Photo Consent Form Template
All states | 9 types
Template Description
A signed photo consent form allows you to use or publish another’s image. This can be through a variety of media, including videos, magazines, websites, and television. Usually, the contract requires the signatures of both the individual in the photo and the person who wants to use it.
These consent forms exist to protect the legal rights of those involved. Namely, it safeguards the subject’s privacy and protects the other party from legal action. You can complete this photo consent form template on Lawrina by filling out the required information. Remember to customize the template to fit your specific needs.
What Is a Photo Consent Form?
A photo consent form gives the photographer the right to use another’s image. Sometimes, it is not the photographer who is seeking permission. It can also be a company, non-profit organization, or school. They are the requesting party and the person in the photograph is the subject.
When the subject signs the photography consent form, they essentially allow for their likeness to be used. There are several reasons why someone might want this. For example, you can use the person’s image on your company website for marketing purposes. The contract outlines what you can use the image for, where you are allowed to use it, and when.
Parties of the Photo Consent Form
Typically, there are two main parties in a photo consent form. Sometimes, a third party also wants to use the photograph. For example, they might be an advertising or publishing agency. In this case, you should also mention them in the form.
Regardless of how many parties are involved, it is important that they all have a clear understanding of the terms outlined in the photo consent form. This ensures that whoever uses the image does so consensually and appropriately. The two parties that usually partake in a photo release form are:
- The subject — The subject is the person who is in the photograph. If they are a minor, then their parent or legal guardian has to consent on their behalf.
- The requesting party — The requesting party wants to use the image of the subject for a specific purpose. They might be the photographer, but they may also be an organization or school.
Key Terms
- Subject — The person in the photograph;
- Requesting party — The person who wants to use the image;
- Photo consent form template — A pre-designed template detailing the conditions under which the subject agrees to the release of their image;
- Consent — The subject's agreement for their photo to be used;
- Release — The legal act of giving someone permission to use your image;
- Minor child photo release — A specific form that is necessary when a subject is not old enough to consent; and
- Usage rights — How the requesting party can use the photograph.
Why Are Photo Consent Forms Important?
If you want to use someone’s likeness, a photo consent form is important because of the legal protection it offers. If you get into a legal dispute, you can use the signed contract as proof of the subject’s consent.
Likewise, signing a photography consent form is just as important if you are the subject of the photo. By giving your explicit, written consent you help safeguard both your right to privacy and your right to publicity.
Who Needs to Sign a Photo Consent Form?
The requirements for who needs to sign the photo consent form may depend on the specific situation. Generally, the individual who is the subject of the photograph has to sign. Especially, if their likeness is recognizable. If they are underage, a parent or legal guardian has to sign on their behalf.
If the image includes someone's brand, artwork, or property, the owner may also have to give consent. Sometimes, companies can ask their employees to sign a photo release form if they intend to use their image for business-related purposes. For example, to put on the company website. You can customize the photo consent form template to match your needs.
What To Include In a Photo Consent Form?
Knowing what to include in the contract can make it easier for you to customize the photo consent form template. This is a general overview of what to expect:
- General information — Leave space for the names and signatures of all parties;
- Description of the photograph — Provide identifying information such as the date, location, or event;
- Purpose of use — Describe how you intend to use the photograph;
- Scope of consent — This includes whether the consent is exclusive and for how long it is valid; and
- Release of claims — Make sure the photo consent form includes a release of claims, meaning the subject agrees not to take any legal action.
How To Write a Photo Consent Form
To write a successful photo consent form, make sure that you first understand what the subject’s legal rights are. Also, which conditions they are willing to consent to. Doing so helps you to protect everyone involved, including yourself. Follow this detailed guide if you want to create your own legally binding document:
1. Title and Introduction
The title needs to clarify what type of contract this is, namely a photo consent form. Therefore, make it both specific and direct. For example, you might name it ”Photography Consent Agreement". For the introduction, make sure to incorporate these elements into your photo consent form template:
Title of the document
Date on which the contract comes into effect
The subject, requesting party, and any other third party involved
Purpose of the agreement
2. Description of Use
In a photo consent form, the description of use section defines under which exact conditions the requesting party can use the subject's likeness. This part of the contract needs to be as specific as possible to avoid misunderstandings.
It should state your intentions for using the subject's photograph. For example, you might want to use it to advertise your store online. Remember to also include the exact geographical location where you want to use the person's likeness.
3. Duration and Conditions
Duration refers to how long you can use the subject's likeness. When writing the photography consent form, state the exact time period. It is also possible for this to be indefinite.
Meanwhile, the conditions are the rules and limitations that apply to your usage rights. For example, the subject might not allow you to alter their image or to publish it through a certain medium. An example of a medium is social media.
4. Signature and Date
The date and signatures of both parties are necessary for validating the photo consent form. It is where the subject and the photographer, or other authorized representative, officially agree to the contract's terms.
When writing this section, make sure to leave designated spaces for each party's signature, printed name and date of signing. Typically, you can find this at the very bottom of the photo consent form template. Some also include the email address and phone number.
5. Parent/Guardian Consent (If Applicable)
Whenever the subject of the image is underage, it is necessary to dedicate a section of the photo consent form template for the parent or guardian to give consent on their behalf. Minors cannot legally give consent, meaning they need permission from their caregiver.
This section should include a line for the parent or guardian's printed name, signature, and date of signing. Additionally, include space for the signer to indicate their relationship to the subject.
When To Use a Photo Consent Form
Photographers and businesses use photo consent forms whenever they want to secure their rights to use a certain image. In some scenarios, it is a required action to prevent future legal troubles. This holds especially true in an age where photographs can quickly be shared with a wide audience.
In other cases, this type of release form may not be necessary. Knowing when it is appropriate to use one can help you to make more informed decisions.
Common Use Cases
Here are some common cases where it is important to use a photo consent form:
- Photographing minors – You need to obtain the permission of a parent or guardian whenever you photograph someone who is too young to give consent;
- Academic institutions – Schools frequently ask parents for consent to photograph their students for use in yearbooks or on school websites; and
- Sensitive situations – A photo consent form is usually necessary if the situation is sensitive, such as when it involves healthcare or social services.
When Not To Use a Photo Consent Form
In some scenarios, a photo consent form is not necessary. For example, if the image is considered newsworthy and is not intended as a promo material. Also, releases are usually not required if the setting is in a public space, for example, on a street. In this case, no individual is the focus of the photograph.
Related Documents
Frequently Asked Questions
Yes, minors need photo consent forms. Because they are underage, they are not able to give legal consent themselves. Instead, they need a parent or legal guardian to do so on their behalf.
By signing a minor child photo release form, they authorize the use of their child's image for private or public purposes. The document usually details how the photos will be used, allowing the parent or guardian the opportunity to either agree or disagree with the terms.
Remember to familiarize yourself with the local laws since these may vary by state. Generally, it might prove challenging for you to revoke your consent unless the photo consent form specifically allows you to do so.
If the contract does not explicitly state that your consent is irrevocable, there is a possibility you can withdraw it. This is also the case if the photography consent form fails to specify for how long the image can be used.
A photo consent form is not the same as a model release form. They serve two different purposes. A photography release form allows you to use someone's image broadly. This can be for personal use, academic reasons, or similar.
A model release form has a much more specific purpose. It is only intended for commercial reasons. For example, to promote a product or service.