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Home Legal Documents Photo Release Form

Free Photo / Photography Release Form

Use our Photo Release Form to request consent to publish someone’s image commercially.

Updated November 13, 2020

A photo release 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 (also known as a photography release form), the Releasor also gives up any claims he or she may have against the Releasor regarding the use and publication of any images.

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

Here is a helpful article from the Stanford University Libraries about when you need a release.

Table of Contents
  1. When a Photo Release Form is Needed
  2. Consequences of Not Using a Photography Release Form
  3. Common Situations to Use a Photo Release Form
  4. What Should be Included in a Photography Release Form
  5. Sample Photo Release Form

When a Photo Release Form is Needed

photographers-deciding-on-images-to-release

Event organizers or business owners 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, to use these photographs or videos, these businesses will first need to get permission from the people in 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. 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.

The right of publicity only applies to commercial use and not artistic work. So Taylor Swift most likely cannot sue Kanye West for the use of her likeness in his “Famous” video.

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.

The growth of social media has given rise to new issues regarding the right of publicity. In 2013, users brought a class action suit against Linkedin for improper use of their likenesses in the “Grow Your Network on Linkedin” feature.

Consequences of Not Using a Photography Release Form

young-professional-drawing-taking-photographs

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:

RELEASORRELEASEE
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.

Common Situations to Use a Photo Release Form

photographer-signing-photo-consent-form

RELEASORRELEASEE
ModelPhotographer
Concert GoerConcert Ograniser
Gala AttendeeGala Host
SkydiverSkydiving company
CustomerStore owner
StudentSchool or University
Sports fanSports team
Event participantEvent 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.

What Should be Included in a Photography Release Form

photographer-taking-photos-of-mountains

A standard photo release form will identify the following basic elements:

  • Releasor: the person giving permission to use the photographs and/or video
  • Releasee: the 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

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

Consider the following when creating a release form for photos:

  •      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?

A Photo Release can be a separate form or included in a general Release or Waiver Agreement.

Sample Photo Release Form

The sample photo release form below details an agreement between the releasor, ‘Jerome K Shive’, and the releasee, ‘Kathleen S Harper.’ Jerome K Shive agrees to allow Kathleen S Harper to use his likeness in photographs, video, or other digital media forms.

Sample Photo Release Form

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