If you are a filmmaker, media producer or photographer and you want to film or shoot photography for commercial purposes on private property, you will require a ‘location release’. A location release grants you permission from the property owner to be on the property to conduct your work. Without a location release, you could be trespassing on private land. This article explores the importance of obtaining a location release and what to include in it to protect your business.
What is a Location Release?
A location release is a legal document granting filmmakers, photographers and media producers the right to use a particular location for their projects. These agreements are commonly used when filming or shooting on private property, although they might be necessary for use on public land in some situations.
Public spaces, though open to all, are not readily available for commercial filming and can require additional permissions. As a filmmaker or photographer, you may need a permit from the relevant council or government authority, depending on the space, which can incur fees. For example, the City of Sydney requires a permit for various productions, including:
- filming fashion shoots;
- TV programs;
- commercials;
- student film projects; and
- major studio productions.
Merely obtaining verbal consent from a private property owner for recording or photography activities is insufficient. You must obtain their written and signed authority.
Why is a Location Release Important?
Location releases are crucial for several reasons. Firstly, even without property damage, filming on private property without a location release can have legal consequences, including criminal or civil liability for trespassing.
Numerous film festivals, financial supporters, and distributors often require a location release as part of what is known as a ‘Chain of Title’ in the film industry. Filming without proper permissions can even lead to the withdrawal of a film. The ‘Chain of Title’ refers to a collection of documents that validate the producer’s right to assemble all the various elements of the film.
You must obtain the correct permissions from the right parties to film. For example, the party in possession of the property must provide consent to film. However, that party might not be the owner. Therefore, the filmmaker would also need to obtain permission from the property owner. Without securing the release from the owner, the filmmaker could be stopped from filming if the occupier breached their lease agreement by allowing the filming to occur.
Continue reading this article below the formWhen is a Location Release Not Required?
In some situations, obtaining a location release may not be essential. For instance, you generally will not need one when filming home videos using your phone. Likewise, filming events such as non-commercial weddings or news and current affairs does not typically require a location release. Generally, a location release is only necessary where the filmmaker is filming for commercial purposes.
What Does a Location Release Include?
A location release should include key clauses to ensure it adequately safeguards the interests of both parties. This document should include the following details.
Party Details
Clearly name all parties involved in the production. This includes the filmmaker and the property owner, whether they are a private individual or a public entity.
Dates and Times
This section should specify the dates and times when filming will take place. This ensures that all parties are aware of the schedule and can plan accordingly.
Equipment and Props
The agreement should detail whether the filmmaker will bring additional equipment or props onsite.
Usage Scope
Detail what the filmmaker can do with the final product. For example, this may be for:
- marketing or promotional purposes;
- educational purposes; or
- commercial use.
Site Access
The agreement should grant the filmmaker unrestricted access to the site during the agreed-upon dates and times. This ensures that the filmmaker can carry out their work without interruption.
Rights and Responsibilities
This section should list the rights and responsibilities of all parties involved. This includes:
- complying with work health and safety obligations;
- preventing damage to the property; and
- restoring the property to its original condition post-filming.
Compensation
The agreement should detail any financial arrangement between the parties to use the property for filming, whether a one-off payment or ongoing royalties. It should also include standard payment terms such as deposit requirements and invoice procedures.
Insurance
The agreement should require the filmmaker to hold sufficient public liability insurance. This protects both parties in case of any accidents or damage during filming.
Liability and Indemnity
Include a liability and indemnity clause to address potential legal issues. This involves a release clause where the filmmaker agrees not to hold the property owner liable for certain claims related to the filming activities. An indemnity clause is typically included where the filmmaker agrees to indemnify the property owner against liabilities, such as damage to property or third-party rights violations that might occur during filming.
Intellectual Property Rights
The agreement should grant the filmmaker an ongoing right to use the location in the film, including the display, sharing, advertising and promotion of the content. It should also allow the filmmaker to retain rights, title, and ownership of the footage and the right to edit, reproduce, and use that footage in the future without restraint. The filmmaker should also obtain a perpetual licence to use any background intellectual property the property owner might have in the film.
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Key Takeaways
Suppose you plan to record or film on private property for commercial purposes. In that case, you must obtain a signed location release from the owner and persons possessing the property.
If you need help drafting a location release, our experienced contract lawyers can assist you as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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