Ok, so we have a situation where a few people worked on set (mostly as independent contractors if paid or volunteers if not paid), but our Production Manager let them go without signing a release form?
tsk tsk. Fire the producer!
If we go ahead and credit them will they be entitled to compensation later on down the road?
This may increase the chance of this happening if you fail to credit them.
Can we withhold credit until they sign the forms?
Do you live in a free country? You can do whatever you really want. The question is whether you should do it. The answer is you shouldn't do it.
Do people credited in the "Special Thanks" section need to sign a release form?
It depends, but but in my opinion, the best answer is yes. Get each and every person should sign a release form in one
Anyone involved with your project should sign a release form. From the writer, actors, extras, location owners, all the way down to the lowly little runner in your production. Evening the caterer.
The whole debate on the release form comes down to opinion and what you're doing with your final product.
If you're simply releasing a short on youtube, worrying about every release form maybe overkill, though a very good exercise to get used to for the long term. A youtube video is unlikely to get anyones legal knickers in a bunch unless you're doing something controversial and/or illegal. There is a fair expectation of usage when you're making a short that it will be published, and depending on your local laws, some of which may be covered by common law and individuals common sense.
When you're thinking about distribution that leads to money, it can make people get a little greedy. When you're looking at wide distribution, you're going to need E&O insurance. Most of the time you're not going to get E&O insurance without those release forms signed, sealed and delivered.
Why do you get the crew to sign a release form? So to make it clear regarding ownership, usage rights, moral rights, claims and so on. It's best to simply make it a part of the deal memo. You get those signed beforehand, right? It's always best to have the signed agreements before you do the work. What would happen if your director refuses to assign ownership to the producer after the fact? Does s/he still own your production? Do you still have the right to use their name in the production? The right to use their work? Who owns it? Lots of questions that can be clear if done properly up front.
