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A legal release is a
legal instrument Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or ...
that acts to terminate any
legal liability In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government a ...
between the releasor and the releasee(s), signed by the releasor. A release may also be made orally in some circumstances. Releases are routinely used by photographers, in
film production Filmmaking (film production) is the process by which a motion picture is produced. Filmmaking involves a number of complex and discrete stages, starting with an initial story, idea, or commission. It then continues through screenwriting, cast ...
, by documentary
filmmaker Filmmaking (film production) is the process by which a motion picture is produced. Filmmaking involves a number of complex and discrete stages, starting with an initial story, idea, or commission. It then continues through screenwriting, castin ...
s, or by radio and music producers when they photograph, film, video or record the voice or performance of individuals to be sure that the person consents or will not later object to the material being used for whatever purpose the release (or anyone they may assign the release rights to) wishes, i.e. that the release wishes to use the images, sounds or any other rendering that is a result of the recording made of the releasor (or property owned by the releasor for which the releasor may claim some other right such as
industrial design rights An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or co ...
,
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from ot ...
or
trade dress Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intelle ...
rights). This will help in insuring the
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
owner has a clean
chain of title A chain of title is the sequence of historical transfers of title to a property. It is a valuable tool to identify and document past owners of a property and serves as a property's historical ownership timeline. The "chain" runs from the present o ...
for any work if it is later published, broadcast, shown in a public cinema or otherwise made public. Releases are very often used to ensure that
litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
is terminated when a settlement or compromise between the
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
(s) and
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisd ...
(s) is reached. A general release may release any claims known or unknown that the releasor may have against the releasee. The release may also be very specific, i.e. dealing with specific acts between the parties and not applying to any other acts. Generally a release is of the form: However, most releases are much more detailed in the recitation of what is being released and the extent of the release (where it is valid, when it become valid if there are conditions on its validity, the amount of consideration if it is substantial) and they are either copied and modified as necessary from various form books or drafting manuals used by lawyers or are preprinted forms that are purchased from legal form publishers. Releases should be drafted by a
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicit ...
,
solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
or
civil law notary Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers wi ...
(not in the United States), except perhaps in the most routine of situations; if the release is not correctly drafted or does not recite any necessary limitations the releasee may find out later that the release did not cover all circumstances, and the releasor may find that the release was too general and released some claim, right or entitlement that the releasor should have retained.


Examples

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Current TV Current TV was an American television channel which broadcast from August 1, 2005, to August 20, 2013. Prior INdTV founders Al Gore and Joel Hyatt, with Ronald Burkle, each held a sizable stake in Current TV. Comcast and DirecTV each held a smal ...
had a number of release forms for viewer created content

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English Wikipedia The English Wikipedia is, along with the Simple English Wikipedia, one of two English-language editions of Wikipedia, an online encyclopedia. It was founded on January 15, 2001, as Wikipedia's first edition, and, as of , has the most arti ...
provides a template for users wishing to release all rights to their images. Template:No rights reserved
dpcorner.com
a longer model release form


External links


NSW Photographer's Rights by Andrew Nemeth BSc (Hons) LLB
legal issues surrounding
street photography Street photography (also sometimes called candid photography) is photography conducted for art or enquiry that features unmediated chance encounters and random incidents within public places. Although there is a difference between street and ca ...
in NSW,
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
, with some additional info on other states and countries. {{DEFAULTSORT:Legal Release Legal documents