1. The Basics: What is a Photo Release Form?
This form is a legal document between two parties in which one party, the Releasor, consents to let the other party, the Releasee, use his or her image in a publication. By signing the Photo Release Form, the Releasor also gives up any claims he or she may have against the Releasor with regards to the use and publication of any images.
A simple version of this form will identify the following basic elements:
- Releasor: person giving permission to use the photographs and/or video
- Releasee: person receiving permission to use the photographs and/or video
- Photos: date and event where the photographs and/or video were taken
- Parent or Guardian Signature: signature of a parent or guardian if the Releasor is under the age of 18
A Photo Release can be a separate form or included in a general Release or Waiver Agreement.
As a reference, it is also known by other names:
- Photo Consent Form
- Video Release Form
- Likeness Release Form
- Model Release
- Photo Copyright Release Form
2. When a Photo Release Form is Needed
Event organizers or owners of a business will often use photographs in a brochure or videos on their websites to promote their business. Even a professional photographer might want to use past photographs of clients to try and get new business. However, in order to use these photographs or videos, these businesses will first need to get permission from the people in the them.
Individuals have the exclusive right to control the commercial use of their name, image, likeness, and other aspects of their identity under the right of publicity. So, anyone who uses a photograph or recording of an individual for commercial use or advertising needs permission or a release to use that photograph or recording.
Sometimes, a photographer may be able to use a photo through implied consent. If a subject knows he or she is being photographed and does not object, a reasonable person might assume that he or she is consenting to the photograph. However, that implied consent to be photographed may not extend to consent for the photograph to be published.
The best practice is to obtain consent from anyone whose image or likeness you plan to use or publish. A signed Photography Release Form grants you this permission and protects you from challenges down the road about your use of these photos or recordings.
3. The Consequences of Not Using This Form
Without a signed Photo Consent Form, a business may be limited in how it can advertise itself or run the risk being sued in court for improper use of a person’s likeness.
Here are just a few of the possible consequences the form can prevent:
| RELEASOR | RELEASEE |
|---|---|
| Lost Time - time spent fighting legal battles | Lost Time - time spent fighting legal battles |
| Lost Money - legal fees to defend lawsuits - not paid consideration or royalties for photograph taken | Lost Money - legal fees to defend lawsuits - can’t market photographs to advertisers or publishers |
| Mental Anguish - embarrassment of having unwanted photographs published | Mental Anguish - fear of using photos or videos in advertisements |
A Photo Consent Form does not affect the photographer’s copyright of the photo or video. The Photo Consent Form gives the photographer permission to use the subject matter of the photo. The copyright gives the photographer the right to reproduce the photograph, distribute copies, and otherwise display the photo publicly.
4. The Most Common Situations This Form is Used
| RELEASOR | RELEASEE |
|---|---|
| Model | Photographer |
| Concert goer | Concert organizer |
| Gala attendee | Gala host |
| Skydiver | Skydiving company |
| Customer | Store owner |
| Student | School or university |
| Sports fan | Sports team |
| Event participant | Event organizer |
A business might use a photo or video in a wide range of advertising mediums – printed brochure, email flyer, website promotion, Instagram post, Youtube video.
5. What Should be Included in the Form
A simple Photo Release Form should generally have at least the following:
- Who is granting permission to use his or her photo
- What if anything is the grantor receiving as compensation
- Where are the photos being taken
- When is the agreement being signed
- How can the company use the photographs
It may also include some of these additional provisions:
Approval: the Releasor will not have prior approval over the use of the photos
Claims: Releasee will not sue Releasor regarding the use of the photos
Governing Law: the state’s law that will govern the Release
Modifications: any changes to the Release must be in writing
Ownership: all photos belong to the Releasee and will not be returned to the Releasor
Parent or Guardian Signature: if the Releasor is under the age of 18
Severable: if one part of the Release is not valid, the rest of the Release is still valid
