Free Photo Release Form

By law, individuals have a right of publicity, which means they control the commercial use of their name, image, and likeness. They may have the right to legal recourse if you use their photo or likeness for business or commercial purposes without a signed release. Each state has its own laws concerning the scope of the publicity right. Knowing when to use a photo release form ensures you remain protected and professional.

Plan to create and collect photo release forms whenever you intend to take pictures for commercial use. Placing images in the following materials may qualify as commercial or for-profit use:

• Brochures
• Websites
• Billboards
• Newspaper ads
• TV commercials

Using a photo release when hosting an event is typically recommended, especially if you plan to use photos from the event in future promotional materials. Common events that may warrant the use of a photo release include:

• Concerts
• Galas
• Summer camps
• Sporting events
• Modeling photo shoots
• School events
• Political rallies

While it’s best practice to use a photo release, some situations may not require it. Photos used for informational or journalistic purposes rather than for profit typically don’t need a release form. Common informational purposes include:

• Documentaries
• News outlets
• Non-fiction publications
• Informational websites

Obtaining permission to use photos protects you from future complications or legal action. Not using a photo release form can open you up to the following consequences:

• • Legal disputes: The photo subject can sue the organization for using their likeness without permission. Fighting or settling these lawsuits costs you time, money, and stress.
  • Copyright infringement: The terms of the photo release state that the subject gives up claim to copyright ownership. Without a release form, the releasor may attempt to claim copyright ownership.
  • Damaged reputation: If the public finds out that the company uses photos without consent, it can damage trust in the company. Regaining consumer trust and public relations takes time and can cost you.
  • Loss of photos: If you use photos without a release, you may have to remove them from your materials. This often results in losses from having to recall, reproduce, or reshoot advertising content.

It’s important to include the proper information and formatting in your photo release form. Creating a compliant and complete release form protects against claims. Write an effective photo release form with the following steps:

1. Identify the requesting party: The party requesting permission to use the photo is known as the releasee. Provide this party’s legal name, address, and contact information, which may be a business or individual.
2. Gather the consenting party’s information: The party who consents to the use of their picture is known as the releasor. Include their name, address, and contact information.
3. Describe the event: Define the origin of the photographs used by describing the event where they were taken. Include the type of event, the location, and the date.
4. Define your use: Include terms about the releasee’s rights to alter, use, copyright, or license images. Establish whether the releasee will maintain ownership of the image and set an expiration date for their ownership if applicable.
5. Decide on compensation: Discuss and note whether or not you plan to provide compensation for the releasor. You can negotiate and offer royalties, one-time payments, or public recognition.
6. Note the governing state: Select which state’s law will handle any claims or disputes regarding the image or release contract. This may include the state where the parties are located or where the releasee prefers to handle legal matters.
7. Collect signatures: Review the terms of this agreement with the releasor and have them sign the document to make it official. If the photo’s subject is a minor, their parent or legal guardian can sign on their behalf.