8: Why you need a release form for your documentary film

• What is a release form?
• Why do we need one?
• How to create one.

Hands up on the beach at Atlantic City, N.J. between 1900 and 1920. The Library of Congress public domain

A release form is a legal paper.

It gives you permission to film someone's image, voice, property and home, their archives, films, music, audio and other media and content. 

You have got to have one. If not, you'll get shot in the . . .  Well, basically, you'll get trouble later on down the line. The first thing, after meeting your subject is to ask permission to film them.

It is as simple as that. That is all it takes. Most people, if they agree to be filmed, will agree to sign a release form. It protects both parties.

However, once things do go onto paper, the subject may suddenly become nervous. Subjects can feel that you are taking something from them. They may want payment. So you need to explain what exactly you are asking them to do, and why. You should never have to pay a subject for their participation in your documentary.

​I always explain that it protects us both. I am very honest with what I am doing with my work, and I show them some edits if they are the main subject. 

Once, while working with James on Chez Lise, we followed a young man who was transiting, with the idea to make a short piece called Becoming Josephine. Suddenly they became scared due to family. We had a signature, but never would we have continued. It would have ethically been very wrong.

How to create one

Personal Release

The most common release form is called a Personal Release.  This is for filming your subject. I give a release form to each person individually. Here is an example of a very simple personal release form to download. The content can be changed and adapted whenever you need. As long as you mention exactly what you want to film/interview, get a signature and date, you will be fine.

A Chinese Bride and Groom - 1900-1910. The Library of Congress

If the subject and subject matter could be controversial, and you are determined to use it

it is a good idea to have an entertainment lawyer look over the release form for you. This is expensive, but you will be clear about your rights. It is usually just a one-off meeting.

When I filmed Stanley Lewis for Dust, a Sculptor's Journey, he gave me full consent before he died to use his images and media, voice, his studio and artworks, for our documentary.

I was unsuccessfully cautioned by his not-so-ethical agent and threatened. As I had a solid release form, with a witness, an entertainment lawyer told me that there was nothing the agent could do to stop me completing the documentary.

​ Which I did, and the agent did not stop me.

Eating ice cream at the World's Fair in Tunbridge, Vermont - Delano, Jack, photographer 1941, Library of Congress Public Domain

Other situations when you need a release. (Most Western countries)

• Children: A subject who is a minor needs a signature by a parent or legal guardian.
• People/person in a public space who appear/s in the shot in the forefront of your camera where they are very recognisable: If you need their image, then you might have to stop them afterwards and tell them you caught them on the camera 
• Location and Property Release: If you want to film inside or outside someone's (private) home and/or garden/land you will need to have a location release. As you can see from the release I created, I added this in the same release so I did not have to have two.  

When you usually do not need a release 

• People in a public space who are not in the full focus of your camera and the camera is not more than 3 seconds on the face in the background. 
• People at a demonstration: If you do an individual interview you will need to get a release
• Government buildings: You usually don't need a permission, but might be hindered by the security. This happened the other day when I was filming in an empty mall. Security stopped me.
• Public spaces: ​Usually you have a right to film here. 

The Waldorf–Astoria, 1902. Library of Congress. Public Domain

What if you don't have a release and you have already filmed?

• Make sure you go back to see the subject or owner of a property. This has happened to all of us. We suddenly remember we left the release at home, or simply never had one. If it is the entire documentary, then you need to ask everyone who appears in it to sign one. 

What if you cannot get the release from the subject or they refuse?

This is a tricky one, it really depends on the situation and how to react. I believe we need to respect our subject. If they refuse and you have already shot a lot of footage, there is really nothing you can do. You could try and go back to them about it, but if they are firm, you will have to abandon their role in your documentary.

What if they refuse? There are a few options as long as they are not main characters

• You can simply remove the people. I participated in Scott Ridley's call for "A Day in the Life," on the 25th July. My favourite moment is when a young boy, around 15, Adil, is feeding pigeons by the river. I filmed them, and him, but of course there were no parents to ask permission, so if I ever wanted to use these images I would either have to track this young boy down - I know he spends his afternoons there - or blur his face. (What a shame.) I did not send that particular shot in.
• Blur the face: Which is fine in some situations, but a bit tacky in others. It is like you have stolen something that you need to hide. (My opinion.) You can disguise their voice, but then it changes the energy of the documentary.
• Film around them: You can sometimes find a way to film around them. In this example below, you could use the ice-cream seller (if they agree) and blur the people waiting for the ice-cream. 

The last word on Release. I think the best bet is to always try to have a few copies on you. You can leave sections blank, which can be filled in as you need to - property, person, object, media.

THANKS FOR PASSING BY
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HAVE A GREAT WEEKEND

Please leave a comment, it is always lovely to have your opinions.

​JEANNE

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