Recommendations for Structuring Movie and Television Appearance Releases That Hold Up Over Time
February 18, 2025
Author: Steven Madoff
When producing a major motion picture or television program it is common practice to lock down the talent appearing in the picture by executing detailed long-form contracts before the principal photography starts.
But what happens when non-professionals appear briefly in the production, either as interview subjects, within background scenes, in photographs or video clips or by accident; or if it is not a major production (maybe a documentary, student film, advertisement, industrial film, promotion or a webisode). In those situations, you should obtain an Appearance Release before you finish shooting.
The failure to obtain an adequate Appearance Release can lead to dramatic consequences including litigation, an injunction against the release of the program and/or payment of unexpected fees affecting the budget and ultimate success of the project.
A sufficient Appearance Release can preempt these risks and should include the following basic elements:
Scope of the Release.
The Release should describe precisely what the subject matter is. For example, is it an interview to be used in a documentary? If so, identify the interview subject and the date of the interview. Is it a person appearing in the background of a scene? If so, identify the scene. Is it a photograph or video clip of a person? If so, describe the photograph or video-clip by content and length. Is there music or lyrics in the scene? If so, does the person providing the music or lyrics have the rights to transfer? If not, a further clearance of the music or lyrics from the third party owner may be required.
Next, how is the subject matter being used by the producer? Is it to be incorporated into a motion picture, television program, advertisement, industrial film or some other project? Is it intended to be used within a single picture or a series of programs? What about sequels in the event the original program is a success. Litigation has resulted from cases involving Appearance Releases that simply said the subject matter was to be used in the “Picture”, and then the material was used in the picture’s sequel. Also, if the producer has to go back to the Releasing Party to obtain consent for use in a sequel of a successful program, the Releasing Party may materially raise its fees.
Third, the Release should clearly specify how the program may be exploited. Will it be shown in theaters, on television, or over streaming services? You want to cover as many media as possible (even those not yet in existence) to avoid having to go back to the Releasing Party when your plans evolve.
Fourth, the Release should specify what geographical territory the program may be exploited in. Is it domestic, international or worldwide?
Finally the scope of the Release should include the time limit or term that the release covers. Ideally, it would be in perpetuity. If not, you may need to go back to the Releasing Party years afterward to obtain further consent, probably at a cost.
Compensation.
An appearance release is a contract; and, as such, to be valid some consideration is required. The Release should specify what the consideration is, whether it is in the form of monetary compensation or if the Releasor is obtaining some promotional benefit for his or her Release. There should also be a statement that there is no further Release or third-party clearances or payment necessary for the producer to include the material in his program. For example, if the Releasor is a member of SAG or AFTRA of Equity, it needs to be clear that no payment to one of those guilds is needed.
Assignment Rights.
The Release should state that the producer has the right to assign, license and otherwise transfer the rights in the release to third parties so that he or she can exploit the completed program as he or she intends. The producer may need to assign or license rights to the program to television outlets, streaming services, videodisc producers or other distributors.
No obligation to Use.
An often overlooked Appearance-Release clause is an affirmative statement that the producer is under no obligation to actually use the subject matter being Released in the final program. The producer may decide in the final edit that he does not want to use the subject matter, either for content reasons, continuity or just time limitations. The producer does not want the Releasing Party to claim that there was an implied promise that the appearance was going to be included in the final version of the program, and he or she will be damaged by the non-inclusion of the subject matter.
Release and Indemnity.
Critical to the Appearance Release is a clear statement that the Releasing Party is releasing the producer and any other released parties from any and all claims, demands, actions and liabilities in connection with the subject matter. The Releasing Party should agree to indemnify the producer against any claims in the event there is a breach by the Releasing Party of any of the promises made in the Release.
Conclusion.
Appearance Releases are often an afterthought in the lengthy production process. A production may require many releases and at the last minute in the heat of production. Ideally, these contracts would contain all of the protections afforded by a detailed long-form agreement, but the realities of the production process usually dictate that these Releases are short-form 2-4 page contracts; nonetheless, you want to be sure that these abbreviated contracts at a minimum contain the basic elements necessary to provide the producer with the fundamental rights and protections needed for a successful production.