A Guide to Photo Release Forms: 6 Types of Release Forms
Written by MasterClass
Last updated: Jun 7, 2021 • 4 min read
Photography release forms can be an important part of your shoot regardless of whether you’re an amateur or professional photographer. These legal documents establish guidelines or restrictions on how a photo can be used by either party, protecting it from misuse or misrepresentation.
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What Is a Release Form?
A release form is a photography contract between a photographer and a subject that specifically outlines all the ways the photo can be used. This can be a simple photo release form that gives indefinite permission to publish the photos in any manner, or it can be more restrictive, placing limitations on how the subject’s photo (or photo of their property) can be used. A release form also protects the photographer, preventing unauthorized commercial use of their pictures for other purposes as well.
Why Are Release Forms Important?
Release forms are important because they give a photographer legal permission for use of the photograph, and to publish the photos they take of people or their private property. They also establish any limitations a client has to use the photographs themselves. In the United States, it is against the law to use a person’s likeness for commercial purposes without their permission, even photos taken on public property. Release forms can save you from encountering any legal issues when publishing your photography work.
When Do You Need a Release Form?
If you want to publish someone else’s photo in a public space, like on a website or in an advertisement, this is considered commercial use, and you’ll need a signed photo release form. Commercial use includes using the photo for financial gain (whether directly or indirectly), or to market a product or idea. If the subject is recognizable and you want to use their photo for promotional use or as stock photography, you’ll need a release.
Street photography is shot in a public place where a subject has no expectation of privacy, which means a photographer can technically sell those images without a release. Images taken for editorial use, like for newspapers or trade publications, also do not require a release. However, for a photoshoot on private property or with it, a detailed agreement is necessary to ensure everyone knows what their rights are in regard to use of the photograph.
6 Types of Release Forms
There are different types of photo release forms specifically tailored to grant certain permissions:
- 1. Photo release forms. A photo consent form is generally a catch-all term that includes any sort of photo release form, regardless of its type. However, when most people request one, they’re usually referring to the standard photo release form that gives the subject or client permission to use the photographer’s work for their own purposes.
- 2. Model release forms. Where a photo release form outlines permissions for the subject or client to use the images, this legal form grants the photographer permission to use the photos as they like, while also protecting them from lawsuits or legal troubles from the subject or client.
- 3. Minor release form. In the United States, a minor child is not considered an adult until they are 18 years of age, which means they’ll need a parent or legal guardian to sign on their behalf and grant permission for the photographer to use the photographs.
- 4. Photo print release forms. This document outlines a client’s legal rights in printing the photos for their own personal use, like how many copies they can print, and where they can be used (like for online or digital media).
- 5. Property release forms. Property release agreements work similarly to a model release, except in this case, the model is the property owner, and the images don’t contain people, only private property like cars, homes, or pets. In this agreement, the property owner grants the photographer permission to use their personal belongings for their own professional purposes.
- 6. Photo copyright release form. This agreement grants a third party permission to reproduce the photographer’s images. In this contract, the photographer retains the copyright, only licensing use of the photos to another party, and outlining how that third party may use them.
What Information to Include in a Release Form
There are many photo release form templates available online, and depending on the type of release you need will determine which elements should be in your contract. However, photo releases should contain the following components:
- Names. Names of both parties should be included in a photo release to properly identify who is either granting or receiving permission to use the photos.
- Terms. Include the specific terms for photo use both parties have agreed on using clear, deliberate language to avoid any misunderstandings of the legal rights.
- Description of the shoot. Include what images were captured during the photography session, along with when and where it took place.
- Agreement statement. To ensure the parties have read the fine print and understand the contract they’re signing, provide a statement declaring the signee has read and agreed to the above terms.
- Dated signature. The photo release will need to be signed and dated by the appropriate parties, or else it won’t be valid. Provide space for a printed and signed name, date line, and any other pertinent contact information like address or phone number.
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