When having a video produced there are several important legal considerations which may need be
kept in mind, depending on the scope of the project. In some cases, the rules may vary slightly
depending upon the level of distribution and other factors.
1. Photos & Video Licensing
Where a photo or video clip is not owned exclusively by you, the client, a license or release protects
you, legally, if the owner of said rights should later make a fuss. Stock photos or stock video we have
licenced for in-house use or bought on behalf of a client are 'royalty free' which grants its use in
perpetuity and without restrictions or additional royalty charges.
2. Music Licensing
Using a Johnny Cash song in your promotional video is not a good idea, in terms of legal expose,
unless you are prepared to pay some hefty licensing fees. As with a photo or video clip, music must
be properly licensed for inclusion in a video. We will typically use royalty free music from our large
stock music library, already per-purchased, so no additional costs to you, the client.
3. Talent Release Forms
You may consider having anyone that will appear on camera should sign a proper release form
(supplied by Dazzle Productions), whether being interviewed or appearing in the background of a
shot. Some employment contracts cover this type of thing. But we have had situations occur where a
employee (on great terms with the company when the video is shot) later leaves the company on bad
terms and said company feels the need to edit out, or even re-shoot, the scenes he/she was in. A
signed release form removes any chance that said employee can later dispute that they agreed to be in
the video.
An alternate to signed release forms, though not a 'strong' legally, is a recording of a person agreeing
to be on camera. We have used this alternative where shooting is more casual, or presenting a person
with a legal form to sign may 'scare them off' and have them say "no thanks". We make sure the
camera is rolling and simply describe what we are doing, where the final video will be shown and/or
used and ask if they have any problem being videotaped. Its not 'air-tight' in a legal sense, but its can
be enough to keep someone off your back later on if they change their mind.
4. Location Release Forms
Typically filming would take place at "your place", so this isn't a concern or need. When this is not the
case, a location release form, signed by a manager or landlord, may be a good idea to avoid future
disagreements. The verbal consent, recorded, as above may suffice.
5. You Own the Video and the Footage
We 'work-for-hire', meaning that our clients own all resulting materials including any raw footage and
edited masters. Which means its yours to take, re-edit with anyone else, make dubs from the master,
etc. Any music, photos or video elements which have been licensed for inclusion in the video would
have been done so on behalf of the client. Be wary of a company that tries to tell you don't own the
rights, and need to pay them for each dub, that won't let you have the original footage.
6. False Advertising
Some industries, such as Mining, are quite closely regulated in terms of what claims may be made.
Some of our larger corporate clients have had scripts reviewed by their legal department.
Any advertising that appears of Television is regulated, a TV spot must have been approved by group
called Telecaster. They review final edits of the TV spot and assign it an approval, request the client
provide proof or signed affidavits that claims made are true and/or request changes. As a service, they
offer to review scripts in advance of production. We have always taken advantage of this opportunity,
on behalf of our clients, as the time to address a requested chance is before you roll camera, record
narration, etc. and money starts being spent.
kept in mind, depending on the scope of the project. In some cases, the rules may vary slightly
depending upon the level of distribution and other factors.
1. Photos & Video Licensing
Where a photo or video clip is not owned exclusively by you, the client, a license or release protects
you, legally, if the owner of said rights should later make a fuss. Stock photos or stock video we have
licenced for in-house use or bought on behalf of a client are 'royalty free' which grants its use in
perpetuity and without restrictions or additional royalty charges.
2. Music Licensing
Using a Johnny Cash song in your promotional video is not a good idea, in terms of legal expose,
unless you are prepared to pay some hefty licensing fees. As with a photo or video clip, music must
be properly licensed for inclusion in a video. We will typically use royalty free music from our large
stock music library, already per-purchased, so no additional costs to you, the client.
3. Talent Release Forms
You may consider having anyone that will appear on camera should sign a proper release form
(supplied by Dazzle Productions), whether being interviewed or appearing in the background of a
shot. Some employment contracts cover this type of thing. But we have had situations occur where a
employee (on great terms with the company when the video is shot) later leaves the company on bad
terms and said company feels the need to edit out, or even re-shoot, the scenes he/she was in. A
signed release form removes any chance that said employee can later dispute that they agreed to be in
the video.
An alternate to signed release forms, though not a 'strong' legally, is a recording of a person agreeing
to be on camera. We have used this alternative where shooting is more casual, or presenting a person
with a legal form to sign may 'scare them off' and have them say "no thanks". We make sure the
camera is rolling and simply describe what we are doing, where the final video will be shown and/or
used and ask if they have any problem being videotaped. Its not 'air-tight' in a legal sense, but its can
be enough to keep someone off your back later on if they change their mind.
4. Location Release Forms
Typically filming would take place at "your place", so this isn't a concern or need. When this is not the
case, a location release form, signed by a manager or landlord, may be a good idea to avoid future
disagreements. The verbal consent, recorded, as above may suffice.
5. You Own the Video and the Footage
We 'work-for-hire', meaning that our clients own all resulting materials including any raw footage and
edited masters. Which means its yours to take, re-edit with anyone else, make dubs from the master,
etc. Any music, photos or video elements which have been licensed for inclusion in the video would
have been done so on behalf of the client. Be wary of a company that tries to tell you don't own the
rights, and need to pay them for each dub, that won't let you have the original footage.
6. False Advertising
Some industries, such as Mining, are quite closely regulated in terms of what claims may be made.
Some of our larger corporate clients have had scripts reviewed by their legal department.
Any advertising that appears of Television is regulated, a TV spot must have been approved by group
called Telecaster. They review final edits of the TV spot and assign it an approval, request the client
provide proof or signed affidavits that claims made are true and/or request changes. As a service, they
offer to review scripts in advance of production. We have always taken advantage of this opportunity,
on behalf of our clients, as the time to address a requested chance is before you roll camera, record
narration, etc. and money starts being spent.
