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Dear Sir or Madam,
Permission to use
For good and valuable consideration, (receipt of which I acknowledge), I confirm that:
Yours faithfully,
| _________________________________ | _________________________________ |
CONTACT DETAILS:
Address:
Email address:
Telephone number:
This Model Release Form template covers:
who the parties are
what material is being used (ie a photograph or video footage)
the purposes for which the material is being published
storage of the material
transfers of the material to areas outside of the UK or European Economic Area (EEA)
Data protection law gives individuals rights related to how their personal data (ie information about them from which they may be identified, either alone or together with other information) is used. Images of people often constitute personal data, as long as there’s a possibility that the people can be identified from the images.
Businesses must uphold individuals’ data protection rights by, for example, having a lawful basis to process (eg use) individuals’ data. One of the lawful bases is that processing the data is necessary to enable the performance of a contract that the data subject (eg the person whose image is being used) is a party to. If used properly, this Model Release Form can be used to form such a contract and, therefore, to give a business a legal basis for using an individual’s image in the ways specified in the Form.
You need a Model Release Form if you want to protect your business from potential future legal claims in relation to the use of an individual’s image. By signing a Model Release Form, an individual waives most of their rights in relation to the relevant image of them.
For more information, read Image rights and Model release letters.
In a Model Release Form, an individual grants a business permission to use the relevant content in one or more specified forms. For example, on websites, blogs, marketing materials, or printed publications. This means that the image can be edited, copied, modified, exhibited, published or distributed via these channels without the individual having any right to inspect the materials or to receive further compensation. For more information, read Model release letters.
Certain images are unlikely to contain personal data. For example:
when individuals are incidentally included in an image or are not in focus (this is common during street photography)
when an image features someone who has died
when an image is being used for journalistic, informational, literary, artistic or research purposes
If an image does not constitute personal data, a business does not have to adhere to the usual data protection laws when using it and a Model Release Form is unlikely to be necessary.
A photo release form is different to a Model Release Form. A photo release form gives someone permission to print particular photos or to use them for personal reasons. For example, a wedding photographer may sign a photo release form giving their clients permission to print their wedding photos.
This Model Release Form is designed to be used by individuals to give businesses permission to use one specific photograph or piece of video footage. If you need a Form that covers multiple materials at once, Ask a lawyer for assistance.
This Model Release Form is capable of forming a legally binding contract. If it is correctly made and signed, the parties will be bound by its terms. Bear in mind, however, that the Form highlights and upholds the individual’s right to withdraw their consent for the material to be used in the specified ways at any time.
Making your Model Release Form online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about the material and its intended use prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
The business and the individual
What are the name, address, email address, and legal structure of the business that wants to use the image? If it’s a company, what is its company number?
Does the relevant material contain the images of a minor (ie somebody under 18 years old)? Or of multiple minors who have a shared parent or guardian?
If so, what is the minor’s name (or all of their names, if there are multiple)?
Who is the individual giving permission for the image to be used? You will need their name, address, email address, and phone number.
If the Form is for the image of a minor, this will be their parent’s or guardian’s details.
The material
Is the business seeking to use a photograph or video footage?
If a photograph, will a copy of the photograph be included? If not, you must include a description of the photograph.
Use of the material
In which media will the material be used? For example, websites? Printed publications? Advertising materials? You can include multiple different types of media.
For each type of media selected, what purpose will the material be used for via this medium?
Transfers of personal data
Will the material (or the individual’s other personal data, eg contact details) be transferred outside of the UK and EEA?
If so, which locations will it be transferred to?
Will the material be transferred to any third parties (ie parties other than the business and the individual who are involved in the Form)?
If so, who will it be transferred to and for what purpose?
The Model Release Form
What is the date of the Model Release Form?
If the business or the individual is based in Scotland, will the contract be governed by the laws of England and Wales or the laws of Scotland?
Model Release Forms set out the terms of an individual’s consent to a business using their image. To do this, this Model Release Form template includes the following terms and sections:
The parties and addresses
The Form is structured as a letter from the individual to the business and, as such, it starts by setting out the names and addresses of both parties to the contract.
I understand that…
The body of the Form begins by highlighting the purpose of the Form: dealing with the business’ wish to use a photograph or video footage containing the individual’s image or that of their child. If the Form relates to a minor’s image, the minor is (or all minors are, if there are multiple) identified here.
For good and valuable consideration, (receipt of which I acknowledge), I confirm that…
This sentence is important. ‘Consideration’ means something of value that somebody receives in exchange for something else (eg in exchange for their giving another party permission to use an image of them). Consideration can be monetary or not (eg it could be publicity that’s obtained). The exchange of consideration is required for a valid contract to be formed. Therefore, by signing the Form and therefore making this statement (assuming it is true), the individual may enter into a binding contract with the business.
I grant the business exclusive permission to use…
The specific ways that the Form entitles the business to use the relevant material are set out here.
I understand that my image may be edited…
This term and the following term set out the individual’s waiver of their right to receive any additional compensation for the use of the material and their right to inspect or approve any products made using edited or unedited versions of the material.
I consent to the business…
This section sets out certain things that the business may do under the contract. For example, store copies of the material (and/or the individual’s contact details) as required and, if allowed, transfer it outside of the UK or EEA.
I consent to the business transferring…
If the business is allowed to transfer the material to third parties, this is set out here and the relevant third parties are identified.
I have the right to…
Some of the individual’s rights in relation to the business’ use of the material are set out here. For example, their rights to:
withdraw consent for the business to use the material in the specified ways
withdraw consent to transferring the material to third parties or outside of the UK or EEA
request access to their personal data that’s held by the business
This agreement and any dispute…
This section sets out which country’s legal system must be used to resolve any disputes. This is the contract’s jurisdiction. This is necessary as the legal systems of England and Wales and of Scotland are different.
Yours faithfully…
The Form ends by providing space for the individual to sign to contract. Their contact details are set out underneath this.
Schedule 1 - Photograph copy
If you’re including a copy of the relevant photograph, you should add this into (or attach it to) this schedule once you’ve downloaded or printed your Form.
If you want your Model Release Form to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Model Release Form complies with all relevant laws and will be enforceable. Use Rocket Lawyer’s Ask a lawyer service for assistance.
Clearly identify the relevant material
This Model Release Form is designed to relate to a specific photograph or specific video recording. It’s important that you clearly describe the material in question so that, if any disputes arise in the future, the parties have a clear record of exactly what material the individual gave the business permission to use. If the relevant material can’t be clearly identified, establishing what it was during a dispute may be costly and time-consuming. If the material is a photograph, attaching a copy to your Form is usually the safest way to identify it.
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
the individual may be considered a celebrity
you need a Release Form that covers multiple materials (eg a collection of photographs)
the individual is based outside of England, Wales and Scotland
