118 Chapter 9 LEGAL CONSIDERATIONS production and the corporation have liability insurance in force during the shoot. For freelancers, there is a standard policy called a "producer's package" that covers most risks involved in a production. Your company has workers' compensation insurance that covers employee injuries, but it probably does not cover freelan- cers. Sometimes a crew member may be classified as an inde- pendent contractor for employment tax purposes but still be considered an employee for workers' compensation insurance purposes. You need to have a written agreement that specifies how the freelancer will be paid, that it is a "work for hire" under U.S. copyright law, and that all of the work done belongs to the company. Ask your manager how the company protects itself from liability from injury to nonemployees and contractors. If you are producing a video that could affect the health or safety of the employees or viewers, it is a good idea to preface it with a disclaimer. You may be filming a process as simple as ergonomics or body mechanics, or you could be producing a video demonstrating the method for handling hazardous mate- rials. If someone performs one of the procedures and is injured, his or her health insurance company may subrogate, which means they may seek damages from your company. A disclaimer, however, may not be enough to shield the com- pany from liability. The company should have insurance in place to pay for the cost of defense and any liability that a court or jury might find. Your company's legal department should be consulted on the wording. Permissions, Releases, and Permits It is essential to obtain a signed permission from anyone appearing on camera who is not a full-time employee. This includes professional as well as nonprofessional talent and even a crew member who might be visible in a shot. As for employ- ees at the company, check with your manager, since employees may not be required to sign one for each production. At some companies, the nature of employment allows the organization to use an employee's image and voice for corporate video pro- ductions. However, it is a good idea to get permission even from employees. To develop your own form, you can start with a stock permis- sion/release form, such as one downloaded from www.video maker.com/ftp/pdf/model_release.pdf or from other sites, but have the company's legal department read and modify it. Don't