Photo release document pack

Two laws decide whether you can use a photo: copyright (the photographer's) and right of publicity (the subject's). A signed release is how you handle the second one without later getting a cease-and-desist.

Who this pack is for

You're a photographer, marketer, content creator, or small business owner who took or commissioned photos of an identifiable person and wants to use those photos commercially — on a website, in marketing, on social media, in a portfolio, on packaging, or in editorial work being sold. The subject of the photo is an adult who can sign for themselves. You want a release that's broad enough to cover the actual uses you have planned, narrow enough that the subject will sign it, and specific enough that a court would enforce it. The pack drafts a release that satisfies the right-of-publicity laws in every state plus the copyright-license elements that protect a commercial use.

When to use it

Get the release signed before the shoot or immediately after, while the subject is on set. Releases signed days or weeks later are valid but harder to obtain — people change their minds, become unreachable, or remember the shoot differently. If the use is editorial only (newsworthy reporting, documentary, news commentary), you generally do not need a release because the First Amendment covers it; releases are for commercial uses (advertising, endorsement, merchandise). Trade-show photos, conference talks, public events: the people in the audience usually do not require individual releases, but the speaker on stage usually does if you're going to use them in marketing.

What it doesn't cover

This release is for adult subjects who can sign for themselves. It does not cover minors — for anyone under 18, you need a release signed by a parent or legal guardian, with additional state-specific protections in some jurisdictions (California Coogan accounts for minors in entertainment work, for example, are a separate compliance question). It does not cover trademarks visible in the photo (logos, brand-marked products) — those need their own clearance from the trademark owner. It does not cover music, voice, or other intellectual property captured in the same shoot; if you also recorded audio of the subject, draft a separate audio release. And it does not waive the photographer's copyright — that's between you and the photographer, often a separate work-for-hire or copyright assignment agreement (Pike has both).

State-specific notes

Rules vary by jurisdiction. Below are notes for the states where photo release runs into the most variance. If your state isn't listed, default to your state's tenant-rights handbook or local legal aid.

California (CA)

California has one of the strongest right-of-publicity statutes (Cal. Civ. Code § 3344). It protects 'name, voice, signature, photograph, or likeness' from commercial use without consent and provides statutory damages of $750 minimum or actual damages, plus attorney fees. California also has a separate post-mortem right of publicity (Cal. Civ. Code § 3344.1) lasting 70 years after death — relevant if a subject is using the likeness of a deceased person.

Cal. Civ. Code § 3344 →Cal. Civ. Code § 3344.1 (post-mortem) →

New York (NY)

New York's right of privacy/publicity is statutory (NY Civ. Rights Law §§ 50–51). It strictly requires written consent for commercial use of a person's name, portrait, or picture, and does not recognize a common-law right of publicity outside the statute. NY's law is uniquely strict on what counts as 'commercial' — even a single use without consent can support an injunction.

N.Y. Civ. Rights Law § 50 →N.Y. Civ. Rights Law § 51 →

Texas (TX)

Texas has a statutory post-mortem right of publicity (Tex. Prop. Code Ch. 26) lasting 50 years after death, but its living-person right is governed by common law. Written consent is the safe path; verbal or implied consent is risky.

Tex. Prop. Code Ch. 26 →

Tennessee (TN)

Tennessee was the first state to pass a post-mortem right-of-publicity statute (Tenn. Code § 47-25-1101–1108), originally aimed at protecting Elvis Presley's estate. The law is broad and has been amended through 2024 to address AI-generated likenesses, making written releases even more important for any use that might produce derivative or AI-trained works.

Tenn. Code Ann. § 47-25-1101 (Personal Rights Protection Act) →

Florida (FL)

Florida has a statutory right of publicity (Fla. Stat. § 540.08) that requires written consent for commercial use. Florida's standard is broad — covers any 'name, portrait, photograph, or likeness' used in advertising or trade — and applies post-mortem for 40 years.

Fla. Stat. § 540.08 →

Common questions

What's the difference between a photo release and a model release?

Mostly terminology. 'Photo release' is the broader, more common term and is appropriate for any subject of a photo. 'Model release' is industry-standard for paid talent in commercial production and tends to include language about modeling fees, exclusivity, and call-of-the-shoot. Pike has both — use the photo release for general subjects (a customer, an employee, a person on the street) and the model release for paid talent in a structured shoot.

What does 'commercial use' actually mean?

Anything that promotes a product, service, or brand. Marketing emails, website hero images, social media campaigns, paid ads, packaging, merchandise, point-of-sale displays. The grey zones: editorial uses inside a publication that runs ads (mostly fine — the editorial content itself isn't commercial), portfolio uses (mostly fine — but if your portfolio drives client acquisition, get a release anyway), AI training data (increasingly being treated as commercial — get a release that explicitly mentions AI/derivative works).

Is verbal consent enough?

For free editorial use of an adult who clearly understood the situation, sometimes — but it's a fight you don't want. Several states (NY, IN, TN) require written consent by statute for commercial use. The cost of a one-page signed release is essentially zero; the cost of defending an unauthorized-use claim is months of legal fees and a possible injunction. Get it in writing.

How long does the release last?

Pike's release grants a perpetual, irrevocable license — the subject cannot revoke later. Some subjects negotiate for limited-term releases (one year, three years, project-specific). Limited-term releases are valid but require you to track expiration and either re-license or pull the content. For most uses, perpetual is the right call.

What if I'm posting to social media?

Social media is commercial use if you're a business or brand. For personal accounts that aren't promoting a business, you generally don't need a release for incidental photos of friends, but you do need one if the photo is being used to promote anything you sell. Influencer accounts that monetize through sponsorships or affiliate links are commercial — get releases.

What about photos of people in public places?

First Amendment generally protects taking photos in public spaces, but that doesn't translate into commercial use rights. You can shoot a crowd at a public square; you cannot use a recognizable person's face from that crowd in an ad without their consent in most states. The release shifts a public-place photo from 'editorial' (allowed without release) to 'commercial' (requires release).

What about AI training data?

This area is rapidly evolving — California's AB 2602 (effective 2025) and Tennessee's ELVIS Act (2024) impose specific consent requirements for AI training and synthetic likenesses. Pike's release includes broad license language ('successors, assigns, sublicensable, derivative works') that covers most current AI-training scenarios, but state statutes are tightening. If your specific use case is training a generative model on the subject's likeness, get an attorney review and consider a more specific addendum.

Pike provides plain-language legal information, not legal advice. State and local rules change. If money, custody, or your housing is on the line, talk to a licensed attorney or your local legal aid office.