IP Tech Knowledgy

A business or organization that uses photographs of people in any of its materials should first obtain a photo release of anyone depicted.  t is prudent for businesses to have a photo release embedded in their employee manual or other documents or policies that relate to employees. Organizations, schools, or volunteer programs should include a release as part of enrollment or in any participation waiver or other document. Individual photographers or anyone using photographs of people should have forms ready for the subjects.

Releases address the issue that people have a right of publicity and can stop others from using their name, image, or likeness. A good release benefitting the company should broadly include all possible uses of the image in all media, in perpetuity, irrevocably, and royalty free. It should allow use of a person’s name, likeness, voice, or image. Companies should also be sure to include that the consent is valid even after the person leaves the company or organization, and it applies to commercial and non-commercial purposes. Allow for the right to edit, blur, or distort the image, video or voice. As its name implies, the subject should release the Company from any claim or liability that arises related to the usage. If the release is of a child, obtain consent of the parent, do not identify the last name, and be careful how the usage portrays the child. Conversely, the subject signing the release should be comfortable with the uses allowed, and try to edit the document down to uses that seem reasonable.  
 

Ned T. Himmelrich
410-576-4171 • nhimmelrich@gfrlaw.com