Photo Release Form

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.

Table of Contents

• When Is a Photo Release Form Necessary?
• Consequences of Not Gaining Permission
• Common Situations to Use a Photo Release Form
• How to Gather the Releasor's Consent for Photo Publication
• Photo Release Template

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.

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:

Common Situations to Use a Photo Release Form

Here are some situations where a releasee needs to gain the consent of the releasor:

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 Template

View a sample of our photography release form below. Download it as a PDF or Word file to acquire permission from your photos’ subjects: