...
, trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
or trade dress
Trade dress
Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers...
rights). This will help in insuring the copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
owner has a clean chain of title
Chain of title
A chain of title is the sequence of historical transfers of title to a property. The "chain" runs from the present owner back to the original owner of the property. In situations where documentation of ownership is important, it is often necessary to reconstruct the chain of title...
for any work if it is later published, broadcast, shown in a public cinema or otherwise made public.
Releases are very often used to ensure that litigation is terminated when a settlement or compromise
Compromise
To compromise is to make a deal where one person gives up part of his or her demand.In arguments, compromise is a concept of finding agreement through communication, through a mutual acceptance of terms—often involving variations from an original goal or desire.Extremism is often considered as...
between the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
(s) and defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
(s) is reached. A general release may release any claims known or unknown that the releasor may have against the releasee. The release may also be very specific, i.e. dealing with specific acts between the parties and not applying to any other acts.
Generally a release is of the form:
-
- For good and valuable considerationConsiderationConsideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from...
, the receipt of which is hereby acknowledged, I, the releasor, release the releasee for any and all claims I may have against the releasee up to the date of the signing of this release [relating to or arising from _____________].
- For good and valuable consideration
-
-
-
- /signed/
-
-
However, most releases are much more detailed in the recitation of what is being released and the extent of the release (where it is valid, when it become valid if there are conditions on its validity, the amount of consideration if it is substantial) and they are either copied and modified as necessary from various form books or drafting manuals used by lawyers or are preprinted forms that are purchased from legal form publishers.
Releases should be drafted by a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
or civil law notary
Civil law notary
Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State...
(not in the United States), except perhaps in the most routine of situations; if the release is not correctly drafted or does not recite any necessary limitations the releasee may find out later that the release did not cover all circumstances and the releasor may find that the release was too general and released some claim, right or entitlement that the releasor should have retained.
Examples
- Current TVCurrent TVCurrent TV, or Current, is a media company led by former U.S. Vice President Al Gore and businessman Joel Hyatt. Comcast owns a ten percent stake of Current's parent company, Current Media LLC....
has a number of release forms for viewer created content. http://current.com/producerResources.htm - English WikipediaEnglish WikipediaThe English Wikipedia is the English-language edition of the free online encyclopedia Wikipedia. Founded on 15 January 2001 and reaching three million articles by August 2009, it was the first edition of Wikipedia and remains the largest, with almost three times as many articles as the next...
provides a template for users wishing to release all rights to their images. Template:No rights reserved - dpcorner.com, a longer model release form
External links
- NSW Photographer's Rights by Andrew Nemeth BSc (Hons) LLB, legal issues surrounding street photography in NSWNew South WalesNew South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, with some additional info on other states and countries.