10 Key Reasons You Need a Photo Release Consent Form for Social Media
Do you want to use someone else's photo and wonder whether you should have them sign a photo release consent form for social media? Here are the key reasons you must use one to avoid major issues.
Sharing photos on social media is extremely fun and a major part of our lives, but if you're anything like me, you want to ensure you are protected when sharing photos of others. As a lawyer myself who drafts release forms for all kinds of media, I am giving you the breakdown of the key reasons you need a photo release consent form for social media.
You will learn about major issues you will prevent with a photo release consent form for social media signed, and we'll get into what is a photo release form, including the crucial terms you need in your social media consent template.
After learning about all these key reasons and what you need, you will avoid common (costly) issues and be fully protected.
This post is all about the key reasons everyone needs a photo release consent form for social media.
Essential Photo Release Consent Form for Social Media
What is a photo release form?
Before we dive into why you need a social media consent form, let's get into exactly what it is.
A photo release consent form is a legal document that a person that is the subject of that photo or who owns the subject in the photo must sign to grant someone else the right to use that photo.
So, if you have someone sign a photo release consent form for social media, that person is giving you permission to use a photo of them (or something they own) on your social media.
It could be a photo of that person or a photo of their dog, car, house, or whatever else is theirs.
The photo release form outlines how you may use the photo, where you may use it, your editing and reproduction rights, etc.
You may be granted a license to use it, which means that the person in the photo is still the rightful owner of that content. Or you could have all rights assigned to you, which means that by signing that photo release form, that person is no longer the owner of the content of that photo, and you become the sole owner.
A photo release consent form for social media can be used for an existing photo or a photo that is yet to be taken.
Do you need a photo release for social media?
So, you may be wondering when a social media consent template might be useful to someone. In any of the following cases, or 'roles', you need a photo release consent form for social media.
Photographer
If you are a photographer taking photos yourself of someone (or something they own), then you need them to sign a photo release form to use those photos on your own social media. That is if you do not have a photography contract. Normally, you would have these arrangements made in your photography agreement. The photography contract includes (or should include) all the elements of a social media consent template and much more. It includes all the protections a photographer needs, not just the rights to use the photo for social media or marketing purposes.
Learn more about the photography agreement in this blog post on the 7 Must-Haves for Every Videographer Contract Template.
If you are a freelance photographer, read this blog post on the 7 Essentials Every Freelance Videographer Needs in a Freelance Videographer Contract Template.
Influencer or content creator
If you are an influencer or content creator, you need a photo release form in the following cases:
If you are using a photo you made of someone else or with both you and someone, then you need a photo release form to have the right to post that photo on your social media.
Suppose you are using an existing photo of someone else or you with someone else in it. In that case, you also need a photo release form to have the right to post that photo on your social media, even if they have already posted it on social media too.
If someone else wants to use a photo of you or with you in it for their social media, then they need consent from you to use that photo on their social media. So also, in the reverse case, you need a photo release consent form for social media.
Business entities
Suppose you are an entrepreneur or business owner and want to use a photo owned by someone else for your business's social media platforms. In that case, you need a photo release form, even if you are not using the photo for marketing on social media, but just for your 'feed'.
Employers
If you are an employer and have photos taken of your employees for your social media, whether once or regularly, you need a social media release form for employees.
In principle, you should have already agreed in your employment agreement that all intellectual property rights created by an employee in their capacity as an employee will be automatically owned by the employer.
However, some consider social media as a grey area. Therefore, you want your employees to sign an explicit social media release form for employees to avoid any misconceptions and discussions (or even claims from your employees) down the line.
Also, your employees have certain privacy and publicity rights which may not be covered by the intellectual property clause in your employment agreement.
Thus, you need a social media release form for employees to have full entitlement to use the photos of your employees on your social media.
Reasons for using a photo release consent form for social media
Now you know what is a photo release form and when you need to use it, let's get into why you need a photo release consent form for social media.
I have listed each reason down below:
Compliance with privacy laws: This was already specifically mentioned for employers using photos of their employees for social media. But, anyone you use photos of has privacy rights under various privacy and publicity laws. You will breach those fundamental rights if you use photos of people without their consent. Therefore, it's crucial that you have them sign a social media consent template to comply with privacy and publicity laws.
Compliance with rules of platforms: Generally, the terms and conditions of social media platforms require you to be authorised to use the photos you post of others. Especially regarding ads, social media platforms want to ensure you are not infringing third-party rights. By having a social media consent form signed, you ensure and have proof that you comply with the requirements of various social media channels.
Authorisation: Only with explicit consent in writing will you be protected from possible legal issues and claims from the photo's subject. That does not only go for infringement of someone's privacy or publicity rights but also an unauthorised use of that person's likeness. By allowing someone to provide their consent to use their image on social media, you have the authorisation you need from that person.
Protection against Liability: By acquiring explicit consent from the photo's subject in writing, you protect yourself (and your business) from possible liability claims. That person can not make any claims against you because they have not given you their consent specifically to use their picture on social media. Your photo release form, thus, serves as evidence that the person in the photo willingly agreed to you using their image on your social media. So, you don't ever risk getting involved in expensive litigation proceedings.
Clear communication: With a photo release form, you clearly communicate to the photo's subject or owner what you intend to do with their photo. They know what to expect: you will use their picture for your social media. Your social media consent template should outline how you intend to use the image and on which social media platforms you will use that image (or any and all social media that you use). It should also clearly state the purpose (just for your feed or also ads?), duration (for a year or in perpetuity?), and any limitations or restrictions you may have agreed upon on how you will share the photo on your social media. A photo release form that clearly states what you may do with the photo on your social media will also prevent misunderstandings, disagreements on what exactly you have been granted consent for and conflicting interpretations.
Avoid paying (too much): Your photo release form should also clearly state if, and if so, how much your photo's subject or the owner of the photo is getting paid. It should also explicitly state that this person is not and will never be entitled to (further) compensation. Suppose that photo does really well on your social media (for example, you gain a lot of traffic or more 'likes' than expected). In that case, you do not want the person in the photo or (former) owner of the photo to ask for any compensation in the future.
Professionalism and ethical considerations: Using a consent form demonstrates your professionalism and commitment to ethical practices. Anyone will respect you for taking the rights and privacy of individuals seriously. That way, you not only avoid conflicts and claims but also build trust and a reputation which becomes increasingly important as your social media audience grows.
Advertising and promotion: If you are using a photo for social media and receiving a license to use the photo, you should also specify whether the photo will be used in ads on social media (or elsewhere). As mentioned in my sixth point, you need to explicitly state that the compensation is the only compensation the photo's owner or subject receives. You do not want them to ask you for (extra) royalties because now you are directly using the photo for advertising and marketing purposes, which could be requested if that person finds out after the fact that you are also using the photo for ads while this is not explicitly stated in the release form.
Minors and Special Circumstances: If you are using a photo of someone who is by law a minor or if you are using a photo that contains sensitive or controversial content, using a photo release consent form becomes even more crucial. When it comes to a minor, you definitely want to have the (additional) consent of the minor's parent or guardian. When it comes to controversial or sensitive content, you want to obtain that explicit consent to protect yourself, as you will be extra vulnerable to claims and disputes.
Future and different use: Lastly, you want a photo release consent form that gives you rights beyond using the photo exclusively on social media platforms. Having a broad release form in place allows you to use the photo for other and future purposes you might not have even considered. My media release form template provides you with all the rights you need to use a photo of or owned by someone else for all kinds of purposes and on all kinds of platforms. And, it's not just limited to photos, but also other forms of media, like video, audio, and texts, like blog posts. Learn more about my media release form template on this page of my contract shop!
These are reasons you may need a photo release consent form for social media, specifically. However, the reasons for you, specifically, may vary, depending on your position, circumstances and your jurisdiction.
Free social media consent form
So, now you know what you need in your photo release consent form for social media, you can ensure that all these essential elements are included in your social media consent template.
You may have found a free social media consent form on Google, but these free templates often are simple one-pagers that do not include all the essential elements for full protection.
Use the list I have provided in this blog post to ensure you have all your bases covered.
Social media consent template
I sell a media release agreement in my contract shop containing all the elements you need for a social media consent template and more. You can use this template for photos on your social media, but you can use it for all kinds of media, including videos and other content on your social media, blog, website, flyers, eBook, or anywhere else. I also use this same template for using other's photos for my blogs. You can find this template on this page of my contract shop.
This post was all about the key reasons you need a photo release consent form for social media to avoid major issues.
To learn more about getting a license on someone else's photo or other content, read this blog post on What Is a Content License Agreement | The Ultimate Guide (Including 11 Key Essentials).
You can learn about what key terms you need in your social media consent template when asking for a license in this blog post on the 11 Must-Haves for Every Content License Agreement.
You can get your social media consent template on this page of my contract shop!
