The Release for Use of Likeness is used to obtain permission to use a photo, image, or other "likeness" that includes one or more people. The party who will receive permission to use a photo or other image and be released from liability for the use of the likeness is the "Released Party." The person whose likeness has been (or will be) obtained is the "Photographed Party." In general, the use of a photograph or other "likeness" of a person is permissible if the likeness is obtained when the person is in public or if the use is for the purpose of reporting news. For example, a television station does not need to obtain permission from members of the crowd when televising a sports event or filming an accident scene. However, if a person's likeness is captured in a setting where the person expects to have privacy, use of the likeness may violate that person's rights. If those appearing in the picture are celebrities or other famous individuals, their likenesses may be valuable. In such cases, use of the likeness without permission may be a violation of their rights of publicity. In some instances, the use of a likeness without permission may even be a violation of a company's trademark rights (for example, the famous profile of Alfred Hitchcock or the silhouette of Charlie Chaplin with his hat and cane). In many cases, the lack of permission may not be a problem because either the persons in the photo never see their likeness as published, or they see it and are pleased by the attention. In other cases, the publisher (e.g., a newspaper) is simply publishing the photo as part of the process of disseminating information. However, it is advisable to obtain permission any time a photo or likeness will be published or otherwise used in a public manner. If you operate an internet site that is directed at children under the age of 13 or if you know that you are collecting and/or disclosing information that personally identifies a child under the age of 13, special laws apply and you should consult your attorney. If you are using a likeness of an object, animal, or other thing that is not a person, you generally do not need to obtain a release. However, because some items may serve as trademarks (e.g., the Budweiser horses or the Goodyear blimp), you should consult with your attorney if you intend to use such images for financial gain or in a scandalous manner. |