Oy vey. That's ugly. Right, like you said, Rik, I would not be happy with the AD who was responsible for getting the signatures. I guess this might be a lesson for micro budget filmmakers to double check any such AD's work, making sure everyone is signed. Of course, the whole point of delegating that task to someone else is so that they get it done and so that you don't have to do everything yourself.
Oh well, what do you do?
All I could say about the actor is, welcome to my cr*plist. Needless to say, I would not be working with him/her again. I really doubt there's much else you can do. But...unhappy to say, you dropped the ball, you didn't protect yourself. That sure doesn't make you the bad guy. It makes you a victim (...a sucker, even). But a victim who didn't have to be a victim if he'd/she'd been more careful to protect himself/herself and the production. =(
As for the AD, same thing. I couldn't bring myself to rely upon him/her again. How could you? On the other hand, before heaping too much comtempt upon the AD, I have to wonder, since this is micro x 3 budget film, was that AD a friend working for little to no money and who just did not understand how critically important the whole release thing is in filmmaking...if the filmmakers ever want to actually show the film? If they did, then it's a case of their egregiously dropping the ball. If not, then maybe some resposponibility falls upon the producer's shoulders for dropping
that ball.
Cracker's anecdote is very interesting. Commenting on something that we can't cite, I'm guessing that it's a case of a judge using common sense and throwing a frivolous case out. But I'm pretty much 100% certain that even if that is the case, it does not mean filmmakers can forget about getting those releases signed --and presumably understood by the signees.
It's my understanding that any good likeness release form includes the right to make alterations that might offend the model or the actor. After all, people can and often do choose to be offended by anything and everything under the Sun. What if in post you decide to change an actor's hair from blonde to purple? What if you change the color of her dress from red to gray? What if she finds these alterations offensive? The point of the release statement is to set down the photographer's, filmmaker's, publisher's right to use the model's/actor's likeness and to use it with whatever alterations they see fit. The model or actor should understand this before signing.
Attorney,
Bert P. Krages II, advocates simplicity in model release forms. The very simple release form he recommends includes this statement:
...I further authorize that the photographs may be published for any purpose and in any form.
[The underline is mine.]
Looking at
Sunnyboo.com's Actor Contract, it includes a similar, but more elaborate statement:
The Actor hereby authorizes the Production Company to photograph, videotape, film and record (on film, tape, or any other medium), the Performance and audition(s) for the Performance; to edit the same at its discretion and to include it with the performances of others and with sound effects, special effects, digital effects and music; to incorporate the same into the Picture, trailers, posters or other materials or programs related to the Picture; to use and to license others to use such records and photographs in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name, likeness, voice, biography or other information concerning me in connection with the Picture and for any other purpose associated with the Picture. The Actor further acknowledges that the Production Company owns all rights to the Picture.
I'm interested to note that it doesn't seem to include a statement just like
...in any form. The closest thing to come to it seems to be
...to edit all the same at its descretion... Hopefully that covers everything, including things the actors might not like or might be offended by?
But, what do I know? Done with my babbling. If I misunderstand any of the above, or just don't know what I'm talking about, I beg pardon. =)
