This artwork release is made by
1. PERMISSION TO USE ARTWORK.
2. RIGHTS AND OBLIGATIONS.
The Filmmaker shall solely own all interest in the Film and promotional material for the Film, including all copyrights. The Owner will have no ownership or other rights, including rights of inspection or approval, in or to the Film. The Filmmaker shall have the right to distribute, exhibit, market, advertise, publicize, and otherwise exploit the Film, including any images of the Artwork, by any title, in all media, now known or unknown, in perpetuity, throughout the world (the "Exploitation"). Nothing in this release obligates the Filmmaker to (a) cause the Exploitation, (b) pay any money with respect to the Exploitation, or (c) use the Artwork in the Film in a certain manner or at all.
3. RELEASE.
The Owner hereby releases the Filmmaker from any liability arising from the Use, including that based on invasion of privacy or publicity, defamation, or copyright.
4. OWNER'S REPRESENTATIONS.
The Owner hereby represents that:
- (a) it is the sole owner of the copyright in the Artwork and has the full power, to enter into this release and to grant the Use for the Film;
- (b) the Filmmaker's exercise of the rights under this release will not infringe any copyrights or violate any third party's rights, and no third-party permissions are required to grant the Use for the Film; and
- (c) the rights granted under this release are not subject to any litigation or encumbered in anyway that would interfere with the Filmmaker's full enjoyment of the rights.
[SIGNATURE PAGE FOLLOWS]
The Owner is signing this release on the date stated opposite its signature.
Date: _____________________________ | By:_______________________________________________ |
| Name: | |
| Social Security Number:______________________________ |
[PAGE BREAK HERE]
EXHIBIT A
Include a photograph of the Artwork here
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.
Artwork release form: How-to guide
As an artist, managing artwork permissions can be overwhelming. It is essential to safeguard the interests of all parties involved, mainly if a business has expressed interest in using your artwork for their products, such as a film, an event, or a physical item.
If you're an artist or an organization that needs a simple way to manage artwork permissions, the artwork release form is the perfect solution. This form is designed to capture all necessary consents for using artwork in various venues and formats. It is essential to protect yourself from future disputes over ownership rights.
The artwork release form (also known as an art release or artist release form) is a binding agreement between the artist and the individual or the business that intends to display, publish, reproduce, or distribute the artwork. The primary purpose of this document is to protect the artist's copyrights and ensure that they retain ownership of their work.
What is an artwork release form?
An artwork release form specifies the terms and conditions, such as the extent of usage, payment, and any limitations or restrictions on the use of the artwork. Signing this document gives the parties peace of mind, knowing that all release obligations have been fulfilled in a fair and transparent manner.
Where can the artwork release form be used?
Artwork release forms are used in various industries, such as film, photography, music, performing arts, decorative arts, and more, to ensure the artist owns the content captured. Some instances may be:
- A web-series production house asks permission to create a web series on a story inspired by your writing.
- A kid's channel featuring a cartoon show wants to include your copyrighted soft toy as the show's main character.
Why is an artwork release form important?
In the ever-changing world of art, some things can’t be predicted. Once the end product in which the artwork was used is ready, an artist may withdraw their consent to use footage, photos, or audio. After all the hard work filmmakers have put in, if an artist decides to retract their consent to use their work publicly, it could have serious consequences. For instance, films might have gaps in the flow of the story, or a song might be removed entirely from the movie.
Here are the reasons to get an artwork release form in place:
- To avoid litigations/legal roadblocks: Release forms ensure that any produced content was done with the owner's consent. This protects creators in case of any legal disputes.
- To ensure copyright protection of the filmmaker's creativity: Having release forms benefits creators who wish to obtain a copyright on their work since it ensures no legal obstacles.
- To clarify portfolio usage or promotional activities by the owner: These forms also establish the right ownership, which is helpful if the final output needs to be used in future advertising, broadcasts, or other channels by the owner and as a part of their portfolio.
What are the key aspects to consider for an art release form?
Verifying identities for a secure agreement
To ensure a secure and trustworthy agreement between the parties involved, the artist needs to verify the parties' identities before signing any permission. This includes confirming all parties' legal names, contact information, and other relevant details. By doing so, the artist can be confident that they are entering into an agreement with individuals or organizations, which can help prevent potential disputes or issues. Additionally, verifying the parties' validity builds trust and establishes a positive working relationship between everyone involved.
Specifying the conditions
As the creating artist, you can specify the conditions under which the other party can use your artwork.
Reviewing the information
It is essential to read the release form carefully before signing it to ensure that you understand and agree to the terms. Review all federal, state, and local laws or regulations.
Signing the release form
Once the parties have agreed on the terms outlined during the negotiation, the artist authorizes the document by providing their signature.
Understanding the components of an artist release form
Detailed description
When submitting an artwork release, it is vital to use a form that provides a comprehensive and detailed description of the artwork in question. This description should include information about the artist and filmmaker as well as the details of the artwork.
- Artist's information: Add crucial details about the artwork's owner, such as their full name, email address, and contact number.
- Filmmaker's information: Include the full name of the filmmaker(s) (mention the production house's name if applicable), their email address to authenticate the communication and contact details.
- Details of the artwork: The information you provide about the artwork in the form should be complete. It should include the title, the year it was created, the medium used to create it, its dimensions, and any unique characteristics that make the artwork stand out. By providing a clear and comprehensive description of the artwork, you can increase the chances of it being secured by the artwork.
Permission
In this form, the filmmaker requests the artist or the artwork owner to agree to grant the filmmaker further rights to use the artwork.
- Waiver and release: A statement releasing the artist from certain liabilities related to the artwork's use.
- Artist's signature: Legally binding sign-off and validation.
- Date of signature: The date when the agreement is formally executed.
Rights and responsibilities
The artist who signs the release form retains all rights to their copyrighted material. This section specifies what rights an artist grants to the filmmaker—rights limited to a specific proposed use and that the artist is not giving away the copyright of their artwork.
The filmmaker who receives the signed release form is responsible for using the copyrighted material according to the terms specified. If they use the material outside the scope of the permission granted, they may be violating copyright law.
Release
This section acknowledges that the filmmaker is not responsible for any liabilities from using the artwork.
Representations and warranties
This section outlines the promises made by the artist in the release form. The artist confirms that they are the sole owner of the artwork, that it has no contributions from any other source, and that no other individual or company can claim ownership or other rights to the artwork.
Frequently asked questions
What's an artwork release form?
Getting clearance to use artwork in a movie or other filmed story is essential in an already collaborative process. An artwork release form allows a filmmaker to use a specific work of art or reproductions of that art while protecting the owner's rights. This includes the terms of how the artwork will be used and payment for its use.
Here's the information you'll need to have handy to complete your artwork release form:
- Who it's coming from (the artist or owner of the artwork): Identify the artist or the owner who is sending the document and have their name and contact information ready for future communications
- Who it's going to (the filmmaker): Know who this document is going to and have the individual or business name and contact information ready
- Subject matter: Be clear about the description of the artwork to be released
- Payments: Decide if the filmmaker will pay the art owner a fee, and if so, how much
How does an artist release form work?
Suppose a film production company wishes to use your art in one of its movies. The artists can use the artwork release form for a song, melody, or any other artwork they have created for a cinematic work. These are just some examples of occasions where artists will need an artwork release form to protect their rights to their artistic creations and release it to the filmmaker or the film-making company. Whether it's a release to sell artwork to a film company or an artist release form for an art exhibit, all standard artist release forms focus on protecting an artist's rights to their original artwork.
Location Release Form
Minimize the risk of filming on a third-party location with a location release form. Ensure a smooth shoot and protect both the production and location owner's interests.
Model Release Form for Adults
Obtain consent from models to use their pictures with a model release form. Get the terms in writing and explain where and how you will use the pictures.
Model Release Form for Minors
Take the necessary permission from a minor model's parents or guardians to publish their pictures. Create a model release form for minors to secure the pictures with consent.
Sponsorship Commitment Form
Make it easier for sponsors to fulfill their commitment with a sponsorship commitment form. Get assurance from your sponsors on financial support.
Submission Release Form
Get consent to use a creator's work with a submission release form. Protect the rights of involved parties by clearly defining usage terms of the submitted content.
Talent Release Form for Adults
Obtain consent from people for using their voices, images, or performances with a talent release form. Provide assurance to the talent of the rightful usage of their assets.