Release form issue...

17 replies [Last post]
Nintembo
Offline
Joined: Jun 22 2004

Hi,

I have an interview with a singer.

I don't have a release form for the interview (she now refuses to sign one unless she is paid)

However the promoter of the event that paid her to perform is willing to sign of the release.

Is this possible?

Say her contract covered interviews / publicity (which I am in the process of checking) would I need a release form from her? Or just the person who paid her?

I plan on using the footage for commercial use.

THANKS IN ADVANCE.

DAVE M
Offline
Joined: May 17 1999

I think you'd need to have sight of her contract with the promoter.

You could find yourself in all sorts of trouble if you used the footage and then found out that the promoter didn't have the right to release htyhe singer's material.

Nintembo
Offline
Joined: Jun 22 2004

I have now been told there is no contract (verbal agreement, paypal transaction)

But perhaps more interestingly - the American singer had no work visa to come over her and do a show...

Where would I stand now? Surly somebody who didn't have a work visa can't demand money?

Maxwell
Offline
Joined: Jan 13 2007

You do not state what involvement you have with this singer regards interview. Or why you are in this situation. never use other peoples material, unless you have it in black and white. "that You Can'.
If you are going to have any hazel doing this. Move on to some other item of hazel free subject.

Nintembo
Offline
Joined: Jun 22 2004

Its my interview. I filmed it. I produced it.

Other than a colour, what the hell is hazel?

foxvideo
foxvideo's picture
Offline
Joined: Sep 9 1999

Had me wondering! - I think he meant 'Hassle' :)

Dave Farrants Fox Video Editing

Maxwell
Offline
Joined: Jan 13 2007

Sorry my error. I used the wrong wording.
My Mac dictionary does not recognizes "Hazzel".
If it is worth paying her the money and you feel that you need to interview the singer for you production then i would say yes.
I think you know all about the copyright set up?.

Maxwell
Offline
Joined: Jan 13 2007

To fast on the the key board. Hassle is the word i was after.

Nintembo
Offline
Joined: Jun 22 2004

Yes but a certain amount of pride comes into it. If I can go without the entrapment situation - I would love to. I'm trying to find out legally where I stand.

Maxwell
Offline
Joined: Jan 13 2007

Legally you must have in writing a contract regards any material you use which is not yours. If she does not agree with your interview regards using her material, you must contact her agents and work out terms. Any payment you make state your terms and how your video is going to be distributed and shown. If is is a money making project.
My "Beatle" film material is copyright and any person wishing to use it has to draw up a contract and state the amount of time it will be shown.

Chrome
Offline
Joined: May 26 1999

Maxwell can you tell me more about your Beatles film please? I might be very interested if you have original Beatles footage... let me know what it is if you do and we might be able to do a deal.:D

Maxwell
Offline
Joined: Jan 13 2007

My footage has been use for the making of HTV's program "HOME MOVIES" on several occasions. Plus there is a video out in Liverpool called the "Liverpool the swinging 60s" narrated by Ken Dodd.
I worked with the Beatles in the 60s on Hard Days Night and Help and took cine film, plus filmed them at Hollywood Bowls. This is all silent material as us amateur film makers were not into the revolution and cost of sound.
If you still want to contact me feel free to send me a private e-mail

DAVE M
Offline
Joined: May 17 1999

Hard Day's Night is on this week on the BBC I think

Maxwell
Offline
Joined: Jan 13 2007

Tonight at 11:30 on BBC TWO.
This was the introduction to them breaking into movies on the big screen.
Ringo came up with the film's title.
Still most of you will know the history.
Just to let you know in case you think i'am a Beatle fan.
At that period of time "NO" i was a "Shadows fan and still is. Plus I like the work of the American group "THE VENTURES" which i doubt many of you have never heard of.
Regards making movies like we make video today. We have in one aspect lost the enthusiasm to make films or videos. We are more interested in our software to bring the best out of our work. We spend hundreds of pounds to buy the state of the art software and computer and find that we spend hours of asking and searching the web for information when thinks go wrong. Thank god we have forums and people who give there time to help us with information.
Many of you will disagree with my statement. But when you have seen the rise from starting to make cine film to this present day then you will understand my meaning. This modern day of technology is wonderful, but a hard learning curve for many of us.

Chrome
Offline
Joined: May 26 1999

Maxwell you have a pm

Nintembo
Offline
Joined: Jun 22 2004
Maxwell wrote:
Legally you must have in writing a contract regards any material you use which is not yours. If she does not agree with your interview regards using her material, you must contact her agents and work out terms. Any payment you make state your terms and how your video is going to be distributed and shown. If is is a money making project.

But it isn't her footage. It is my footage OF her. She agreed to the interview. But now she wants money for the form.

And I have also found out she didn't have a work visa to be over here?

foxvideo
foxvideo's picture
Offline
Joined: Sep 9 1999

I've held off commenting on this one as I have no legal training or experience, but you've got to ask yourself - if you use it and she takes it to the legal eagles.......can you (or your distributor) afford to fight it with the possibility you might lose?

There are way's round the work permit situation - she was working for "free" but her expenses were paid etc....using an interview in a 'for profit' production without a release form is a lot more difficult to explain in court.

Dave Farrants Fox Video Editing

Maxwell
Offline
Joined: Jan 13 2007

Dave o.k you got her interview. She can say what she wants on that side. You have it in moving images. She cant say, she did not agree with you interviewing her. I hope you have the receipts of her expenses?. if so she has no case. But music, she can have you unless you make a written agreement and is the material her copyright?
If your production is worth all the trouble then tell her. You give her a payment for the song and nothing else. I just get the feeling she is trying to squeeze as much money out of you as she can. Call her bluff and say you are shelving the production, as you cant afford any more payment. Budget is gone over the top.
There wont be any court case on interview, but music could be a yes if she owns the rights and that she will have to show to you.
Keep us posted