Tag Archive for 'contracts'

BAPSPB: Crappy Contracts

Burns Auto Parts | Super Premium Blog | Crappy Contracts

Okay folks, times are tough and the smart businesspeople are sending out icky contracts to the creatives of the world, to try and scare them into signing away more than they ought. Please do NOT fall into this trap! This is just a manipulation by the smart, calm business heads to get more for less.

 
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Location Scouting Property Releases

An important part of the location scout / location manager / producer / director / photographer collective workflow is obtaining a property release or location agreement, which is written permission to use images of a property or location for publication, particularly in instances where private property is concerned. This permission must be obtained from the property owner.

Likewise, property owners should insist on a property release or location agreement being signed by all involved parties, if for no other reason than furthering the interest of a general atmosphere of understanding and cooperation.

There are many more or less standard legal forms available which should be customized as may be appropriate with the production company’s and / or end-client’s information as well as showing the amount of monies to be paid to the property owner and any special conditions as may exist.

Below are some useful property release resources:

Caveat: R. Richard Hobbs / nyc.locationscout.us is not an attorney or for that matter, a legal professional in any capacity - The content presented here should only be considered general information derived from experience in the production field and you should consult an attorney for answers to any questions and / or to check validity of any statements made or forms referred to here within.

American Society of Media Photographers (ASMP) | Home > Commerce > Legal Resources > Property Releases Tutorial | By Richard Weisgrau and Victor S. Perlman

“This article originally appeared in “A Subject of Urban Legend,” which is posted in our Legal Resources area.

The whole subject of property releases is filled with urban legend, assumption and myth, along with a bit of actual law. As you know, using a person’s likeness for trade or advertising purposes requires a model release. That is because a person has a reputation to protect, a right of privacy and (in some states) a right of publicity. Property has none of these rights. So why should you go to the trouble to get a release?”

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  • ASMP Property Release
  • American Society of Media Photographers (ASMP) | Home > Commerce > Legal Resources > Releases Tutorial | Why you need releases

    “A release is a written agreement between you and the person you are photographing, or the person who owns the property you are photographing. The purpose of the release is to protect you from any future lawsuits the person might file for claims such as defamation and invasion of privacy.”

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    The ASMP piece directly above discusses property and model releases. The location professional will obviously be most concerned with the property release parts of the discussion, however it is probably a good idea to have a general grounding in both types of releases especially if your job descriptions cross over between location services / general production / photography / directing.

    About.com | Desktop Publishing | Property Release

    “Definition: When using pictures that contain clearly recognizable places or other property (such as pets), a property release protects you against legal claims by the owner of the property.”

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    Fotalia Blog | How do you download a model and property release?

    “Fotolia offers personalized model releases to you for various situations (pictures of a minors, pictures of models, and photographs of personal property).”

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  • Google Search | “Property Release”
  • Google Alerts - "property release"

    ShutterPoint Photography - Rolls of Hay on the Farm photo 4 Jul 2009, 7:37 pm

    calendars, cards, agriculture, landscape, landscapes, fine art, wall, art, frame, framed, print, prints, puzzle, puzzles, business, market, Kim McClain, nikon, D90, DSLR. Model Release: Not Required. Property Release: Not Required
    ShutterPoint Photography - Random Photos - http://www.shutterpoint.com/Photos-Browse.cfm?s=5&period=14

    Source: Google Alerts - "property release" Google Alerts - "property release" | (author unknown)

    San Diego commercial photographer seeks unique dogs 4 Jul 2009, 5:05 pm

    If your dog is selected for the book you will be required to bring your dog to Andrew's Oceanside, CA studio before 7/23/9 and complete a property release

    Source: Google Alerts - "property release" Google Alerts - "property release" | Examiner.com - USA

    Copyright Form Photographer Release Welcome 3 Jul 2009, 5:23 pm

    Model Release Forms Property Release 26 May 2009 Sample Model Release Forms for photographers including Property Release Form You can purchase and download

    Source: Google Alerts - "property release" Google Alerts - "property release" | (author unknown)

    Smelly Wardrobes: Alamy Commercial Collection 2 Jul 2009, 11:37 am

    Property featured is either public property (eg, children's park), is not identifiable, or has a property release. This includes pets, cars, etc which are intrinsic to the shot. There is legal debate about, for example, houses in the
    Smelly Wardrobes - http://smellywardrobes.blogspot.com/

    Source: Google Alerts - "property release" Google Alerts - "property release" | noreply@blogger.com (Stephen Barnes)

    ShutterPoint Photography - ALPINE MEADOW, UTAH photo 1 Jul 2009, 3:38 am

    Categories: Landscape | Nature | Agriculture. Keywords: ALPINE MEADOW, FENCING, CLOUDS, FLOWERS, SPRING, MOUNTAINS. Model Release: Not Required. Property Release: Not Required. Submitted: Jun 30, 2009 6:33 PM
    ShutterPoint Photography - Most… - http://www.shutterpoint.com/Photos-Browse.cfm?s=1&period=14

    Source: Google Alerts - "property release" Google Alerts - "property release" | (author unknown)

    Flickr: Discussing "What to Charge", Releases, Licensing and Other 29 Jun 2009, 2:12 pm

    Model & Property Release Forms - Samples for 11 countries. TERMS & CONDITIONS ASMP Sample Terms & Conditions Editorial Photo's Sample T&C's Page PROFESSIONAL TRADE ASSOCIATIONS Society of Sport and Event Photographers
    Montreal Strobist - http://www.flickr.com/groups/montrealstrobist/

    Source: Google Alerts - "property release" Google Alerts - "property release" | nobody@flickr.com (iIntrigue - Soon to…

    "There has been a Miracle on the Coast of the Gods!" - VFI 29 Jun 2009, 7:35 am

    La Torretta Beach Club

    Calabria is Europe's fastest growing property hot spot and La Torretta Beach Club is an up and coming area within this region.

    Source: Google Alerts - "property release" Google Alerts - "property release" | PR Web (press release) - Ferndale,WA,USA

    real-estate.bizlenta.com: "There has been a Miracle on the Coast 29 Jun 2009, 6:09 am

    VFI Overseas Property Release Their New 5 Star Beach Front Development - La Torretta Beach Club. "There has been a Miracle on the Coast of the Gods!" - VFI Overseas Property Release Their New 5 Star Beach Front Development - La Torretta
    real-estate.bizlenta.com - http://real-estate.bizlenta.com/

    Source: Google Alerts - "property release" Google Alerts - "property release" | buy

    Is a property release required MoneySavingExpertcom Forums 28 Jun 2009, 10:20 am

    Old Today 208 PM. Legolass. MoneySaving Newbie. Join Date Jul 2007. Post Count 7. Thanked 0 Times in 0 Posts. Default Is a property release required

    Source: Google Alerts - "property release" Google Alerts - "property release" | (author unknown)

    ShutterPoint Photography - Morning Fishing on the Beach photo 26 Jun 2009, 10:12 am

    Categories: Ocean | Landscape | Nature. Keywords: ocean, fishing, man, water, nature, landscape, morning, clouds, waves. Model Release: Not Required. Property Release: Not Required. Submitted: Jun 26, 2009 2:46 AM
    ShutterPoint Photography - Most… - http://www.shutterpoint.com/Photos-Browse.cfm?s=1&period=14

    Source: Google Alerts - "property release" Google Alerts - "property release" | (author unknown)

    nyc.locationscout.us | Sample Location Contracts

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    Record Filming in LA Q2 2008

    RedOrbit: Filming Hits High Record: L.A. Shoots in Q2 Surge After Writers Strike. | Posted on: Saturday, 19 July 2008, 00:00 CDT | By Troy Anderson | LA Daily News

    “After a lull caused by the 100-day screenwriters strike — and amid new uncertainties about an actors contract — filming in Los Angeles surged 26 percent last quarter to a record high for the period, officials said Thursday.”

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    RedOrbit / View Larger Map

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    …Actors Unions Contracts

    …via Wall Street Journal

    Actors Union Approves Pact With Producers
    By LAUREN A.E. SCHUKER
    July 9, 2008; Page B8

    “Members of Hollywood actors unions approved a new three-year contract in a vote that was closely watched in Hollywood as an indication of whether the larger Screen Actors Guild will be able to continue pressing for a better deal in its own contentious labor talks with film and television producers.”

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    links for 2008-04-24


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    Sample Location Contracts

    Attached are two (2) boilerplates of the location contracts we use so there is a written agreement between us, production and property owners when a deal has been negotiated to use a property as a filming location for a film, photo or video shoot.

    (1) is a long form - the one that has been around here some time now, but often seems intimidating and “overkill” for “everyday” use…
    (2) is a shorter form, less detailed but seems to-the-point for most everyday use.

    Caveat: R. Richard Hobbs is NOT an attorney and makes no warranty of legal validity of either document presented here. These documents are presented for illustrative purposes only, do not neccesarily constitute legally binding agreement(s) and certainly do not represent agreements of any sort between R. Richard Hobbs and anyone who views or uses the aforementioned location documents. For legal advice seek the services of a registered, licensed law professional.

    …at the same time, please feel free to use these documents for your own purposes as reference or for ideas to use to come up with your own forms.

    MS Word Format:

    1. Location Contract - long form MS Word .doc
    2. Location Contract - short form MS Word.doc

    PDF Format:

    1. Location Contract - long form pdf
    2. Location Contract - short form pdf

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    WGA Writers Strike 2007 - 2008

    Note: The author is a freelance film / photo location scout and location manager and is neither a member of AMPTP or WGA. Any of the opinions expressed are those of R. Richard Hobbs.

    Been missing the latest episodes of your favorite sitcom lately? Got left sitting on the edge of your seat wondering what happenned next on that tv drama you really like? Tired of watching reruns of late night talk shows (except for Letterman - and maybe the Tonight Show- but only as of this week…)

    Any of the above could likely be due to the the ongoing WGA Writers Strike, which began November 5th, 2007. The two primary organizations involved in this dispute are The Writers Guild of America (WGA) and The Alliance of Motion Picture & Television Producers (AMPTP).

    The WGA supplies writers to the AMPTP, who’s members produce the majority of network television shows and major feature films.

    The WGA is a guild. The AMPTP is a trade association.

    The last contract between the WGA and the AMPTP expired last fall and the reasons for the strike involves what the WGA feels are unresolved issues in the new, pending contract (obviously a large amount of detail, discussion and info…), but are largely with regard to compensation to the writers from income to the producers from new media and distribution, i.e. internet and other electronic / digital media.

    If you follow the many sources of news and information about the strike including entertainment industry and production trade publications such Variety and The Hollywood Reporter (Wikipedia has a good overview of the strike as well), you may find the matter is very involved and complicated. This strike involves major organizations and hundreds of millions of dollars are at stake. Each side has teams of lawyers and representatives and at least one party has hired a public relations firm.

    Conventional thinking might suggest that if two parties in question cant seem to agree, then an expeditious solution might be to enlist the services of a knowledgeable, but impartial third party to be a mediator or arbitrator, however, at this writing, one or neither of the WGA and AMPTP appear willing to allow the matter to be solved in this manner and there is no law prohibiting the strike since the strike (arguably ;-) does not affect “necessity services”, i.e. public transportation, utilities, etc.

    While I am sure, at the bottom of it all, (except for maybe the lawyers? ;-) everyone would like to see this strike settled as soon as possible altho it also appears to be a wrestling match as well; my bet is, sadly, that the settlement comes down to whichever of the two organizations has the deeper pockets. The settlement of a situation such as this potentially has far reaching effects for both parties as a group and the lack of same adversely affects related industries… on a more personal level the situation I think a lot of people really want to get back to work … so complicated…

    In the meantime, from a selfish point of view, while I am not a a laid-off staff from a show (I am a “non-union” freelance location scout, location manager and photo shoot producer) or currently a crew member on involuntary hiatus from a feature film; overall, there is currently less work for everybody and more people potentially looking to do whatever work might avail itself, so while I am not “directly” affected, a situation such as exists does, in fact affect me, so I just wish we could all just “get back to work”!

    AMPTP

    View Larger Map of AMPTP

    WGA

    View Larger Map of Writers Guild of America

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    Performers, Unions and Advertising Industry Tentatively Agree

    Performers’ Unions and Advertising Industry Tentatively Agree on Two-Year Extension of Commercials Contracts
    “Joint Study to be Conducted Over Next Two Years

    New York and Los Angeles (August 4, 2006) – Screen Actors Guild (SAG) and the American Federation of Television and Radio Artists (AFTRA) and the advertising industry’s ANA/AAAA Joint Policy Committee on Broadcast Talent Union Relations (JPC) today announced a tentative agreement on a two-year extension to the Commercials Contracts that cover advertisements appearing on TV, radio, the Internet and new media, that would run through October 29, 2008. The extension agreement must now be ratified by both unions’ joint national board and approved by both union memberships through a joint referendum, as well as approved by the boards of both ANA and AAAA.”

    By way of Wheresspot and AdCritic

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