By Type (5)
Right of Publicity
The right of publicity is a person’s right to control how their name, image, and likeness are used commercially. A photo release form must be used if someone else wants to use a person’s photo to make a profit in some capacity (advertising, promoting, etc.).
Under the First Amendment, photos taken in public places can be used by photographers without consent. Furthermore, a photo release isn’t necessary when a photo is used for editorial purposes such as news articles and other journalistic reporting.
What to Include in a Photo ReleaseAuthorizationA description of the photos should be included on the form along with language that authorizes the requesting party to use the images for commercial purposes. PaymentSome form of compensation is often provided to the individual authorizing the use of the photos (the “releasor”). This could be a lump sum payment, royalties, or a combination of the two.
RevocationThe parties must decide if the releasing party can terminate the release form. Even if revocation is permitted, images already used or distributed may still be accessible to the public.
Names and SignaturesThe names and addresses of the releasor and releasee should be on the form. After the entire form is filled out, the parties can include their signatures and the date.
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Sample
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PHOTO RELEASE FORM
1. THE PARTIES. This Photo Release (“Release”) is made on [DATE] between:
Releasor: [RELEASOR’S NAME], with a mailing address of [RELEASOR’S ADDRESS] (“Releasor”), and:
Releasee: [RELEASEE’S NAME], with a mailing address of [RELEASEE’S ADDRESS] (“Releasee”).
2. RELEASE. The Releasor grants permission and consent to the Releasee to use the following photographs for presentation under any legal condition, including but not limited to publicity, copyright purposes, illustration, advertising, and web content: [DESCRIBE PHOTOS]
3. PAYMENT. In connection with this Release, there is: (check one)
☐ – No Payment.
☐ – Payment Required. A payment of $[AMOUNT] shall be paid by the Releasee to the Releasor as a condition of this Release.
4. ROYALTIES. In connection with this Release, the Releasor shall receive: (check one)
☐ – No Royalties.
☐ – Royalties. Royalty payments shall be paid by the Releasee to the Releasor as a condition of this Release in the following manner: [DESCRIBE ROYALTIES]
5. REVOCATION. The Releasor understands that they ☐ can ☐ cannot revoke this Release at any time by notifying the Releasee in writing. Revocation will not affect any actions taken before ther receipt of this written notification.
The Releasor and Releasee understand and agree to the aforementioned terms and conditions.
Releasor’s Signature: ____________________________ Date: _____________
Print Name: ____________________________
Releasee’s Signature: ____________________________ Date: _____________
Print Name: ____________________________