Legal Question in Entertainment Law in Illinois
Not having a talent release on a model
I recently filmed a magic trick instructional video with a friend of mine, he was the on screen talent for a 2 minute section of the video. He gave me verbel permission to use him in the project. He was fully awrae of the project and that it would be sold for a profit. He is not and has not requested any finacail compensation for his appearance I have tried to obtain a talent release from him but he will not sign any talent/model release. I have recently move and am unable to reach him. Since I have a verbal release am I okay.
2 Answers from Attorneys
Re: Not having a talent release on a model
You may have a problem. Verbal releases are OK if there was an exchange of consideration (or compensation), even as low as $1. Here you have a verbal gratuitous releases, which may be revoked at any time. You can still proceed with the project, but just know that he may come back at any time and revoke his permission and/or demand a big payment. At that point you've lost all of your bargaining power.
If you are in need of legal services, please contact me at my website at: www.entertainmentlawchicago.com.
Good luck,
Don Simon
Re: Not having a talent release on a model
You should always obtain a signed written release prior to shooting. You didn't state why he refuses to sign a release now, but you might try to overcome this reluctance by addressing his issue with signing, whatever that is, and/or by offering him some small cash inducement to sign such an agreement (assuming you can locate him). Otherwise, your verbal agreement isn't worth much, unless it was memorialized on videotape.
Negotiating and drafting releases are among the entertainment law services I offer, if you're interested: www.incorporatecalifornia.com (licensed in CA & IL).