10 Key Reasons You Need a Photo Release Consent Form for Social Media
Want to use a photo of someone else on your SM 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 legal and financial issues.
Sharing photos on social media is something we all do, but if you're anything like me, you want to ensure you don’t get into legal trouble when sharing photos of others. As a lawyer myself who drafts release forms for all kinds of media, I’m breaking down the key reasons you need a photo release consent form for social media.
By the end of this blog post, you’ll understand:
What a photo release form is (I know you’re wondering, “What is a photo release form actually?”)
When you need a social media consent form template
The major risks you avoid by using one (and the major risks of using just any Photo release consent form for social media online)
How to ensure your photo release consent form for social media has all the essential protections you need
After learning about all these key reasons and what you need, you’ll be fully protected and avoid common major financial risks and legal trouble.
This post is all about the key reasons everyone needs a photo release consent form for social media to stay legally compliant, avoid disputes, and protect themselves.
Essential Photo Release Consent Form for Social Media
What is a photo release form?
Before diving into why you need a photo release consent form for social media, let's get into into the question we must first ask: “What is a photo release form for social media in particular?”.
A photo release consent form for social media is a legal document that a person (the releasor)—who is the subject of the photo or owns the subject in the photo—signs to grant someone else (the releasee) the right to (1) take photos of that person (or something they own) and (2) use that photo for their own social media.
It could be a photo of that person or a photo of their dog, car, house, or whatever else is theirs.
The form outlines:
The consent of that person to take photos of that person (or something they own)
On what social media platforms and on what social media accounts the photo may be placed
For what purpose the photo may be used on social media (only in the feed or also for ads?)
What rights are granted? A license to use the photo or full ownership (assignment)?
If a license is granted, how long the photo may be used for (4 months? 1 year? Forever?)
Editing and reproduction rights, etc.
Bottom line: Without a signed photo release consent form for social media, you risk legal claims if the person later objects to their photo being used.
A photo release consent form for social media can be used for a photo that is yet to be taken. If you’re looking to grant or receive rights to an existing photo, you need a license agreement, which you can learn more about in this blog post: What Is a Content License Agreement | The Ultimate Guide (Including 11 Key Essentials).
Who needs a social media consent form pdf signed?
Now, do you need a photo release for social media?
A photo release form isn’t just for photographers and models.
If you fall into any of the following categories, you need one to (1) legally use someone else’s photo or (2) protect yourself if someone else uses your photos.
Here are some examples of cases in which you need a photo release consent form for social media pdf signed.
Photographers & Photo Subjects (Models)
If you are a photographer taking photos of someone (or something they own), and you do not have a photography contract signed by that person, then you need them to sign a photo release form to use those photos on your own social media.
If you do have a contract signed by that person, then that contract should include all the elements of a social media consent template.
Learn more about the photography agreement in this blog post on the 7 Must-Haves for Every Videographer Contract Template.
If you are the subject of the photo (whether as a model or otherwise), you’ll also want to have a release form signed if there’s no contract in place to determine exactly how, where and for what purpose the photographer may use your photos. That way, you’ll have complete agreement and avoid major issues if the photographer uses your photos for other purposes.
Content Creators & Influencers
If you are an influencer or content creator, you need a photo release consent form for social media in the following cases:
If you are posting a photo of someone else (with or without yourself included) on your creator account, then you need a photo release form (even if they have already posted it on their social media).
If you’re collaborating with brands and including other people in your content, then you’ll definitely need to have them sign a comprehensive photo release consent form for social media. Brands will ask for it and require you to cut them out if you haven’t used a release form.
If someone else wants to use a photo of you or with you in it for their social media, then you’ll also want to have them sign your own photo release form to ensure you still have control over what happens with your face. As a creator, you need to protect your reputation!
Business Owners & Entrepreneurs
If you are a business owner or entrepreneur, you’ll need a photo release consent form for social media in the following cases:
In any case, you’re posting photos of someone else on your business’s social media, even if you are not using the photo in ads but just for your ‘feed.’
If you’re featuring someone else's product or property in your content, you need that Social media consent form pdf signed.
As for your employees, you should have all the necessary terms already included in your employment contract. But many employers don’t, and then you’ll need to have them sign a social media consent form for employees.
The 10 reasons you need a photo release consent form for social media pdf signed
Now, you know when you need to use a photo release consent form for social media.
Here’s why you must have a signed release form before posting:
Compliance with privacy laws: Everyone has privacy rights under various privacy and publicity laws. You will breach the law if you use photos of people without their consent. Thus, you need to get that consent first and be able to prove it in court. If you’re not able to prove that you have been given (oral) consent, then the person you’ve photographed will have the right by law to have their photo deleted from your social media. A signed release form ensures you are legally allowed to post the photo and keep it up.
Compliance with social media platform rules: Most platforms require you to have permission for any photos you post of others (under the T&C you agreed to). Without a release, your content could be reported, removed, or your account could even be banned. By having a social media consent form signed, you have proof that you comply with the requirements and your photo won’t be taken down by the platform.
Authorisation: Only with explicit consent in writing will you be protected from possible legal issues and claims from the photo's subject. Without written consent, you won’t be able to prove that you received consent in court. A verbal consent just won’t cut it.
Protection against liability: By acquiring explicit consent in writing, you protect yourself (and your business) from possible liability claims. You don’t run the risk of someone suddenly changing their mind and suing you in court. If someone grants you those rights through a legal document, they can’t retract that consent for no reason.
Clear communication: A proper photo release consent form clearly outlines (in plain English) how, where, and for how long you or the person you grant the rights to can use the photo. This one is for both the one using the photo and the one granting rights to their photo:
If you’re the one using a photo of someone else, you can clearly state all the different purposes you can use the photo for so that you have complete freedom to use the photo however you want.
If you’re the one granting the rights to your photo, you can control how your photo is used so that your reputation won’t get damaged. You can even restrict certain things, like running ads on your photo.
Avoid paying (too much): Your photo release form should explicitly state whether the person is getting compensated or not. And if they’re receiving a compensation is is? Cash? The right to use the photo, too? A pair of leggings? It should also clearly state that this person is not entitled to (further) compensation now or in the future (if you’re the one using the photo). Suppose that your post goes viral. In that case, you do not want them to ask for any (further) compensation in the future.
Professionalism & ethical considerations: Using a consent form shows respect for others’ rights. And anyone in their right mind will appreciate you for taking their rights and privacy seriously. Not only do you avoid conflict and claims, but a release form also helps build trust and credibility, especially if you’re growing a business.
Advertising & promotion: If you’re using a photo for advertising or promotion, explicit permission specifically for social media ads is an absolute must. That’s also why you need to state that the compensation they receive (if any) is the only compensation and that they’re not entitled to any (further) compensation. You do not want them to ask you for (extra) royalties because you are (also) using the photo for ads and making money off their photo. And if such a purpose is not explicitly stated in the social media consent form, they will be entitled to (further) compensation.
Minors & sensitive content: If you are using a photo of 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. Photos of minors require parental consent. When it comes to controversial or sensitive content, you will need explicit approval to avoid backlash, as you will be extra vulnerable to claims and disputes.
Future-proof your content: Lastly, you want a photo release consent form that gives you rights beyond using the photo exclusively on social media. A broad release form lets you use the photo for other purposes later that you might not have even considered. It ensures you don’t have to keep requesting permission for future uses.
These are all the reasons you need a photo release consent form for social media to protect yourself and your business!
The ultimate photo release consent form for social media template free of fluff!
My media release form template provides you with all the rights you need to use a photo 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.
I also use this same template for using third-party content on my blogs.
Learn more about my media release form template!
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 what mistakes to avoid and what you need in a media release form, read these next blog posts:
