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Release and authorization to use voice and likeness: How-to guide

A release is a written agreement between the person (or talent) who is the subject of a picture or recording and the company that wants to use the image or sound for its own purposes. Creating a release protects the company from lawsuits alleging it didn’t have the right to use those representations. By signing the release form, the person grants the company the right to use their image or sound.

All companies planning to use a person’s image or sound need a release. A release provides legal protection and increases the salability of your final product.

Having a talent sign on the written contract minimizes the scope of confusion and errors. It sets forth expectations and fulfillment obligations, enabling successful and profitable business arrangements between the parties.

When is a release or a consent form needed?

A release is needed before publishing an image or broadcasting a recording. The kind of release form that must be signed depends on your project. There are different release forms based on the type of media and/or the age of the talent, etc. Here are some of the most commonly used release and consent forms:

1. Image release form

Image release forms, or model release forms, are used to obtain consent from your model before publishing their pictures for commercial use.

If your model is under 18 (minor), you must obtain permission from the model’s parent or guardian on the release form.

2. Voice recording release form

If you’re merely taping the sound of your talent on your mobile device and using it for non-commercial purposes, it doesn’t require a consent form. 

Releases are obtained when the recordings are required for unrestricted use in trade or advertising. Many commercial buyers and broadcasters are cautious and prefer to purchase sounds accompanied by a release.

3. Video release form

A video release form, also known as a talent release form or a media release form, is a legal document that grants permission to a third party to use an individual's appearance for various purposes, such as media, online, physical products, or any other type of publication. In video release forms, the third party can use the individual's likeness in video footage and still image format.

You must get a talent/media release form signed by all actors and non-actors (real people) in your video. If you have under-18 individuals (minors) in your shoot, you can modify the paperwork and get the form signed by their parents or the legal guardian.

4. Location release form for private properties

Although releases are most often of personal characteristics (like voices or images), authorizing and releasing the use of private property like buildings, land, and pets has become increasingly common. This may seem extreme, but having such releases will increase an image’s financial gain, assuring potential buyers that they’ll be protected if they choose to publish.

Drafting a “release and authorization to record and use voice and likeness”

This step-by-step guide will help you understand the terms of your release.

Introduction

This section identifies the document as a release and authorization of use. Add the date on which the agreement will become effective, identify the parties, add the business name, and, if applicable, specify their organization type.

The party that’ll use the voice or likeness is called the “company,” and the party giving the release and authorization to use their image is called the “releasor.”

Payment

This section mentions the amount paid to the releasor in exchange for the company’s right to use their image or recordings.

Participation

This clause captures the releasor’s agreement to take part in recording or photography sessions with the company and to allow the company to make or take those recordings. 

Grants

This section lists the rights being transferred with this document. It is meant to ensure that all rights are being provided and that future uses of those rights aren’t limited (e.g., an image can be used electronically and in print).

Release

This clause is the releasor’s promise not to object to any use of the recording that was made of their voice or image. This is the “release” of claims against the company.

No obligation to use

This section is a notation that although the company has the rights to use the image or recording, they have the option not to do so.

Releasor’s representations and warranties

This clause details the releasor’s promises under the release. Essentially, they agree to enter into the arrangement based on the conditions listed in this section, such as being capable of entering the agreement and satisfying the terms, and many more.

Assignment

This section explains that, under the release, the releasor isn’t entitled to assign its own interest to third parties. The company has the right to assign its obligations and interests without obtaining the releasor’s permission.

Governing law

This clause allows the parties to choose the state laws that’ll be used to interpret the document.

Modification

This section indicates that any changes to the document are only effective if they’re made in writing and signed by both parties.

Severability

This clause protects the terms of the agreement as a whole, even if one part is later invalidated. For example, if a state law is passed prohibiting only choice-of-law clauses, it won’t undo the entire agreement. Instead, only the section dealing with the choice of law would be invalidated, leaving the rest of the agreement enforceable.

Notice

In this section, add the mailing addresses of the company and the releasor to which all the official or legal correspondence should be delivered.

Waiver

This clause clarifies that failing to enforce one party's obligation doesn't waive the other party's right to enforce it in the future.

Entire agreement

Both parties agree that the document they're signing represents the complete agreement with all the necessary terms involved.

Counterparts; electronic signatures

This section specifies that even if the parties sign the agreement from different locations using electronic signatures, all parts will still be considered a single agreement. This provision ensures that business transactions can be carried out effectively without compromising the overall validity of the agreement.

Headings

This section clarifies that headings are for organizing the document and aren’t operational parts of the agreement.

Reviewing the release

Before signing any legal document, it is crucial for both parties to carefully review it to avoid any misunderstandings. Ensure that all relevant deal points are explicitly stated, and don't make any assumptions.

Notarizing the signatures

Sign two copies of the release—one for yourself and one for the other parties. Depending on the terms outlined in the release, consider having it witnessed or notarized, as this’ll help prevent any disputes or challenges to the validity of the signatures at a later time. 

If your agreement is complicated, contact an attorney to help draft a release that meets your needs.

Frequently asked questions

What is a release and authorization to record and use voice?

When you take a picture or record someone's voice or image for your company's use, that person needs to consent to use their image or recording. A written consent minimizes any future confusion or misunderstandings. With a release and authorization document, you can gain that permission and stipulate how much compensation the owner will get.

How do I write a release and authorization to use voice and likeness?

To create an effective release and authorization to record and use voice and likeness document, you’ll need the following information:

  • Details of the release: This includes permissions, what state's laws will govern this release, and compensation
  • Information on the parties involved: Know who the release is prepared for and have their contact information ready
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