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If you are working in a creative industry, you will undoubtedly have been exposed to talent release forms. These forms are designed to outline the agreement between a business and their talent, to ensure both parties understand the services they are providing each other, and how the intellectual property can be used. 

This article will outline what:

  • a talent release form is
  • the key benefits of having one in place are, and; 
  • terms the agreement should include. 

What Is a Talent Release Form?

A talent release form is an agreement between a business and its talent. It can be used in a variety of circumstances. This includes when a business engages with a model or actor to create content for advertising. Talent release forms can be in the form of both an agreement or a deed. 

Both parties should sign this form to get talent consent before starting any work on the project, to avoid any problems down the track. 

EXAMPLE: You are a hairdresser hiring some hair models to come into your salon. They will receive a complimentary colour and cut and $30 per hour for their time. A photographer and videographer will be on set to take photos and videos of the models. You think you will only use the content for your social media platform but would like the ability to use the photos in magazine or TV advertising in the future. You should get your models to sign a Talent Release Form so that you have full ownership of any videos and photos taken on the day and so that your models cannot object to you using the content for other advertising purposes in the future. 

What Are the Benefits of This Form?

There are many benefits to having a talent release form, particularly for the business that is engaging the talent. For instance, some key benefits include:

  • confirmation of the amount paid to the talent and the scope of their work;
  • a release from liability relating to the use of the intellectual property; and
  • certainty around who owns and can use the intellectual property that is created.

You want to ensure the talent agrees that you can use their name, image and likeness for your business purposes. It would be extremely costly to undertake time filming and creating content for the talent to then challenge how you can use it. Therefore, having a talent release form ensures you can use the content without worrying about any claim in the future. 

What Are the Key Inclusions of a Talent Release Form?

Talent release forms are usually fairly simple agreements, but it is important that there are adequate clauses in the agreement to protect your business. Therefore, the key inclusions in a talent release form are:

Name of the Parties

The agreement should clearly outline the parties who are engaging in this contract. For example, this would be the business and the talent. If you are a business registered as a company, your company should be a party to the agreement rather than yourself personally. 

Scope of the Engagement

The agreement between the two parties should briefly summarise the engagement. For example, you should state the context of why you have hired them and the amount of money you are paying for their time. If you are not paying the talent, you should state that clearly in the agreement.

Ownership of the Intellectual Property

You will want to state in the agreement that you/ your business will own all the rights in the filming/ photography or recording.

Permissible Use 

The agreement should outline how you can use the content in the future. As a business owner, you would want to keep this clause as broad as possible to have the flexibility to use the content as and when you wish. 

Release of Liability

This clause is extremely important. The talent will acknowledge that they release any rights to the intellectual property and will not claim against the business owner in the future relating to the use of the content.

Key Takeaways

If you are a business owner, you may want to engage talent to create content. This content could be for the purposes of original work in the arts industry or for businesses who would like to engage talent when creating advertising material. It is important that you have complete ownership over the content you create, and have the flexibility to use this material however you like. You should have a Model Release form prepared and signed before engaging in the project, so that both parties are clear on their rights and obligations.

LegalVision’s team of experienced intellectual property lawyers are able to prepare a Talent Release form for your business. To get in touch with the team, you can call 1300 544 755 or fill in the form on this page.

Frequently Asked Questions

What is a talent release form?

A talent release form is an agreement between a business and its talent. It can be used in a variety of circumstances, including when a business engages with a model or actor to create content for advertising. It can be in the form of both an agreement or a deed.

What should I include in a talent release form?

You should include the name of the parties, outline the scope of the engagement, clarify ownership of intellectual property, what is the permissible use of the content, and a release of liability clause. 

Why should I use a talent release form?

A talent release form confirms the amount the talent is being paid and the scope of their work, includes a release of liability and creates certainty around who owns and can use the intellectual property created.

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