Model Release Agreement (Image/Likeness Release)

Overview

A model release (also called an image or likeness release) is a written authorization from a person appearing in a photo, video, or other recording, permitting a photographer, brand, or other party to use their image or likeness for specified purposes — commonly commercial, editorial, or promotional use. Right of publicity is state law, not federal law: unlike copyright (a federal, uniform body of law), the right of publicity — a person's legal interest in controlling the commercial use of their name, image, likeness, and other identifying attributes — is governed entirely by state law in the US, and it varies enormously from state to state. Some states have strong statutory protections: California's right of publicity (Cal. Civ. Code section 3344) is broad, covers unauthorized commercial use of name, voice, signature, photograph, or likeness, provides for statutory damages, and — unusually — survives the person's death for a period (it is descendible to heirs). New York has its own statutory framework (N.Y. Civil Rights Law sections 50-51) which historically focused on "name, portrait, or picture" but has been expanded by amendment to address digital replicas. Other states recognize the right primarily through common law (with less predictable scope), and some states have comparatively weak or minimal protection. Because of this patchwork, this document should not simply say "right of publicity" and assume a single national rule applies — it should identify a governing_state and reflect that state's specific framework, and the scope of the release (especially for uses in multiple states or nationwide campaigns) should be reviewed against the laws of every state where the content will be used commercially, not just where it was filmed. Commercial vs. editorial use: the required level of consent differs by use case. Purely editorial or newsworthy use of someone's image (news reporting, documentary, commentary) generally receives First Amendment protection and may not require a release at all in many circumstances. Commercial use — using someone's image to advertise, endorse, or sell a product or service — is where a release is most clearly needed, and where the absence of one, or a defectively scoped one, creates the greatest legal exposure. This template is oriented toward commercial/promotional use, where consent should be obtained in writing before the image is used. Key terms this release should cover: the specific media or footage covered (a particular shoot/date, or ongoing content); the scope of permitted use (advertising, website, social media, print, broadcast, specific campaigns) — a release limited to one campaign does not automatically extend to unrelated future use; duration (perpetual vs. time-limited); territory (the release should specify whether use is limited to the US or worldwide, especially relevant for digital/social content that is inherently global); compensation, if any; whether the subject may revoke consent and under what circumstances; and, for a minor, that a parent or legal guardian must sign on the minor's behalf, since minors generally cannot themselves consent to binding commercial use of their likeness. When to use it: any commercial photo or video shoot, testimonial, advertising campaign, or marketing content that features an identifiable person — employee, customer, actor, or member of the public. Common pitfalls: assuming a release signed for one campaign covers all future use; failing to obtain a parent/guardian signature for a minor; and treating right of publicity as a single national rule when it is, in fact, state-specific and can differ meaningfully depending on where the subject resides or where the content is used.