A photo release form is a legally binding document between two parties in which one party (the releasor) consents to let the other party (the releasee) use their image for commercial or personal use. By signing this form, the releasor also gives up any claims they may have against the releasee regarding the use and publication of any images.
Within this form, the releasor can request royalties or payment for the photos and offer the rights to future use of the images. Ownership rights to the images are contingent on both payment and an authorized release form when payment is involved.
When Is a Photo Release Form Necessary?
A photo release form is necessary when using photographs or videos for commercial purposes, such as in brochures or on websites. It grants permission from the individuals featured in them, which is crucial because individuals have the exclusive right to control the commercial use of their name, image, likeness, and other aspects of their identity, known as the right of publicity [1] .
Anyone using such content for profit requires a release to do so legally. A signed photography release form provides this permission while safeguarding against future challenges regarding the use of these materials for profit.
A photo release isn’t necessary for photos taken in public places. Capturing images in public areas without a release form is legally allowed.
Consequences of Not Gaining Permission
Without a signed photo consent form, a business may be limited in how it can advertise itself or run the risk of 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 |
Common Situations to Use a Photo Release Form
Here are some situations where a releasee needs to gain the consent of the releasor:
| 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 |
With the consent of the releasor, a business might use a photo or video in various advertising mediums. They may publish the image on a printed brochure, email advertisement, website page, or social media post.
How to Gather the Releasor’s Consent for Photo Publication
Here’s a list of steps on how to gather the releasor’s consent:
Step 1 – Obtain a Photo Release Form
Obtain a photo release form and download it so you have a paper copy. This way, the releasor can review the information and have a physical sheet for reference.
Ensure this form contains sections for information like:
- Releasor: The person permitting to use of the photographs and/or video
- Releasee: The person receiving permission to use the photographs and/or video
- Photos: The date and event where the photographs and/or video were taken/will be taken
- Parent or Guardian Signature: The signature of a parent or guardian if the releasor is under the age of 18
Step 2 – Discuss the Form with the Releasor
Review the form thoroughly with the releasor and answer any questions they may have. Discuss additional provisions like:
- Approval: The releasor will not have prior permission over the use of the photos.
- Claims: The releasee will not sue the releasor regarding the use of the photos.
- Governing Law: The state’s law that will govern the release of the photos.
- Modifications: Any changes to the release must be in writing.
- Ownership: All images belong to the releasee and will not be returned to the releasor.
- Severability: If one part of the release is not valid, the rest of the release is still valid.
Step 3 – Obtain the Releasor’s Signature
Once the releasor agrees to the terms on the photography release form, you can request their signature and sign the form yourself as the releasee. Store this form in your records for future reference. At this point, you can use the photos according to the conditions in the form.
Photo Release Form Sample
View a sample of our photography release form below. Download it as a PDF or Word file to acquire permission from your photos’ subjects:
