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There are occasions when a release is required for a purpose other than using someone's name or image. Below we present two other forms of release: a release to use statements from an interview; and a release permitting to use of images of a building.
1. Interview Releases
Most reporters and writers do not obtain signed interview releases because they presume that by giving the interview, the subject has consented to the interview and, therefore, there can be no claim for invasion of privacy. In addition, many interview subjects don't have the ability or inclination to execute a written release --for example, a person interviewed by telephone for a deadline newspaper story.
Nevertheless, a written interview release can be useful. It can help avoid lawsuits for libel, invasion of privacy or even copyright infringement (since the speaker's words may be copyrightable). It's wise to obtain a signed release if the interview is lengthy, will be reprinted verbatim (for example, in a question and answer format) or if the subject matter of the interview is controversial.
It is common for an interview subject to ask to read or edit the interview or to have some comments removed or kept "off the record." Any agreement that is made with the interview subject (including an agreement for anonymity) should be documented. Failure to honor the arrangement may give rise to a lawsuit for monetary damages.
If the interview subject is willing to proceed with the interview, but does not want to sign a release, ask if he or she will make an oral consent into a tape or video recorder or video. Although not as reliable as a written release, a statement such as "I consent to the use of my statements for use in the Musician's Gazette" will provide some assurance of your right to use the statement.
a. Interview Release Agreement
An interview release is a hybrid agreement, part release and part license. The release below is suitable if permission is sought to use an existing interview or to conduct a new interview.
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Interview Release Agreement
Grant
For consideration which I acknowledge, I consent to the recording of my statements and grant to __________________ ("Company") and Company's assigns, licensees and successors the right to copy, reproduce, and use all or a portion of the statements (the "Interview") for incorporation in the following work ________________________________________________ (the "Work").
I permit the use of all or a portion of the Interview in the Work in all forms and media including advertising and related promotion throughout the world and in perpetuity. I grant the right to use my image and name in connection with all uses of the Interview and waive the right to inspect or approve use of my Interview as incorporated in the Work.
Release
I release Company and Company's assigns, licensees and successors from any claims that may arise regarding the use of the Interview including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity or copyright. I acknowledge that I have no ownership rights in the Work.
Company is not obligated to utilize the rights granted in this Agreement.
I have read and understood this agreement and I am over the age of 18. This Agreement expresses the complete understanding of the parties.
Name: ____________________________________________ Date: ____________________
Signature: __________________________________________________________________
Address: ___________________________________________________________________
Witness Signature: __________________________________________________________
Parent/Guardian Consent [include if the person is under 18]
I am the parent or guardian of the minor named above. I have the legal right to consent to and do consent to the terms and conditions of this model release.
Parent/Guardian Name: ________________________________ Date: ________________
Parent/Guardian Signature: __________________________________________________
Parent/Guardian Address: ___________________________________________________ | |
b. Explanation for Interview Release Agreement
- It's possible that the interview may already have been recorded, in which case the language "consent to the recording of my statements and" can be stricken from the Grant section. If the interview will be included in more than one work, list all works and change the term "Work" to "Works" throughout the agreement. Unlimited or blanket releases for interviews are not common, partly because subjects usually are not prepared to relinquish unlimited rights.
- If seeking unlimited rights (the interview can be used for any purpose) substitute the following Grant section:
Grant
For consideration which I acknowledge, I consent to the recording of my statements and grant to
______________________________ ("Company") and Company's assigns, licensees and successors the right to copy, reproduce, and use all or a portion of the statements (the "Interview") for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity.
I grant the right to use my image and name in connection with all uses of the Interview and waive the right to inspect or approve any use of my Interview.
If the interview subject does not wish to waive the right to inspect the final work, strike that sentence and arrange for the interview subject to provide approval.
- If the release is executed after the interview has been transcribed, it is helpful to attach a transcription of the interview to the release agreement. This provides an assurance that the interview subject has notice of what was said in the interview. Add a sentence to the grant section such as, "A complete transcription of the interview is attached and incorporated in this Agreement. " The release section provides protection against subsequent legal claims.
- If the interview subject is under 18, a parent or guardian's consent is required (see Section C1).
2. Property Releases
In some cases, you'll need to obtain a release for using pictures of places. You may find this odd -- after all if a building can be viewed publicly why is permission required to use an image of it? Over the last few decades some buildings have earned protection under both trademark or copyright laws or both. Trademark law will protect a building's appearance under very limited circumstances. If a distinctive-looking building is used to signify a business's services, then you cannot use an image of that building in a manner that will confuse consumers. For example, the Sears Tower in Chicago functions as a trademark, and if you intend to use it in the foreground of an advertisement, permission should be obtained from the Sears Company. Use of the building's image for informational purposes, such as in magazine article, does not require permission.
Is permission needed to use the image of a trademarked building on a postcard or poster? That issue arose when a photographer sold images of the Rock and Roll Hall of Fame. A federal court of appeals permitted the use of the trademarked building on posters and did not consider it to be trademark infringement. (Rock and Roll Hall of Fame v. Gentile, 134 F.3d 749 (6th Cir. 1998).)
Copyright protection also extends to architectural works, specifically for architectural works created after March 1, 1989. However copyright protection also has limitations. A release is not needed to photograph a building or property visible from a public place. However, permission is needed to photograph and reproduce images of a building protected by copyright and not visible from a public place. Entering private property to photograph a building or related private property may also trigger a claim of trespass. To avoid such claims, photographers, publishers and filmmakers use a property release, sometimes known as a location release.
a. Property Release Agreement
This form may be used for a property release.
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Property Release Agreement
The Property: ___________________________________________________________________________
Grant
For consideration which I acknowledge, I irrevocably grant to _______________________________________ ("Company") and Company's assigns, licensees and successors the right to enter onto the property listed above and to photograph, copy, publish, display and use images of the property in all forms and media including composite or modified representations throughout the world and in perpetuity for the following purposes: ____________________________________
I waive the right to inspect or approve the manner in which the images of the property are used and waive the right to inspect any text that is used in connection with the images of the property.
Dates of Use
Company shall enter onto the property on the following dates and times: ______________________________
In consideration for the rights granted under this Agreement, Company shall pay me $____________________ upon execution of this Agreement.
Company is not obligated to utilize any of the rights granted in this Agreement.
Warranty, Indemnity & Release I warrant that I am the owner of the property and have the authority to grant the rights under this agreement and agree to indemnify Company from any claims regarding my ownership of the property. I release Company and Company's assigns, licensees and successors from any claims that may arise regarding the use of the images of the property.
I have read and understood this agreement. This Agreement expresses the complete understanding of the parties.
Owner's Signature: ______________________________________________________________________
Owner's Name: _________________________________________________________________________
Owner's Address: _______________________________________________________________________
Date: ________________________________________________________________________________ | |
b. Explanation for Property Release
- The Grant section allows access to photograph the property (on the dates provided in the Dates of Use section) and the right to use the photographs for the purposes listed in the agreement.
- If payment is required for the release, indicate the amount in the paragraph after the Dates of Use section.
- The owner provides an assurance of ownership in the Warranty, Indemnity & Release section and also agrees to defend the Company from anyone else with a property ownership claim.
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©2005-2008 The Board of Trustees
of the Leland Stanford Junior University. With the exception of the Nolo Copyright and Fair Use Overview, this work is
licensed under a Creative Commons
Attribution-Noncommercial 3.0 United States License.