Release Forms
The most important thing to remember with release forms (i.e. contracts) is that they prove that you as the producer own the right to exploit (i.e. benefit financially from) the resulting film or video. While they are not necessary if you are just starting out by making a film or video for friends and family to view, they become more important when the public starts viewing your film or video at film festivals. And should a distributor ever express interest in your film or video, they become absolutely necessary. If you are working on a student production or an ultra low-budget or even no-budget production, you can still avoid copyright and trademark infringement by considering the following:
- If you're including a breakfast scene in your film or video, for instance, don't show a brand name cereal when your characters can just as easily be eating something generic like eggs and toast.
- If you need a contemporary rock song, check out the bands in your home town rather than downloading a song from the Internet. A local band may be quite happy to get the exposure and credit for their original song that your film or video may give them, particularly if it does well on the festival circuit.
- If you need a score for your film or video, check out the music program at nearby colleges or universities. A student composer may be quite happy to work with you on your film or video for the same reasons a band might be happy to let you use their song.
The Documentary Organization of Canada has released a set of guidelines entitled Copyright and Fair Dealing: Guidelines for Documentary Filmmakers that help filmmakers make sense of how to use copyrighted materials in their films.
The following links are meant to be a helpful resource. There is no implied or explicit warranty by the staff or members of Grande Prairie Live Theatre or by the volunteers of the Reel Shorts Film Festival as to the fitness for any purpose of these sample contracts. GPLT staff, members, and volunteers cannot be held liable in any way whatsoever for use of these sample contracts. Users are encouraged to seek independent legal advice from a law firm that handles entertainment law.
Canadian
- Producer's Handbook - available on Telefilm Canada's website are the following sample documents:
- Chain of title (p. 15) - for documenting the acquisition of rights that establish the chain of title to your film that will give you the right to license it to a distributor or broadcaster or other licensee
- Option & Purchase Agreement (p. 16) - for acquiring the rights to an existing original literary work
- Non-WGC Writing Agreement (p. 39) - for acquiring the services of a writer to write a screenplay for you
- Assignment of Rights (p. 49) - for transfering the rights and obligations associated with your film to another company
- Story Editor Agreement (p. 51)
- Executive Producer Services Agreement (p. 63)
- Interprovincial Co-Production Agreement (p. 67)
- Producer Engagement Deal Memo for Director Driven Low Budget Feature (p. 86)
- Director Services Agreement (p. 90)
- The Legal Toolkit - available on the Bell New Media website are 12 sample agreements including the following:
- Confidentiality and Non-Disclosure Agreement
- Co-Production Agreement
- Independent Contractor Agreement
- Production Services Agreement
- IPA (Independent Production Agreements) - available on the Writers Guild of Canada website is a sample IPA for WGC Writing Agreement
- IPA Performer Contract - available on the ACTRA website is a sample performer contract for hiring an ACTRA actor
- Composer Model Contract - available on the Guild of Canadian Film Composers website is a model contract for hiring a composer to score your film
- For music that already exists and can be heard on the radio or downloaded on the Internet (i.e. you're not hiring a composer to write and record it for you), you need to find out the various people/companies (lyricist, composer, performer, record label, etc) who own the rights to the song so that you can negotiate non-exclusive synchronization rights and reproduction rights in order to include that song in your film, television program, or other audio-visual production. If it's a Canadian song, try contacting CMRAA (The Canadian Musical Reproduction Rights Agency Ltd.), "a non-profit music licensing agency, which represents the vast majority of music copyright owners (usually called music publishers) doing business in Canada." If it's an American song, read The Independent Film Producer's Survival Guide or a similar book for a list of music clearance companies.
- Producers Workbook 4, a book and CD produced by WIFTV (Women in Film & Television Vancouver)
American