Get legal permission to use a photograph: Photo Release Form
What we’ll cover
What is a Photo Release Form?
A Photo Release Form is a waiver by an individual who is the subject of a photo, image, or other "likeness," to another individual or company to use the image for their own purposes. A Photo Release Form protects the individual or business that receives the release from potential lawsuits, as the photographed party is effectively granting permission to use their image or photograph.
A Photo Release Form is needed whenever you wish to use another person's likeness. A likeness, in a legal sense, is one's appearance, and a person owns their own likeness, even if an artist owns the copyright to an image of that person.
While recording in public spaces is generally permitted, using those images for mass distribution or a commercial project is not always allowed. To protect yourself and your clients, as a photographer, you should always obtain a Photo Release. Get started now!
When to use a Photo Release Form:
- You're taking someone's photo for your personal, commercial, or professional use.
- You're a professional photographer.
- You're taking photographs that include children.
Sample Photo Release Form
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PHOTO RELEASE
For good and valuable consideration, the receipt of which is hereby acknowledged, I, , hereby grant permission to use 's my likeness in a photograph in any and all of its publications, including but not limited to all of 's printed and digital publications. I understand and agree that any photograph using 's my likeness will become property of and will not be returned.
I acknowledge that since my participation with is voluntary, I will receive no financial compensation.
I hereby irrevocably authorize to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing 's programs or for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein 's my likeness appears. Additionally, I waive any right to royalties or other compensation arising out of, or related to, the use of the photograph.
I hereby hold harmless and release and forever discharge from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
Signed by of , , by , the authorized parent or guardian of , of , , with the intent of being legally bound on .
PHOTO RELEASE
For good and valuable consideration, the receipt of which is hereby acknowledged, I, ___________________, hereby grant permission to use my likeness in a photograph in any and all of its publications, including but not limited to all of 's printed and digital publications. I understand and agree that any photograph using my likeness will become property of and will not be returned.
I acknowledge that since my participation with is voluntary, I will receive no financial compensation.
I hereby irrevocably authorize to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing 's programs or for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.
I hereby hold harmless and release and forever discharge from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
Printed Name: _________________________________ Date:
Signature: ____________________________________
Signature: ____________________________________
Signature of guardian if under 18 years of age
| By: | Date: |
Photo Release Checklist
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___Sign this document. This document needs to be signed by:
It is not necessary that the signature be witnessed or notarized.
___Everyone gets a copy. and should each keep a copy of this Photo Release for their records.
About Photo Release Forms
Learn about how to get legal permission to use a photograph
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What is usually included in a Photo Release Form?
Making your Photo Release Form with Rocket Lawyer is simple: just answer a few questions and we will build your document for you. When you have all the information about the material and its intended use prepared in advance, creating your document is a quick and easy process.
Here is some of the information you might want to include in your Photo Release Form, depending on how detailed you’d like to be:
The business and the individual
- What is the name, address, phone number, and e-mail of the photographer, business, or person that wants to use the images?
- Who is the individual giving permission for their image to be used? You will need their name and address, but it is a good idea to also get their email and phone number.
- Does the relevant material contain the images of a minor (anyone under 18 years old)?
- If so, what is the minor’s name and the name and contact information for their parent or legal guardian who can sign the Photo Release Form?
The period you can use the images for
- What is the date of the Photo Release Form?
- How long will the individual or business be able to use the model’s image for?
The material
Is the business seeking to use photographs, video footage, or both?
- If photographs:
- Will copies of the photographs be included?
- What is featured in the photographs?
- How many photographs are there? (optional)
- If video footage:
- What is featured in the video footage?
- When were the photographs and/or video footage taken?
Use of the material
- In which media will the material be used? For example, websites? Printed publications? Advertising materials? You can include multiple different types of media.
- For each type of media selected, what purpose will the material be used for via this medium?
Transfers of personal data
- Will the material be transferred to any third parties (ie parties other than the business and the individual who are involved in the Form)?
- If so, who will it be transferred to and for what purpose?
Remember that not all of this information needs to be included in the document, however the more you have outlined the more protected you are from future legal disputes.
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Common terms in a Photo Release Form
Photo Release Forms set out the terms of an individual’s consent to a business using their image. To do this, they may include the following terms and sections:
The parties and addresses
The Photo Release Form is structured as a letter from the individual to the business and, as such, it starts by setting out the names and addresses of both parties to the contract.
For good and valuable consideration, (receipt of which I acknowledge), I confirm that…
This sentence is important. ‘Consideration’ means something of value that somebody receives in exchange for something else. Consideration can be monetary or not (it could be publicity that’s obtained, for instance). The exchange of consideration is required for a valid contract to be formed. Therefore, by signing the Form and therefore making this statement (assuming it is true), the individual may enter into a binding contract with the business.
I understand that…
The body of the Form continues by highlighting the purpose of the Form: dealing with the business’ wish to use a photograph or video footage containing the individual’s image or that of their child, most of the time without monetary compensation. If the Form relates to a minor’s image, the minor is (or all minors are, if there are multiple) identified here.
I grant the business permission to use…
The specific ways that the Form entitles the business to use the relevant material are set out here.
I hereby irrevocably authorize the business to edit, alter…
This term and the following term set out the individual’s waiver of their right to receive any additional compensation for the use of the material and their right to inspect or approve any products made using edited or unedited versions of the material.
I consent to the business…
This section sets out certain things that the business may do under the contract. For example, store copies of the material (and the individual’s contact details) as required.
I consent to the business transferring…
If the business is allowed to transfer the material to third parties, this is set out here and the relevant third parties are identified.
I have the right to…
Some of the individual’s rights in relation to the business’ use of the material are set out here. For example, their rights to withdraw consent for the business to use the material in the specified ways or request access to their personal data that’s held by the business.
Signed by…
The Form ends by providing space for the individual to sign to contract. Their contact details are set out underneath this.
If you want your Photo Release Form to include even more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make those changes for you) to make sure that your modified Photo Release Form complies with all relevant laws and will be enforceable. If you have more questions or to get your release reviewed, reach out to a Rocket Lawyer network attorney to get it reviewed and get your legal questions answered.
Photo Release Form FAQs
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How do I make a Photo Release Form?
Rocket Lawyer offers a Photo Release Form for free. Our step-by-step process allows anyone to make a printable Photo Release Form easily. Your document can be signed and stored online for safekeeping and easy access in the future.
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Do you need permission to use a photo of someone?
You need permission to use a photo of someone when you are doing so for a commercial purpose. Using a photo for an editorial purpose is one potential exception to this rule.
A Photo Release is your legal permission slip to use the photo for your own commercial or other purposes. Common uses of photographs that require release forms include stock photos or designing a new website, brochure, or portfolio.
No matter what your reason, it's important to protect yourself and your company, as someone's verbal consent is difficult to prove if there is a dispute. Having a Photo Release Form signed by everyone is not only easy to do, but prudent.
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Why do you need a Photo Release Form?
A signed Photo Release (also called a Model Release) essentially releases the model's ownership of the images taken by you or your business. With this permission, you can use the photos as you like, whether it be for a creative art project or for a commercial advertising campaign.
It is always a good business practice to obtain a Model Release. In fact, clients you represent may require releases before they use your images in their projects, especially if the photos include minors.
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What happens if you use an image without permission?
If you use a photo that has been taken by someone else without their express permission, then you could be in violation of copyright law. Photographers can legally protect the use of their work.
If you use an image that you have personally created, without permission from the person whose photograph was taken, then you may be violating that person's right of publicity or likeness rights. You could be liable for monetary damages, in addition to a cease and desist order.
The editorial use of a photo may be an exception to this requirement. However, it is always better to be safe than sorry, especially since making a Photo Release Form is so simple to do, and failing to get one could have costly consequences. If you have further questions about Photo Release Forms, talk to a lawyer.
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