October 23, 2024
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Artwork Release Form: When & Why You Need It + Free Template

Chris Cullari
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Artwork Release Form
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When you’re producing film and television, every detail matters—including the artwork that appears on screen or in promotional materials. And just as important as picking the right pieces is securing the rights to use that art in a commercial work.

Whether you're an executive at a major studio or an independent filmmaker working on your first project, understanding when and why you need an Artwork Release Form could be the difference between protecting your production and getting hit with a costly lawsuit.

First, download our Artwork Release Form

Before diving into the details, make sure to download our free Artwork Release Form template. 

This customizable document is designed to meet the diverse needs of film and television productions. It will save you valuable time while ensuring you have a solid legal foundation for using the artwork seen in your projects.

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Artwork Release Template

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What’s an Artwork Release Form typically used for? 

An Artwork Release Form is a legal document that grants permission to use a specific artwork or image in a film or television show. 

This form is important for securing the rights to all kinds of art seen on screen, from a character’s favorite sculpture, to the movie posters in a character’s bedroom, to any tattoos visible on screen.

Why should you use an Artwork Release Form?

Using an Artwork Release Form is critical for several reasons. 

First and foremost, it provides legal protection for both you and the artwork’s creator. In the same way that you can’t use someone else’s song in your film without their permission, you can’t use visual art without permission either.

An Artwork Release Form ensures that your production company has the necessary rights to use the artwork in question, safeguarding you from potential copyright infringement claims in the future. 

Additionally, this document serves as a way for the artwork's creator or owner to acknowledge and agree to terms of use, everything from the details of their compensation to any limitations or restrictions on the use of the artwork. 

You’ll also want to make sure you have an Artwork Release Form on file for any art you or the production commissions to serve as promotional material for your film. Commercial art is still art and the creator needs to be compensated and informed of how, when, and where it will be used. 

Once an Artwork Release Form is signed, it protects you by ensuring that the artist cannot change their mind and deny you the right to use their work and it protects the artist by guaranteeing that your production won’t use the art in a way that they do not approve of.

What does an Artwork Release Form usually include? 

A comprehensive Artwork Release Form typically contains the following elements:

Artwork description

This section provides detailed information about the artwork being used. It should include the title of the piece, the name of the creator, and the medium used (e.g., watercolor painting, mixed media, sculpture).  

It doesn’t hurt to include other relevant details such as the dimensions of the work, the year it was created, and any unique identifiers or catalog numbers. Be thorough to ensure that there is no ambiguity about which specific piece of art is being licensed for use in your film.

Grant of rights

This is the core of the Artwork Release Form, where the artist or copyright holder explicitly grants permission for the production company to use their art. This section should clearly state which rights are being granted and which are not.

It's crucial to be specific in order to avoid any conflicts down the line.

Usage specifications

Here, the Artwork Release Form outlines exactly how the artwork will be used in the production. For instance, an artist might be okay with their work being proudly displayed in the home of your main character, but they might not be okay with it being set on fire by the villain.

This section should also specify if the artwork will be used in its entirety or if only a portion will be shown. The agreed duration of use should be mentioned—for instance, will it appear for a few seconds or be a recurring element throughout the production?—as well as any planned modifications or alterations to the original artwork.

Territory and duration

This section of the Artwork Release Form defines the geographic space and time frame the artist is giving permissions for. 

“Territory” could be defined to be as broad as "worldwide" or as specific as certain countries or regions. The duration might be for a set period (e.g., 10 years from the release date), for the life of the copyright, or in perpetuity. 

For a film in wide release, you’ll want to secure release rights with as large of a territory and time frame as possible—preferably worldwide and in perpetuity—or you run the risk of not being able to release your project on new formats in the future.   

Compensation

The compensation section of the Artwork Release From outlines the terms of payment provided to the artist. 

This could be a one-time flat fee, royalties, or even non-monetary compensation like credit in the production. If there are multiple payments (such as an initial fee plus future royalties), the terms and schedule for these should be clearly stated. 

Warranties and representations

This section of the Artwork Release Form includes all the guarantees made by the artist to the production. 

The creator or rights holder needs to confirm that they are the sole owner of the artwork, it is free of contributions from any other source, and that no other individual or company can claim ownership or other rights to the artwork.

Indemnification

An indemnification clause typically states that the artist or copyright holder will cover the costs associated with defending against third party legal claims. This might include legal fees, settlement costs, and any damages awarded. 

This comes in handy if the artist or copyright holder who signs the release has misrepresented the artwork as their own and the actual creator decides to sue.

Who normally is involved in the contracting of an Artwork Release Form? 

The Artwork Release Form process typically involves several key parties working together to create a fair and legally sound agreement. The artwork creator or owner is central to this process, along with a representative of production who is usually a producer or member of the production design team.

In some cases, especially with established artists or valuable artworks, an artist may wish to coordinate through their agent or other representatives. For particularly complex situations, legal counsel may be brought in on both sides to review the agreement.

Wrapping up

An Artwork Release Form is a simple but powerful tool for film and television producers. With a comprehensive and well-crafted release, you ensure that your project can proceed using art that enhances the project while respecting the rights of creators.

Download our free Artwork Release Form template today and take the first step towards properly securing artwork for your next production.

For more essential paperwork, be sure to download our Talent Release Form and Photo Release Form as well!

Free Resource

Artwork Release Template

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Last Updated 
October 23, 2024

Disclaimer

At Wrapbook, we pride ourselves on providing outstanding free resources to producers and their crews, but this post is for informational purposes only as of the date above. The content on our website is not intended to provide and should not be relied on for legal, accounting, or tax advice.  You should consult with your own legal, accounting, or tax advisors to determine how this general information may apply to your specific circumstances.

About the author
Chris Cullari

Chris Cullari is a writer/director based out of Los Angeles. His most recent film, THE AVIARY, is available for streaming on Paramount Plus and Showtime. You can find him tweeting about monsters, pro-wrestling, and horror movies.

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