Legal Question in Intellectual Property in Massachusetts
Four years ago I was filmed by an independent filmmaker about a minor historical event involving a group of people including my deceased relative. My particular story adds drama to the documentary that would otherwise not have been there. I also let them take footage of family pictures and letters. They are submitting the film to film festivals, they hope to have PBS take interest in the film, and they hope to later have the true story made into a movie. They had me sign a release form which states in very simple terms that I allow them to use my image in the film and that I will receive no compensation for the film. The film is in the final stages of completion and now they want me to sign a second release form, which they say is required by the film festivals they will submit to. In a totally separate project, I will also be writing about the historic event in a book about my family.
What do I give up by signing these release forms?
In the second release form, can I add my own clause saying that if the film gets sold and makes money that I have rights to some of that money?
Also, over time I have realized that maybe I do not want to be part of this project at all, and I want my part completely removed from the film. Is it too late for that?
What happens if I decide not to sign this second release form?
Here is the verbage of the new release form:
RELEASE STATEMENT
I authorize X to make use of my appearance for a video project known as [video].
I understand I will receive no compensation for this appearance. X shall have complete ownership of all footage. I give X the right to use my name, voice and likeness. They may:
1. Photograph me and record my voice, likeness and work whether by film, videotape, digital photography or otherwise;
2. Make copies of my voice, likeness, etc. for any purpose related to this project, including publicity.
I grant X the rights to use the pictures and any other historic material I provided for use in the documentary film. I warrant I have the right to grant such rights and indemnify X and all others associated with the film for use of the historic material. I understand I/we will receive no compensation other than credit in the film.
I further understand all tapes remain the property of X and that there will be no restrictions on the number of times my name and likeness may be used.
1 Answer from Attorneys
You very fortunately have entered the "portal" of entertaiment production. The dark/ downside of this wonderful reality is that all those without good legal representation lose - Sometimes lose big! You need to retain a good lawyer asap.
This Office is experienced in the film and music worlds. I have been an active member of SAG since 1996 and have owned record production and film production companies in LA and the East Coast. I have also represented the fine artist in Boston and the City of Boston Office of Cultural Affairs in the past.
This Office often provides free initial phone consultation to serious accomplished members of the Massachusetts creative arts community.