What is a Release for Use of Likeness?
A Release for Use of Likeness is an important way of legally protecting yourself; reproducing the likeness of someone without their permission may be a violation of that person's right, especially if the image is captured in a setting where they would expect privacy (this includes public spaces). In the case of celebrities, the use of likeness without consent may be a violation of trademark rights, so if it doubt, it is a good idea to seek permission with a Release for Use of Likeness. You can specify in the Release for Use of Likeness if this permission is is dependent on payment or not. And if the image is of a minor, or an adult under the care of a guardian, you may need to obtain the permission of the parent and/or guardian. If in doubt, consult a lawyer.
When to use a Release for Use of Likeness:
- You want to use someone's likeness for almost any purpose.
- Someone wants to use your likeness.
CONSENT AND RELEASE FOR USE OF LIKENESS
Effective as of the date shown below, approval for past use and permission for present and future use is being granted to of , , , , to use a photo or other image of . Permission is being given by the undersigned, (the "Photographed Party"), as more fully explained in this Consent and Release. The undersigned is an adult and fully authorized to sign this Consent and Release.
receipt of which is hereby acknowledged, the undersigned hereby grants to its agents, employees, licensees, and successors in interest (collectively, the "Released Party") all ownership rights and the absolute and irrevocable right and permission to copyright, use and publish the photographed likeness of (the "Likeness") that has been (or is being) obtained pursuant to this Consent and Release.
The Likeness may be copyrighted, used and/or published individually or in conjunction with other photography or video works, and in any medium (including without limitation, print publications, public broadcast, CD-ROM format) and for any lawful purpose, including without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic publication.
The undersigned represents and warrants that (i) no other party has been granted an exclusive license with respect to the Likeness, and (ii) no other party's authorization or consent is required with respect to the permission granted to the Released Party under this Consent and Release.
The undersigned waives any right that the undersigned may have to inspect or approve the Released Party's use of the Likeness, or the advertising copy or printed matter that may be used in connection with the use and/or publication of the Likeness. The undersigned releases the Released Party (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Likeness (collectively, "Claims"). This release includes without limitation any Claims related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of the Likeness.
THE UNDERSIGNED WARRANTS THAT THE UNDERSIGNED HAS READ THIS CONSENT AND RELEASE PRIOR TO THE SIGNING OF THIS DOCUMENT, THAT THE UNDERSIGNED UNDERSTANDS IT, AND THAT THE UNDERSIGNED FREELY ENTERS INTO THIS CONSENT AND RELEASE.
Signed by of , , , .