Talent release form: How-to guide

A talent release form lets one party record and use another party’s image, voice, appearance, or performance. This second party is often an actor, singer, or other performer. The recording may be on film, videotape, audiotape, or other media forms and may be used in a motion picture, on TV, on the web, or in advertisements.

Whatever the name of the release form is, it grants permission to use the talent or an actor’s name, voice, image, or face in a film, promotional materials, or other commercial purposes.

Your go-to instructions list to create professional talent release forms

Contents to be included in a talent release form 

A talent release form lets one party, often a filmmaker or producer, record and use another person's voice, image, or performance. At a minimum, this release form should include:

• A description of the recordings
• Limitations on how the recordings can be used
• Payments for the use of a talent’s image, voice, or likeness in a production
• A talent’s release of claims against the filmmaker for its use of the recordings

Once the terms and conditions of the talent release form are finalized, record them in writing.

Rights of the recorder or production company 

If you’re the recorder or production company, you would like to get full permission to use the talent’s image, voice, or performance recordings in your project.

Oftentimes recorders will want a release that:

• Ensures that they will continue to own the recordings.
• Gives extensive rights to use the recordings.
• Sets them free from claims based on the use of recordings.
• Protects them from third-party claims about the recordings.

Obligations and duties of the talent

If you are the talent, consider the following if you are asked to sign a talent release form:

• Are you happy with how the recordings and your name can be used?
• Will you need to defend the creator if they’re sued for using the recordings?
• Will you be required to protect the creator if you’re sued because the creator used the recordings?

Concerns of the talent

As a talent, if you have concerns about the inappropriate use of your recordings, then you should raise your issues with the creator before signing the talent release form.

Timely reviews

Both the talent and the creator should review the talent release form properly. Check whether all the agreed-upon terms are clearly drafted, if there is anything yet to be added, if there is any miss, etc. This will prevent the parties from coming in the future and raising any issues regarding the arrangement.

Need for a witness to sign a standard talent release form

To limit further claims and disputes, you may want to have a witness who also signs the release form. This should be someone who is not related to either party. A witness can help limit claims that the release is not authentic or the signatures were not those of the parties.

Signing and storing of talent release forms

Both the actor and the creator should sign two copies of the talent release form. One release form is handed over to the actor, while the other is kept by the creator.

Legal help

If you have doubts while drafting your talent release forms, it is better to involve an attorney. The attorney can easily draft your talent release forms suiting your requirements.

Important clauses in a talent release form template

Generally, in talent release forms, there are certain key clauses that you can’t do away with. Hence, a talent release form template also includes those provisions to avoid any legal ramifications.

To understand the clauses better in your actor release form, the following instructions will help.

Introduction

The introduction section identifies the parties involved in the release form. In this agreement, the person making the recording is called the creator, and the person who is the subject of the recordings is the talent.

If the creator is a production company or advertising agency, you need to provide the details of that too. The type of organization they are, their address, and contact information.

You also need to mention the amount paid by the creator to the talent to use the recordings.

Permission to make and use recordings

Permission to use: This subsection lets the creator create the recordings and describes how the recordings can be used.

Along with it, you also need to mention the date and day on which the recording will be shot. Including this information clarifies which recording is being talked about in a specific talent release form.

This section also lets the creator use the talent’s name and biographical information in connection with the recordings. This may be something like a mention of the person’s name in an opening or closing credits at the end of a film or text appearing on a photograph.

It also lets the creator use the recordings for any legal purpose and in any kind of media. However, there is a provision that allows the parties to make some exceptions to this broad statement.

You must also provide any limitations on how the creator can use the recordings. For example, the talent may not want the footage used for pornography or commercials for a certain disease.

This section also lets the parties list the specific project for which the recordings may be used. For example, the motion picture tentatively titled “XYZ,” or the “ABC” ad campaign.

No obligation: This subsection specifies that although the talent release form gives the creator the right to use the recordings, the creator has no obligation to use the recordings. In other words, they are the creators to do what they please.

Assignment; waiver

In this section, the talent assigns all of their rights for the recording to the creator. In addition, they give up their rights to inspect or approve them before they are used. They also can’t receive any other payment for the recordings. Whatever they have received under the release is the only payment that will be made.

Release

This section protects the creator from liability for its use of the recordings. In other words, the talent agrees not to sue the creator if and when the recordings are used. In other words, the talent gives up (i.e., “releases”) any claims they may have against the creator.

Talent’s representations

This includes the talent’s promise that they have the ability and authority to sign the release and understand what is being signed.

Signatures

The talent should sign the talent release form with their name, address, and social security number (which may be necessary for tax purposes.)

If there was a third party witness present during the signing then mention the information of the witness too.

Benefits of using a talent release form template

A well-drafted talent release will clarify each party’s rights and list all permitted (and prohibited) uses of the recordings. A talent release form is needed to stop the unauthorized use of:

• A talent’s voice recording
• Talent’s image
• Talent’s likeness
• Person’s face

A talent release form template helps you draft your talent release forms much faster and easier. LegalZoom offers you a template that is simple and easy to use. To use our template, all you have to do is answer a couple of guided questions, complete the form, and download the document created from the template for free.

Frequently asked questions

What’s a talent release form for adults?

Whether you’re creating film, audio, digital, or another kind of media production, you must ensure that you have permission to use your talent’s voice, image, or performance before sharing.

A talent release clarifies the creator and talent their rights. It details important permission granted by the talent to the creator to use their photo, voice, or performance for commercial use.

A basic talent release form prohibits the creator from misusing the talent’s recordings.

What essential details are required to fill out a talent release form?

Here's the information you'll need to have handy to complete your talent release form for adults:

• Details of the release: It includes details for which the talent has granted permission to use their recordings, the project name (if it is a film, then the name of the film), rights of the talent and the creator, and restrictions for using the image, voice, or performance of the actor.
• Who is involved: Provide the details of the talent and creator.