Model, property and location releases

A release is a written permission from a person or property owner that allows an image maker to capture and use their image, voice, property or location in defined ways. Releases are the everyday tool for clearing the privacy, personality and property issues covered in Lessons 7 and 8, and they are among the first documents that buyers, stock agencies, broadcasters and insurers ask for. This lesson explains when releases are needed, what they should contain, and how to manage them on shoots of every size.

PHOT-410 lesson 5 covers model and property releases briefly as part of a photographer's document flow, and PHOT-499 covers releases and community consent for a capstone project. This lesson goes deeper into the law and practice of releases for both photography and film.

What a release does

A release is a contract. The person signing it, the releasor, gives permission and usually promises not to sue for the uses described; the person receiving it, the releasee, often gives something in return, such as a fee, a copy of the work or simply the opportunity to appear. Because it is a contract, its scope is defined by its words: a release for editorial use does not cover advertising, and a release for one film does not cover a sequel unless it says so.

A release does not transfer copyright. A model who signs a release does not become an owner of the photograph, and the photographer does not gain ownership of anything belonging to the model. A release only removes the model's ability to object to the uses it describes. Similarly, a property release does not give a photographer rights in a sculpture on the property; that needs a copyright licence from the sculptor.

When a release is needed

Whether a release is legally required depends on the jurisdiction, the setting and, above all, the use. Even where the law does not require one, buyers and insurers often do.

In Quebec, because of the right to one's image (Lesson 7), producers and photographers obtain releases more routinely than elsewhere, including for editorial and artistic uses of featured people. In the other provinces, releases are legally essential for commercial uses and strongly advisable for documentaries, while crowd notices are commonly used for people in the background.

Model and appearance releases

A model release, called an appearance release or personal release in film and television, should identify the parties, describe the work and the uses, and state the consideration. Good releases are clear, specific where it matters and broad enough to cover future uses that the producer can foresee.

• Parties: the full name and contact details of the person, and the name of the producer or photographer and any company that will exploit the work.
• The work: the project, shoot or event, with a date and location.
• The rights: permission to photograph, film and record the person, and to use their name, likeness, voice and biographical information in the work and in its advertising and promotion.
• Media, territory and term: for maximum flexibility, all media now known or later devised, worldwide, in perpetuity; for narrower deals, the specific uses agreed.
• Editing and context: permission to edit, and an acknowledgement that the person may be portrayed in a way they do not like, without approval rights unless agreed.
• Waivers: a promise not to sue for privacy, publicity, defamation and similar claims arising from the authorized uses, and, in Canada, a waiver of moral rights in any contribution the person makes, such as a performance.
• Consideration: what the person receives, even if nominal.
• Signature and date, with a witness where helpful, and a parent's or guardian's signature for a minor.

Quebec's Civil Code allows a person to consent to use of their image, and courts interpret consent according to its terms and the circumstances. Releases used in Quebec should be available in French: the Charter of the French Language requires contracts of adhesion, such as standard-form releases, to be presented in French first, with an English version allowed only if the person expressly chooses it after seeing the French version. Producers working in Quebec should check current requirements, which were strengthened in 2022.

Releases for minors and vulnerable adults

A minor cannot be bound by most contracts in the same way as an adult, and may be able to disaffirm a contract made while a minor. Releases for minors are therefore signed by a parent or legal guardian, often together with the minor. For significant payments or long-term rights, some jurisdictions require court approval of a minor's entertainment contract so that the minor cannot later disaffirm it.

In Canada, rules on minors' contracts are provincial. British Columbia's Infants Act makes contracts with minors generally unenforceable against them unless specific conditions are met, such as court approval or confirmation after the age of majority. Ontario's Protecting Child Performers Act, 2015, regulates working conditions for child performers and requires a portion of their earnings to be held in trust in some cases. FILM-320 covers directing children.

For adults who may lack capacity to consent, such as some people with cognitive impairments, consent should come from a person with legal authority to give it, and productions should consider whether filming is appropriate at all. Ethical standards for documentary go beyond the law here, and PHOT-499 discusses community consent and Indigenous protocols.

Property releases and location agreements

Buildings, private property and recognizable possessions raise different issues from people. Owning property generally does not give the owner a right to stop others from photographing it from a public place, but the owner controls access to the property, and some property contains protected works such as sculptures or murals.

• A property release gives permission to photograph and use images of private property, such as the interior of a home, a distinctive car or a pet, and is commonly required by stock agencies for commercial licensing.
• A location agreement gives a production permission to enter and film on property for a set period, and sets out fees, access, use of utilities, parking, insurance, restoration of the property, indemnity and the right to depict the property in the film and its promotion, with or without its real name.
• Separate permission is needed for protected works on the property, such as murals, art and trademarks, which the property owner may not own.

The Canadian Copyright Act allows photographing and filming an architectural work, and sculptures and works of artistic craftsmanship permanently situated in a public place or building, without infringing. This covers exteriors seen from the street and public sculptures, but not paintings inside a building or temporary installations.

Crowds, events and notices

It is impractical to get individual releases from everyone who appears in a crowd at a concert, sports event or street scene. Productions instead use crowd notices or signs at entrances and around the filming area, stating that filming is taking place and that people who enter may appear in the work. Some events include filming consent in ticket terms. Posted notices are weaker than signed releases, because a court may find that a person did not see the sign or did not consent to the use made, so productions get signed releases from anyone who is featured: speaking, singled out by the camera, shown in close-up or portrayed in a sensitive way.

Getting and keeping releases

Releases are only useful if they are signed, legible, matched to the footage and kept. Many productions use digital release apps that capture a signature, a photograph of the person and the time and location, which makes matching easier. Paper releases should be photographed or scanned at the end of each day.

• Get the release before or at the time of filming, not weeks later, when people may have changed their minds.
• Photograph the person with their signed release or record a short verbal confirmation on camera, so the release can be matched to the footage.
• Use plain language and explain the release; a person who understood what they signed is less likely to dispute it.
• Log every release in the clearance log with its scope, so editors know which people can appear in which uses.
• Respect withdrawals where possible. A release usually cannot be revoked once relied on, but editorial and ethical judgment may favour honouring a request, especially for vulnerable people.

releases = {"R-001": "Ana Silva", "R-002": "Ben Okafor", "R-003": "Club manager"}
tagged = ["Ana Silva", "Ben Okafor", "Fan in red jacket", "Club manager", "Drummer"]
signed = set(releases.values())
missing = [p for p in tagged if p not in signed]
print("People needing a release or a decision:", missing)

People needing a release or a decision: ['Fan in red jacket', 'Drummer']

In the example, two people in the edit have no release. The producer must get releases, cut or blur them, or record a reasoned decision that no release is needed, for example because the drummer's performance is covered by a band agreement.