7 Crucial Elements You Must Have in Your photo and video release form for minors
Want to know what you need in your photo and video release form for minors? I am sharing the important elements you must have to protect yourself against the minor's parents and all other parties involved.
Shooting photo and video content is extremely fun, but you have to be extra careful when it comes to minors, and if you're anything like me, you want to ensure you are fully protected using content that includes anyone under 18. As a lawyer myself who drafts all kinds of media release forms, I am sharing the essentials you need specifically for the photo and video release form for minors so that you can avoid major issues with their parents and anyone else involved.
You will learn about the crucial elements of a photo and video release form for minors so you know exactly what you need in your minor photo release form template or any other media release form for minors template.
After learning about all these important details, you will avoid significant (costly) issues with the minors and their parents and be fully protected.
This post is all about the key elements you must have in a photo and video release form for minors.
Essential Photo and Video Release Form for Minors
What is a photo and video release form for minors?
A general photo or video release form is a legal document by which the person in the photo or video or the owner thereof grants you permission and the right to use that photo or video.
In the case of a person under the age of 18, however, you need the consent of the parent or legal guardian to use a photo or video of the underaged person. The law requires that any legal action, like a legal agreement and, in this case, a release form, of a minor requires the additional consent of the parent or guardian of that minor.
If you do not have the parent or legal guardian co-sign the release form, then the minor's parent or legal guardian can demand that you stop using the photo or video of the minor.
You can prevent such major (legal) issues simply by having the parent or guardian confirm in writing that you are entitled to use the minor's likeness, image and/or voice. And you want to have it in writing because, especially in the case of a minor, the parent or guardian may consent verbally to it at first, but they may not be okay with it for whatever reason in the future.
Therefore, it is crucial for you to have the parent or the guardian of the minor sign a photo and video release form for minors. That way, you have proof and demonstrate in court that you have all rights and permissions to use that photo or video of the minor.
You can use a minor photo release form template for an existing photo or video, or if you are taking the photo or video, you should have the minor and their parent/guardian sign a talent release form for minors before you shoot the photo or video.
Media release form for minors template
Now you know what is a photo release form; I will share the essentials you need to have in your media release form for minors template.
1. The minor's details
This is the part that is overlooked the most, and yet it is the most important part. You need to have the correct and complete details of the minor concerned. Otherwise, your minor release form template is useless. You must include the minor's full name (first, last and middle names), date of birth and current address. You probably don't know this exact information, so you can use a minor photo release form template that includes a section in which the minor or the parent/guardian can fill that out themselves.
2. The parent's/legal guardian's details
It's equally important to include the full name and address of the parent or legal guardian of the minor providing consent. It should also be specified what their relationship is to the minor. You need to have them provide those details to ensure that the correct person is granting permission on behalf of the minor.
3. Purpose
The third most crucial part of a photo and video release form for minors is to clearly state the purpose for which the photo or video will be used.
Even if you have all rights assigned to you (which we will get into next), you need to state the purpose.
The purpose should contain a detailed description of what the photo or video will or may (in the future) be used for. You want to clearly state:
the platforms of distribution, such as social media, YouTube, a Netflix documentary, website, eBooks, online courses, flyers, posters, etc. If you are posting the photo or video on social media, specify on which account(s) that will be.
if the photo or video will be incorporated into other photos or videos, which photos/video that will be.
whether the photo or video will or may be used for advertising purposes.
You may want to keep the language of your media release form for minors template form vague so that you can use the photo or video for a broad range of purposes.
You should definitely include other broader purposes to cover yourself, but you need to include any specific purpose you already know you will use the photo or video for (now and in the future).
Even if you have the right to use it for whatever you want, you still do not want any future disagreements or disputes with the parents of a minor because it was unclear to them what you would use it for. Minors are especially well protected by law. The chances are, therefore, greater that the parents can successfully claim (in court) that you have misled them. Depending on the situation and the jurisdiction, you may not have a leg to stand on, even if they did sign your ambiguous release form.
That is why you must use clear language in your minor release form template and specify what you plan to use the recording for. That is the goal of any legal document anyway; to avoid confusion, misinterpretation and future disputes.
4. Rights granted
The minor has intellectual property rights to their likeness, image and/or voice in the photo or video. In addition, the minor has personality rights and privacy rights.
These rights entitle every person to determine what happens with their likeness, image and/or voice and how others may use them. And in the case of a minor, the parents and legal guardians may decide that. So, the parent or guardian of the minor can demand you to remove the photo or video from whatever platform you published it on. Or, they may not want you to delete the photo or video completely but have (certain parts of) it edited.
Unless they waive those rights and either assign them to you (which means you become the sole owner of those copyrights) or grant you a license to use them.
It's crucial that you include the correct wording for the assignment or license. If you do not have the proper wording in your minor photo release form template, the minor's parents or legal guardian(s) can make copyright or privacy infringement claims against you and still demand that you delete or edit the photo or video of the minor.
5. Compensation clause
Both you and the parents or legal guardians of the minor need to have a clear understanding of what their rights and obligations are regarding compensation.
Your talent release form for minors should clearly state if, and if so, how much the minor is getting paid. It should also clearly state that the parents are not getting paid.
It should also explicitly state that the minor is not and will never be entitled to (further) compensation, such as royalties or residuals.
Suppose the published photo or video becomes a huge success, and the minor's parents believe their child is a superstar. For example, you published the video on YouTube, and it got a lot of views. In that case, you do not want the parents to come after you for any (additional) compensation because they believe their child deserves a (higher) pay cheque.
6. Consent duration & prohibition to revoke consent
Another essential element for the photo and video release form for minors is a section on the parent's or guardian's consent. You must include a separate unambiguous statement that the parent or legal guardian consents to your use of the minor's photo or video and agrees to the terms and conditions of the form.
Also, specify that this consent is given for an indefinite period and that the parent or guardian can not revoke the consent.
7. Signature boxes for both the minor and the parent/guardian
Most importantly (otherwise, it's all for nothing), have your minor photo release form template signed by the minor (unless the minor is a toddler) AND a parent or legal guardian of that minor.
Conclusion
These are some of the most important terms to include in a photo and video release form for minors.
For more on the mistakes to avoid and essentials you need in any media release form, read this blog post on the 5 Major Mistakes to Avoid in an Audio/Video Release Form (Why You Can't Just Use Any Random Release Form).
Your minor photo release form template
Now you know what you need in your minor photo release form template; you can ensure that your form contains all the essential elements and avoid all major issues discussed in this blog post.
You may have found a free media release form for minors template online, but these free templates often are simple one-pagers that do not include all the essential elements to fully protect you.
Use the list I provided in this blog post to ensure you fully cover yourself and your business.
Need a media release form for minors template?
I sell a media release form template in my contract shop containing all the elements you need and more.
You can use my template for photos and videos of minors, but you can use it for all kinds of media, like audio, text or other media for your social media, blog, website, flyers, eBook, or anywhere else.
You can find my media release form template on this page of my contract shop.
This post was all about the crucial element you need in your photo and video release form template for minors.
Want to learn about all the basics you need in any media release form? Read this blog post on the 5 Major Mistakes to Avoid in an Audio/Video Release Form (Why You Can't Just Use Any Random Release Form).
You can get your media release form template on this page of my contract shop!
