Photo Release Form: When You Need One

Model release — signed by a recognizable person in the image, authorizing use of their likeness.

Property release — signed by the owner of distinctive property (a home, a sculpture, a pet, a branded building interior) authorizing commercial use of that property\'s image.

Needed: advertising, stock photography, book covers, endorsements, product packaging, social media ads, websites promoting a service.

Usually not needed: news reporting, editorial use, fine-art display, news commentary, documentary work, and most personal use.

The line between "editorial" and "commercial" can be fuzzy. When in doubt, get the release.

• Names of the photographer and the model (or property owner)
• Description of the images covered
• Scope of use: print, digital, worldwide, perpetual
• Consideration: payment, exposure, copies of prints, etc.
• Right to modify, crop, and caption
• Waiver of right to inspect or approve final use
• Release of claims for libel, invasion of privacy, and right of publicity
• Parent or guardian signature for minors
• Signature and date

A minor (under 18 in most US states; 19 in Alabama and Nebraska) cannot sign their own release. Both the minor\'s printed name AND a parent or legal guardian\'s signature are required.

Deceased individuals have post-mortem rights of publicity in many states (California, Tennessee, Indiana, and more). If using an image of a recognizable deceased person for commercial purposes, obtain a release from their estate.

Potential claims: invasion of privacy, right of publicity violation, misappropriation, defamation if the use is unflattering, breach of implied contract. Damages can include statutory damages (up to $750k in California for willful commercial use of a deceased celebrity), disgorgement of profits, and attorneys\' fees.

Stock agencies reject images without releases. Clients increasingly require releases as a contract condition.