5 Major Mistakes to Avoid in an Audio/Video Release Form (Why You Can't Just Use Any Random Release Form)
Are you recording someone else and want to ensure you have all the rights you need with an audio/video release form? Do not make these common mistakes, and avoid major issues.
Creating audio/video content is extremely fun, but you have to put a lot of work into it, and if you're anything like me, you want to ensure you are protected using that audio/video. As a lawyer myself who drafts and reviews release forms for all kinds of media, I am giving you the breakdown of the most common mistakes I have seen in an audio/video release form, so you can avoid major issues after all the hard work you have put into the recording.
You will learn about major mistakes to avoid when drawing up an audio/video release form, and we'll get into what is a release form for filming or audio recording, including the important terms you need in your video consent and release form template.
After learning about all these common mistakes and what you need, you will avoid significant (costly) issues and be fully protected.
This post is all about the key mistakes to avoid in an audio/video release form to avoid major issues.
Fundamental Audio/Video Release Form
What is a release form?
Before we dive into what major mistakes to avoid in your audio/video release form, let's get into exactly what is a release form.
An audio/video release form is a legal document that a person that is the subject of your audio or video recording must sign to grant you the right to use that audio/video.
The main reason for having an audio/video release form signed is to gain explicit consent and permission to use someone else's likeness, image and/or voice in your audio and video recording for whatever you want to use it for. People have fundamental rights, like privacy, publicity, and intellectual property rights.
When you do not have their consent to use their image, likeness or voice, you infringe those rights, and they can demand that you stop using the part of the recording that contains their likeness, image and/or voice. You can prevent such major (legal) issues simply by having them confirm in writing that you are entitled to use their likeness, image and/or voice. Even if someone is okay with you using that content at first, they may in the future not be for whatever reason. In that case, an audio/video release form is crucial to demonstrate that you have all rights to use that content.
An audio/video release form is also used when recording something owned by someone else, like their pet, car or house.
The photo release form outlines how you may use the audio/video, where you may use it, for what purposes you may use it, your editing and reproduction rights, etc.
You may be granted a license to use the recording of that person, which means that the person in the audio/video is still the rightful owner of that content. Or you could have all rights assigned to you, which means that by signing that audio/video release form, that person is no longer the owner of that piece of the recording in which they are featured, and you become the sole owner.
An audio/video release form can be used for an existing audio/video recording or an audio piece or video that is yet to be recorded (the latter is preferable).
Release form for filming and audio recording
Now you know what is a release form. Let's get into what mistakes you need to avoid in your audio/video release form.
I have listed each common mistake below:
1. Ambiguous language
As the owner of the recording, you may believe it is a good idea to keep the language of your audio/video release form vague, especially the purposes for which you will use the recording so that you can use it for a broad range of purposes.
However, I strongly advise against those one-liners that just say "worldwide" and 'perpetual' use. Of course, you want your rights to be as broad as possible. Still, you want to specify at least certain purposes you plan to use the recording or for which you might use it even if the other party signs without asking any questions, that person may later not like what you use the recording for.
Even if you have the right to use it for whatever you want, you still do not want any future disagreements or disputes with that person because it was unclear to them what you would use it for. They might then be able to claim (in court) that you have misled them. Depending on the situation and the jurisdiction, you may not have a leg to stand on, even if they did sign your ambiguous release form.
And, let's be real. You have a good idea of what you will, may and certainly will not use the recording for, so just be transparent about it. For example, instead of only stating that the recording can be used for "all media," specify the exact platforms on which you will, at the very least, publish the audio/video, like YouTube, TV, TikTok, Apple Podcast, Spotify, etc.
Use clear language in your audio/video release form and specify what you plan to use the recording for. That should be the goal of any legal document anyway; to avoid any confusion or misinterpretation.
2. No clearance of personality rights
Everyone has personality rights under national or state laws, including publicity and privacy rights. This means that every person has the right to control the (commercial or public) use of their name, voice, likeness, image, etc. So, in the case of an audio or video recording in which you record an individual's voice and/or image, you must have them waive those rights.
Regardless of whether the laws in your state or country permit recording a person (audio or visually) without needing that person's consent, you must obtain their consent. Why? Because even if you are allowed to record someone without their consent, that person can still sue you for whatever damages they may suffer due to you publishing the recording.
If the court finds that you have not requested the recorded person's consent before the recording, the court might grant that person compensation for damages.
By simply having an audio/video release form signed, you protect yourself from getting sued or someone threatening to sue you if you do not take the recording down from whatever platform you published it on.
You may think: "But if that person specifically showed up for my recording, then that person obviously agrees to be recorded by me." Wrong! You must obtain explicit consent to record someone's voice and likeness.
Thus, you need to obtain from anyone and everyone you record by having them sign a release form with the proper wording included, like their image, voice, likeness, etc.
This is why it's also best to have everyone sign your audio and video consent and release form template before the recording starts.
3. No or insufficient intellectual property rights
The person you are recording also has intellectual property rights, specifically copyright. That person has intellectual property rights to those parts of the content of the recording that includes that person, likeness, image and/or voice.
That means that the recorded individual is the (co-)owner of that piece of content of the recording, and they can exercise these copyrights. As the copyright owner, this person could request you to remove the recording from whatever platform you published it on. Or, they may not want you to remove the recording completely but have (certain parts of) it edited. After all, everyone has the fundamental right to determine what happens with their intellectual property and how others may use it. Unless they waive those rights and either assign them to you (which means you become the sole owner of those copyrights) or grant you a license to use those copyrights.
The mistake I often see made is that the audio/video release form does not specifically state that all intellectual property rights that person has to the recording AND the content of the recording are either assigned or licensed to the owner of the recording. Sometimes, the release form only contains a waiver of rights or permission to use those rights, but the form should explicitly state that the copyrights are either licensed or assigned.
So, ensure your release form for filming or audio recording contains the proper wording. If you fail to secure the proper rights, you could get copyright infringement claims from the recorded individual.
4. Inadequate compensation clause
Both you and the recorded person need to have a clear understanding of what the rights and obligations are regarding compensation.
Your audio/video release form should clearly state if, and if so, how much the recorded individual is getting paid.
It should also explicitly state that this person is not and will never be entitled to (further) compensation, such as royalties or residuals.
Suppose that the published recording becomes a huge success. For example, you published the recording on YouTube, and this video gained a high number of viewers. In that case, you do not want the recorded person to ask for any compensation in the future because they also want to profit off of the (unexpected) income you made from that recording.
5. No indemnity for third-party rights
Often, I see that an audio/video release form will include an exclusion of liability for the recording owner for any damages the individual may suffer.
Your audio/video release form should also include indemnities under which the recorded individual holds you harmless for any damages and costs if their content infringes the intellectual property rights of third parties. Perhaps, they used wording that is used by someone else and is, thus, not original and authentic.
In that case, you could receive claims from third parties for infringement of their intellectual property rights when it concerns the contributions of the recorded individual.
The recorded individual should then compensate and defend you against any claims, liabilities, or expenses resulting from infringements of third party rights caused by that person.
That way, you are protected from claims from all angles.
Conclusion
These are some of the most common mistakes to avoid in an audio/video release form. This is just a general guide, and there are more issues that you may encounter when you do not have a proper sample video release form.
Free video release form template
So, now you know what you need in your audio/video release form, you can ensure that all the essential elements are included in your release form for filming and audio recording and avoid all the major mistakes.
You may have found a video consent and release form pdf on Google or used a free video release form template you received from someone else, but these free templates often are simple one-pagers that do not include all the essential elements for full protection.
Use the list I have provided in this blog post to ensure you have all your bases covered.
Audio and video consent and release form template
I sell an audio and video consent and release form template in my contract shop containing all the elements you need and more. You can use this template for audio and/or video recordings, but you can use it for all kinds of media like photos or other content for your social media, blog, website, flyers, eBook, or anywhere else. I use this media release form template for using others' photos for my blogs.
You can find my media release form template on this page of my contract shop.
This post was all about the key mistakes to avoid in your audio/video release form for full protection of your rights.
Are you using a photo or video of someone else on your social media? Learn about what is a release form and why you need it for social media, specifically in this blog post on the 10 Key Reasons You Need a Photo Release Consent Form for Social Media.
You can get your audio and video consent and release form template on this page of my contract shop!
