Talent Usage Rights

Before the shoot

Usage rights must be agreed and documented before a shoot takes place. Trying to obtain releases after the fact is difficult and puts both Jaywing and the client at risk.

Model release forms

• A model release form must be signed by every person who appears in deliverable content, not just the lead talent
• The release must clearly specify the media types (print, digital, social, broadcast, OOH, in-store), territory (e.g. Australia, APAC, global), and duration (e.g. 12 months, 2 years, perpetual)
• Releases should be obtained on the day of shoot, before filming or photography begins where possible
• If talent is sourced through an agency, confirm the agency agreement includes usage rights, do not assume it does

Minors

• Anyone under 18 requires a release signed by a parent or legal guardian, the minor cannot sign on their own behalf
• Confirm the guardian's relationship to the minor in writing
• If a shoot unexpectedly involves a minor, stop and obtain parental consent before continuing

Employees and clients

• Client staff or employees appearing in content still require a signed release, employment status does not grant usage rights
• Confirm with the client whether they handle their own internal releases or whether Jaywing should provide the documentation

Understanding usage rights

Not all releases are equal. The scope of a release determines where, how long, and in what context the content can legally be used. Always read what has been agreed before placing talent in a campaign.

Key terms to confirm

• Media: Print, digital display, paid social, organic social, broadcast (TV/streaming), OOH (outdoor), in-store, and internal use are each distinct. Confirm every channel the content will run across
• Territory: Rights may be limited to a specific country, region, or may be granted globally. Paid media buys must stay within the licensed territory
• Duration: Most talent agreements are time-limited, 12 months and 2 years are common. Perpetual rights are rare and typically more expensive
• Exclusivity: Some talent agreements prevent the talent from appearing in competitor campaigns during the licence period. Confirm whether exclusivity applies and flag it to the client

When usage rights do not cover the campaign

• If a client wants to extend a campaign beyond the original agreed rights, the talent must be re-engaged and new releases signed before the content continues to run
• Do not assume existing releases can be extended, contact the talent or their agent directly
• Content featuring talent whose rights have expired must be taken down before the expiry date, across all channels

Tracking & storage

Signed releases and usage terms must be stored centrally and tracked actively. Jaywing holds these on behalf of the client and is responsible for flagging when rights are approaching expiry.

Where to store releases

• Store all signed release forms in the project folder on SharePoint, in a clearly labelled Legal / Releases subfolder
• File naming should include the talent's name, shoot date, and version: e.g. Jane-Smith_Release_2024-03-15_v1.pdf
• Never store releases locally, they must be accessible to the account team and the client at any time

Usage Rights Calendar

• Maintain a Usage Rights Calendar for all active talent across client accounts
• Record: talent name, shoot date, client and campaign, media and territory covered, licence start and expiry date, and a link to the signed release
• Set a reminder 60 days before expiry so the account manager has enough time to brief the client, re-engage talent, or plan content removal
• The account manager is responsible for confirming with the client what action to take before expiry, do not let it lapse without a decision

When rights expire

• Notify the client and confirm all content featuring the talent is removed from live channels before the expiry date
• This includes paid media, organic social posts, website pages, and any third-party placements
• Archive (do not delete) the original release documents and shoot assets in the project folder