ASK & DISCUSS INDEX

6 years, 9 months ago - John Lubran

It seems like a simple question Giulio but Law and Constitution nerds would feel the need to write a significant essay on the context that a definitive answer requires.

Helpfully English Law (as applied in England and Wales) and US Law share fundamental principles, namely that they are both Common Law jurisdictions and that that shared Common Law is in fact English Common Law. This fundamental alignment of basic principles ought to make the issue simpler but unfortunately there's a lot of exploitative shenanigans that some lawyers pursue, especially Americans and their lawyers who regard the slightest opportunity to take advantage of the slightest chink in a contract as a standard business practice. In my own business we've had to rewrite what we believed to be a well constructed and detailed agreement after our American lawyer suggested it was too open to exploitation. Our 30 page document trebled as a result.

A release form is nothing more than a contract. If the contract agreed clearly states that any dispute arising will be solely subject to the adjudication of English Law then that would only be unassailable if all of the terms of the agreement were lawful in the territory where the agreement was made.

We've had used to use release forms in the past written up by Broadcasters lawyers. They were mostly wretched documents full of onerous one sided clauses that were an embarrassment to present to contributors. We now use a simple plain English form that works better in terms of both legal clarity and intent and that doesn't insult contributors. It's also very short. Less is often more.

Some Americans might feel uneasy if they're asked to sign a form subject only to English Law, but that's another matter. Keeping it in plain English though usually assuages any concerns. The only caveat to all this is that you probably ought to have your commissioner and perhaps also their distributor agree to your release form first.

6 years, 9 months ago - Marlom Tander

Pretty much any contract with international aspects says to the effect " XYZ Jurisdiction applies in the event of dispute". And most of the time most local courts will reject an attempt top drag them into it without good reason.

This is basically a UK product so Uk Releases would be normal, but of course the only release that works is one that the Yanks will sign. Go with yours unless there is push back, and if there is, get US ones.

As John says - plain english is best.

6 years, 9 months ago - Vasco de Sousa

There are differences. While in the UK you have slightly more privacy rights, the US states of New York and California give you more control over how your image is used with the Rights of Publicity.

The laws concerning how an image is used are different in the UK, France, Australia and the USA. So, I think it was Fergie was able to sue a British tabloid in France.

If the contract is signed in the US, and it's not signed online, then you have to understand the rights that US participants have. The good news is that standard US release forms are easy to find, in many film production and film contract books, and even in books for corporate secretaries (most US corporations make in-house videos and adverts at some point).

6 years, 9 months ago - John Lubran

The Fergie case, if I'm recalling the correct Royal at issue, hinged on whether or not a very long telephoto lens breached the 'from a public place' presumption that's very similar to English Law. In most developed countries with constitutional democracies, the 'from a public place' rule usually means that human eyes and ears can be augmented by equipment but not to the extent that the 'victim ' had a reasonable expectation that their privacy would have been safe from exceptional technologis that a reasonable person would not anticipate. The journalists only defence is one of what's in the public interest. Stories of only salacious interest can result in differing interpretations. The British are far more currupt in this than the French..

6 years, 7 months ago - Giulio Gobbetti

Apologies for being so late in thanking you all for your replies and your help. Just to let you know, we eventually went with the standard release forms we use in the UK (so under English Law) and no one felt uncomfortable when signing them! Thank you again.