Do you know what situations require you to use a photo release? Both amateur and professional photographers and videographers need to know about this important legal document.
updated November 21, 2023 · 3min read
Whether you're an amateur or professional photographer, you're free to take photos and video of people or pets in public and to use their images if the subject isn't identifiable or if the work is for artistic use. Once you use the photo or video for other purposes, such as promoting a product, and the subject is identifiable, you've violated the individual's right of privacy. To use a photo with their likeness, you need to obtain a signed photo release form.
A photo release form is a document that creates a contract between the photographer and their subject. It allows you to publish a photo without worrying about repercussions such as lawsuits for invasion of privacy.
Standard photo releases, which also cover other works such as videos, may include compensation to the subject of the photo, but often, unless the subject is a model who needs the photographs for their portfolio, the subject usually isn't given anything in exchange for the use of their likeness.
Photographers, videographers, and companies that hire such professionals need photo release forms if they plan to use a person's or pet's likeness for selling their product, promoting their website or business, or advertising an event.
The best practice is to use a photo release form in almost all cases unless you're taking photos or video for a news story about a public event, as individuals are not entitled to an expectation of privacy if they are in public. The right of privacy, also known as the right of publicity, doesn't prevent you from taking the photo unless you're photographing someone inside a private home or even inside their car. What the right of privacy prevents is publishing the photo without permission—which is where the form comes in.
Even if you think you'll never publish the photo for commercial purposes, your needs may change. Be safe rather than sorry by using a photo release form just in case you later decide to use the photo or video for commercial use. Having the signed form could protect you from a lawsuit down the road.
A photo release form, sometimes called a model release form, is a relatively simple document that gives you consent to use the subject's image in any way you see fit, including altering the photo.
A photo release form usually includes:
Photo release forms can protect you from future lawsuits or threats of lawsuits. When in doubt as to how you'll use the photo or video, err on the side of caution and have the subject sign a photo release.
by Ronna L. DeLoe, Esq.
Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...
'Inc.' in a company name means the business is incorporated, but what does that entail, exactly? Here's everything you need to know about incorporating your business.
November 21, 2023 · 10min read
Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?
November 21, 2023 · 4min read
Setting up a power of attorney to make your decisions when you can't is a smart thing to do because you never know when you'll need help from someone you trust.
November 28, 2023 · 14min read