When writing a photo release form, you might want to be sure that you are looking at other examples of photo release consent forms to be sure that you are creating the right form for your needs. From social media photo release forms to general photography release forms, there are many ways that you might want to draft this document for your use.
If you have been struggling to get this form drafted to use for your photography business, you might be feeling like there are a bunch of details that need to be considered as you create this document. When you use the right guide for writing this form, you will not have to struggle with the creative process, and you can be assured that you are going to create a form that works for the intended purpose perfectly.
Table of Contents
- 1 Photo Release Form Templates
- 2 What is the photo release form?
- 3 What is a photo release waiver?
- 4 Photo Release Consent Forms
- 5 When is a photo release form needed?
- 6 Consequences of not using a photo release form
- 7 Social Media Photo Release Forms
- 8 How do I make a photo release?
- 9 Image Release Form
- 10 Some Things to Consider
- 11 Copyright Release Form Photography
Photo Release Form Templates
What is the photo release form?
A photo release form is a legal document that is used to protect the use of photographs that have been shared from the owner to another party. This form includes the party that is the releasor who is sharing the photos and the releasee who uses the photos with permission. This is a common form to need to have on hand if you operate a photography business or are in the advertising business. This form goes by other names as well, which do not impact its legal use or the nature of the document.
- Likeness Release Form
- Photo Consent Form
- Video Release Form
- Model Release
- Photo Copyright Release Form
When this copyright release form or photography image release form is used, the releasor gives up claims that they might have against the releasee for the use of the images that are named in the photo release form. There are usually some limitations that are placed on how the images can be used as well so that the releasor can control the way that their creative works are being used by other parties.
What does copyright have to do with the release form you might want to know. This part of the consent form or release form is not always a factor. When there is copyright involved, the copyright of the photo gives the photographer the right to use the photo as they wish and display it as well. The copyright will not transfer to the new owner with the photo release form.
What is a photo release waiver?
A photo release waiver is a general waiver that is used in many industries to allow for consent to be made by someone who has photos that another party wants to use for advertising or for marketing purposes. The waiver will refer to the ways that the releasee can use the photos as well as the consequences for improper use of the images should this action take place.
This is a very standard form in some industries, such as the marketing industry, the sporting industry, or modeling. This waiver can be as general or as specific as you wish, and you should be sure that you limit the use of your images thoroughly if you are going to use this more general waiver in place of a release form.
Photo Release Consent Forms
When is a photo release form needed?
This form is used in various situations by businesses. These are the most common situations when this kind of release might be needed, and many businesses are not aware that their kind of work requires that this form be utilized. Your business type might be on the list, and you were not aware that you should have been using a photo release form.
- When allowing a business to use your images for brochures and pamphlets
- For artistic purposes
- For modeling
- For advertising
- For sales
- For the use of your name or likeness
- For fanfiction or fan art
These are just a few of the different reasons that someone might want to require that a photo release form be provided to and signed by anyone who is doing business with them. When other people get to make money off of your art and your images, you will need to protect and limit the use of this art for obvious reasons.
Consequences of not using a photo release form
There are various things that can happen if you do not use a photo release form and you want to stop someone from using your images for ads or marketing that you do not agree with. This is something that can be hard to attend to after the fact, which is why you need to have a photo release form in hand when someone wants to use your images with permission.
You might have to pay thousands of dollars in legal fees if you want to stop someone from using your images without permission, and the stress of fighting this kind of use can be really hard on photographers. There might also be a lot of time wrapped up in legal conflict over something that was not protected by the right forms from the beginning. It can be tough to use your legal photo release form to back up sharing of your images for purposes not done by you, but trying to stop someone from using your images after they have done so without any documents on file can be tough.
Photo release forms do not impact the photographer’s copyright of the photo or the video. The copyright gives the photographer the right to reproduce, display, sell, or use the images in any way that they choose. The photo consent form gives the person permission to use the photos for limited purposes per the permission of the original photographer.
Social Media Photo Release Forms
How do I make a photo release?
There need to be some key items that are included in your photo release form:
- Releasor: This is the person that is permitting you to use the photos and video.
- Releasee: The person who is getting permission to use the photographs or videos.
- Photos: This section is information about the date and event that the photos and video were taken. This can be as detailed as you wish to protect the images in question.
- Parent or Guardian Signature: If the subject of the image is under 18, you will need to have a parent or guardian sign the form as well.
These are the other items that can be included in the form:
- Approval: The releasor will not be allowed permission to use the photos without this. You will want to be sure that the approval is made clear in this part of the form of it cannot be used effectively to support the protected use of the images and videos.
- Claims: The release cannot sue the releasor over the use of the photos if this information is not included in the document. This is one of the key things that need to be outlined if you have various kinds of media that you are allowing someone to use. There might be limitations on different images or videos based on your preferences as the owner of the images and videos.
- Governing Laws: You will need to indicate, in some cases, the governing laws that are in place that ensure the relationship between the two parties who are included in the agreement. Your state might have laws that impact the way that your photo release form can be written and used, so you might need to indicate these rules and regulations specific to your state to help clarify your form’s function and expectations.
- Modifications: Some forms are made with a clause that indicates how modifications can be done to the document. Changes are usually required to be done in writing, and there might be items that cannot be changed at all during the term and duration of the agreement.
- Ownership: Images belong to the releasee and cannot be returned to the releasor under this kind of clause. The clearer your ownership information is, the more effective your document will be overall. This is one of the areas of these documents that is often not clear enough, and this can lead to problems with the use of the form and with support of the goals and limitations that the person who owns the images wanted to have in place.
- Severable: If any part of the release is not valid, this does not invalidate the rest of the release. This clause is often included in every photo release form to prevent the entire form from being disregarded if one party wishes to do so.
Image Release Form
Some Things to Consider
The main things that you need to keep in mind when you are making this release are the following.
- Who is granting use of the photo?
- What, if anything, is the grantor getting as compensation?
- Where are the photos being taken?
- When is the agreement being signed?
- How can the other party use the photographs?
These releases or waivers can be used to limit all of these items as well as grant permission for the ways that they can be used. You will need to remember this when you are making the form that you will use to release your items to be shared and shown by other people. You can both grant permission and also limit how it is offered. This is one of the best parts about using these documents, and being able to dictate how something that you used to own can be used after it is no longer 100% in your hands can be invaluable.
This is particularly true if you want to be able to protect your art or your work for future display or additional use on your own. There are instances where the release that you have offered to someone else to sign does not give them full ownership of the use of the images and video. You might want to use this clause or choice if you are not prepared to completely surrender ownership of your property for good.
Many artists who work in photo and video mediums retain a portion of the rights to the images so that they can use them as well. This can be ideal if you make your living off of the kinds of images that you have produced, and you also want to be able to use them to promote yourself. If you are working on a job where the buyer or client asks for specifics and you are not creating images or videos just for yourself, you might use a full release instead of a limited one. The nature of the release can be tailored to your situation with your client and the intention that you have for the items that you are releasing others to use.
Copyright Release Form Photography
There are many reasons that you might want to use a photo release form for your business. If you are an artist, a videographer, or a photographer, you will want to be sure that you do not forget to use this very important document for your business to protect your images and videos. This can be the mainstay of your limiting powers for the items that you have created, and you should be sure that you do not miss out on the opportunity to protect these images and videos carefully.
If you have been working without using a photo release form to protect your work, you might have just been lucky that you have not run into major issues yet. This is a critical form that most businesses of this kind need to use on a regular basis, and you would be wise to figure out how to write this form for your needs.