Have you ever wondered why many companies use stock pictures for their websites and marketing campaigns? The answer is, using someone's image isn't as easy as it seems. First, you have to obtain their permission, preferably, in a legally binding document.
We live in a time where people publish a lot of personal things online, yet, everyone seems so concerned about their privacy. That's why you should never attempt to use anyone's image without obtaining legal permission, even if it's someone you know well.
A Release and Right to Use Image and Likeness is a legally binding document giving someone permission to use the other party's image or likeness. There are many ways to create this document, and everything depends on how you plan to use the picture.
Image and likeness are usually used for marketing purposes, websites, social media, or newspaper articles. The right to do so may be dependent on payment, but it doesn't have to be. Everything depends on the parties involved, their relationship, etc. It's essential to explain terms and conditions in the document.
Various things can be subject to this agreement. They often include photography, image, likeness, artwork, text, quote, stories (for example, success stories that can usually be found on fitness websites).
Depending on your state, a Release and Right to Use Image and Likeness may also be known as:
Consent for Use of Likeness
Personal Release Agreement
Two parties might be interested in this document. First, if you want to use someone's image and likeness for almost any purpose – advertisement, publishing, or social media. Using someone's image without their permission is considered a violation of their rights, and it can have serious consequences.
This applies to companies or magazines wanting to use someone's image and photographers who may want to put a stock image on a website or something similar.
In today's world, where everyone's concerned about their privacy, a verbal promise is no longer enough. Therefore, even though someone reassured you could use their image, it may be useful to have a signed document, just in case.
On the other hand, if you are the one whose image is being used, this document can be useful to you as well. It helps you protect your rights, as you can determine who is allowed to use your image and likeness and who is not. Celebrities use this when they want to give someone exclusive permission to use their image and likeness.
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Creating a Release and Right to Use Image and Likeness with 360 Legal Forms is one of the easiest ways to proceed because we've already prepared everything you need! All you have to do is select the form you like and fill out your personal information. We'll create a document that follows the law, and you can then download it as a PDF or Word document, whatever suits your needs.
To create your document, please provide:
The party's name and contact information seeking permission to use an image: This could be a photographer, journalist, company, magazine, or website owner.
The party's name and contact information permitting to use an image: The person whose image or likeness is going to be used.
The photoshoot's time and location: This date usually precedes the date when the document is signed, and it is important to state it.
The details on how the image will be used: Explain where and what purpose the image/likeness will be used.
Compensation: If there's compensation, specify what kind and what amount.
Additional terms and conditions: If there are any other terms and conditions, don't forget to include them.
Signature: The signatures of both parties are required. Witness signatures aren't required, although it would be good to have them.
Likeness: Likeness is any kind of representation, photography, picture, image, or portrait of a person.
Compensation: Something that the other party is giving in exchange for the right to use your photo. The most common type of payment is financial compensation, but the other party can also offer to compensate for goods or services, which is okay as long as you both agree.
Notarizing this document isn't required. The only requirement is that both parties have to sign it and confirm that they agree with the terms. If you want to make your Release and Right to Use Image and Likeness more official, it may be a good idea to have an unbiased witness to sign as well.
Each party signing a Release and Right to Use Image and Likeness should obtain a copy of the document. This is an important document, and you should keep it, so you have proof that everything's legal if you ever need it.
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