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Photo Video Recording Consent Form

By Recording Law Editorial TeamReviewed July 13, 202611 min read
Photo Video Recording Consent Form

Frequently Asked Questions

Do I need a photo or video release for news reporting?

Generally, no. California's publicity statute, like most other states' laws, exempts the use of a person's name, photograph, or likeness in connection with a news, public affairs, or sports broadcast or account, since that use is treated as newsworthy rather than commercial. A release is typically needed for advertising, marketing, or other promotional use, not for news coverage of a matter of public interest.

What is the difference between this consent form and a name and likeness licensing agreement?

This form is a simple, general-purpose release for one-time or occasional use where the person is not being paid. A name and likeness licensing agreement is a more detailed contract used when someone's name or image will be used commercially on an ongoing basis in exchange for compensation, and it typically spells out payment terms, exclusivity, and duration in more detail.

Does a photo and video consent form need to be notarized?

Generally, no. A signed consent form is valid once signed by the person giving consent (or their parent or guardian, if a minor) and does not require notarization in most states. Some organizations choose to have signatures witnessed for extra evidentiary security, but this is optional unless a specific policy requires it.

Can someone revoke consent after signing the form?

It depends on how the form is written. The template on this page states that consent is given in perpetuity and does not require further approval, which is a common approach in general-purpose releases. If you want the person to be able to withdraw consent later, that needs to be stated explicitly in the form, since a release silent on revocation is generally treated as permanent.

Do I need a parent or guardian's signature for a minor?

Yes. If the person being photographed or recorded is under 18, a parent or legal guardian should sign the release on the minor's behalf. New York's privacy statute, for example, expressly requires the written consent of a minor's parent or guardian before the minor's name, portrait, or likeness may be used for advertising or trade purposes.

What happens if someone's photo or video is used without consent?

It can expose the person or organization who used it to a legal claim under the applicable state's right of publicity or privacy law. New York's Civil Rights Law, for example, makes unauthorized commercial use of a person's name, portrait, or voice a misdemeanor and lets the person sue for an injunction and damages. California's Civil Code 3344 similarly allows the person whose likeness was used to recover damages. Recording Law does not provide legal advice; consult an attorney licensed in your state for advice about your specific situation.

Updates

Fixed three links that were stripped down to bare, unclickable URLs by an old WordPress migration bug: one internal link to the name and likeness licensing agreement, and a duplicated link to a Microsoft Word template download. Removed that dead Word download entirely (the file no longer exists on the site) since the template text is already reproduced in full on the page. Removed a leftover 'Our forms are free and always will be' promotional line, a remnant of the competing document-builder affiliate pattern found and removed on sibling forms pages. Fixed a broken blank field in the release template where the organization's name had been stripped out. Reformatted the signature block into clear, labeled lines and added a dedicated parent or guardian signature line for minors. Corrected the page's category from Recording Laws to Legal Information to match sibling forms pages. Added sections explaining the right of publicity, when consent is and is not required, and consent for minors, each with citations to California Civil Code 3344, New York Civil Rights Law 50 and 51, and California Family Code 6710. Added Key Takeaways, a related forms cross-link list, and a new FAQ section.

Sources and References

  1. Cornell Law School, Wex: Right of Publicity(law.cornell.edu)
  2. California Legislative Information: Civil Code Section 3344(leginfo.legislature.ca.gov).gov
  3. New York State Senate: Civil Rights Law Section 50, Right of Privacy(nysenate.gov).gov
  4. California Legislative Information: Family Code Section 6710, Disaffirmance of Contracts(leginfo.legislature.ca.gov).gov
  5. American Bar Association: Find Legal Help(americanbar.org)
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