The Clearance Release Form is essential in the U.S. media and entertainment industry to protect content creators and publishers from potential legal disputes. When creating content that features individuals, their property, or creative works, obtaining proper clearance is crucial for legal compliance. This document addresses copyright, privacy, and publicity rights under U.S. federal and state laws. It specifies the scope of permissions granted, any compensation arrangements, and duration of rights granted.
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1. Parties: Identification of releasing party and recipient, including full legal names and addresses
2. Background: Context of the release and purpose of the clearance
3. Definitions: Key terms used in the release including 'Materials', 'Rights', and 'Usage'
4. Grant of Rights: Specific rights being released or granted, including copyright, publicity rights, and privacy rights
5. Scope of Release: Extent and limitations of the release, including permitted uses and restrictions
6. Consideration: What is being given in exchange for the release, whether monetary or non-monetary
7. Representations and Warranties: Statements confirming the releasing party's authority to grant the release
8. Governing Law: Specification that the agreement is governed by US law and relevant state jurisdiction
1. Term and Territory: Duration and geographic scope of release, used when the release needs temporal or geographic limitations
2. Moral Rights Waiver: Waiver of attribution rights and other moral rights, included for creative works where applicable
3. Minor Release Provisions: Additional provisions and parental consent requirements when the subject is under 18 years of age
4. Social Media Rights: Specific provisions for social media usage and distribution, included when digital/social media use is contemplated
1. Schedule A - Materials Description: Detailed description of content, works, or materials being cleared under the release
2. Schedule B - Usage Rights: Comprehensive list of specific usage rights being granted, including any media or platform restrictions
3. Schedule C - Compensation Details: Details of payment or other consideration being provided in exchange for the release
4. Schedule D - Consent Form: Additional consent forms required for specific circumstances (e.g., parental consent for minors)
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