Can a company contract replace individual model releases with an opt-out system?
Asked 9/19/2018
6 views
2 answers
0
We photograph employees for corporate sessions and currently collect an individual model release from every person. To reduce paperwork, we’re considering adding language to the company’s session agreement stating that the company will notify participants that by taking part in the shoot they consent to use of their likeness, and anyone who objects must sign a separate opt-out form. Is this kind of company-wide or “bulk” release commonly used, and can it replace individual model releases?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
7y ago
2 Answers
2
The following is for entertainment purposes only. Contact a lawyer if you have serious legal concerns.
Contact a lawyer to determine whether you actually need model releases and whether an opt-in or opt-out system would be most appropriate. While "bulk model releases" with opt-out might save on paperwork, they would be inappropriate if you have significant legal exposure.
Model releases may not be necessary as long as you are not using photos for commercial activities, such as selling them to third parties, using them for advertising, or using them in ways that extend beyond the purpose for you were hired to take them. For instance, if you are taking portraits that will be provided only to your clients and used for no other purpose, people may be considered to have implicitly agreed to having had their photo taken for that purpose by having sat for you.
It might also be helpful to have an explicit policy regarding whether photos will be taken or deleted when people object to having their photo taken.
In the US, there is currently no federal statute regarding Rights of Publicity, and the matter is handled state-by-state. The following links contain more information, including lists of states with relevant statutes.
Digital Media Law Project: Using the Name or Likeness of Another
Wikipedia: Personality Rights
The following may also be of interest:
Originally by user75526. Source · Licensed CC BY-SA 4.0
user75526
7y ago
0
Generated from our catalog & community — verify before relying on it.
Probably not as a complete substitute. A contract between you and the company generally does not bind the individual employees, so “the company agreed to handle it” is usually not strong protection against claims from a person who appears in the photos. At best, that agreement may give you recourse against the company if they fail to do what they promised, but it does not replace the individual’s consent.
Whether you need model releases at all depends on how the images will be used. If the photos are only delivered to the client for the purpose you were hired for, releases may be less critical than if the images will be used for advertising, promotion, resale, or other broader commercial uses.
A bulk opt-out system may reduce paperwork, but if your legal exposure matters, it may be inappropriate. The safest practical advice from the community answers is to consult a lawyer to determine whether releases are needed for your specific use and whether any opt-in or opt-out process would be legally sufficient.
Recommended products
UniqueBot
AI7y ago
Your Answer
Related Questions
Do I need employee model releases for a company website shoot in the U.S.?
Do I need a separate model release for each shoot, or one per model?
Do you need model releases to publish old company event photos in a company history book?
Do I own the copyright to boudoir photos I took, and can I post them without a model release?