A media liability rerelease form is a legally binding contract that serves as authorization for an individual or production/publishing team to reproduce and/or publish certain media content allowed by the content owner. The recipient or releasee can produce and modify media content such as videos, images, record sound, and others that belong to the releasor. The releasor and releasee have to declare their personal information in order for the form to be deemed valid.
If you benefit commercially from publishing an individual’s property in terms of media, then you will need written permission before you publish. The person’s property in these terms includes their videos, images, drawings, voice, painting, or name. Publishing for commercial purposes means that you are using an individual or professional model’s property of the type of categories specified above to promote your personal ideas, products, or services. They include the images you are selling, what you post on your website, and anything that will be used for advertising.
For individuals who are no up to 18 years old, a legal guardian will be needed to sign the form. In such a case, once their parents or guardian signs, the subject/releasee is allowed to control, edit or approve the usage of their likeness for the content covered in the agreement. Ensure to get a media liability release form before you start working on your production because you don’t want to be in a position where you have taken a perfect shot to get into trouble because your subject did not permit you to use it. A media liability release form should be the first thing you take care of. The form can be signed before or after the impacted party has participated in an event that depends on the local state law.
Information Included in a Media Liability Release Form
The content of the media liability release form may include the options on how the media content will be utilized and the longevity. It will also specify if it is for a particular activity, and therefore, it is for one-time use only. A media liability release form is usually valid for the lifetime of its existence unless otherwise noted. Unless otherwise stated, the form will be valid for the lifetime of its existence. The form should include all related components; basic as well as those components that are based on the occurrence of scenarios that are likely to arise;
Common information that media liability release forms include are:
- Right to compensation: The releasor has the right to compensation. By signing the form, the release acknowledges that the owner of the property has the right to compensation. The release will compensate the releasor for using their content.
- The right to approve or disapprove: This means that the Releasor has a say over how their content is used by the release. They have the power to approve or disapprove of the content the release has created.
- Breach of contract: The Releasor acknowledges that other contracts will not be breached by participating in the current agreement.
- Release from liability: The form also includes the acknowledgment that the subject releases any applicable business entity or firm/organization from liability and all claims.
- Class of release: There are typically two types of releases – limited or blanket. The form will state the kind of release it is; in terms of either one of these two.
- Releasee’s Rights: The form will include the rights of the releasee, which include the right to produce, reproduce, print, edit, share, or trade content as desired.
Note: The media liability release forms are subject to local state laws. Notarization may also be required. A legal counsel may be consulted to ensure the validity and scope of the form.
Format of a Media Liability Release Form
When you are drafting a media liability release form, ensure to include all the important information and in the right order too. This information about the releasee and the releasor makes the form valid. This mainly includes their personal information.
The following can be found in a media liability release form:
Names of the releasee and releasor
Primarily, the names of the releasor and the releasee should be included in the media liability release form as a means of identification. It can be a business name or the individuals’ names.
Both parties must secondly provide their valid home or office addresses in the form. Address is an essential part of their identity as well as method of communication between the two parties during the time of professional interaction, specially in case an emergency or urgent requirement arises.
Email and phone number
Both party must include their valid email and phone number. This is important as it serves a means of communication between the individuals, which will be a basic and essential requirement throughout the project’s timeframe.
The form is invalid in legal terms without the releasee and releasor’s signature. Their signatures in a media liability release form signify that they have agreed to the terms and conditions.
Acknowledgement of age
Both party’s acknowledgement of age should be included in the form. This is to ensure that they are legally qualified to sign a media liability release form and are of the right age to be making ths decision.
Identification and consent of legal guardian
This is important when an individual whose property is to be produced and used is not of an age up to 18 years (is a minor). An individual below 18 is not legally qualified to sign the form , therefore their legal guardian will be required to do so on his or her behalf.
Download free customizable media liability release form templates from here
Warning: A lawsuit can be filed against an individual/media publisher who uses somebody else’s content without permission. This is why a media liability release form is essential in legal terms. It gives the releasor right to produce or reproduce the releasee’s content legally.. Not using a media liability release form can lead to legal charges and cause damage/loss to the entire production company.
If you are new to producing content, you may not be aware of the laws that surround the intellectual property. You may share someone’s image or video without knowing that you have violated the owner’s privacy and publicity rights. To prevent lawsuits, all you need is a media liability release form.