Releases for Advertising and Promotion

Using names and photos of people in advertising, product publicity, and promo­tions requires special handling and extra legal attention. These situations are not the same as the "implied consent" that is given when someone poses for a news story in the organization's employee magazine or newsletter.

The courts have consistently ruled that a person's right of privacy is violated when photos or names of individuals are published without prior written consent for commer­cial purposes or purposes of trade.

This situation reinforces the point that everyone whose picture, quote, or name is being used in an advertisement or a sales brochure must give explicit written consent. Courts have also ruled that product news releases are primarily for "purposes of trade" and are covered under many of the same guidelines applied to advertising.

In addition to a signed consent form, individuals are usually offered a cash pay­ment. If the person is prominent, the fee may be large, perhaps thousands of dollars. Celebrities and professional models, who are often used in advertisements, usually have agents who negotiate substantial fees.

Signed consent forms and releases usually cover a specified period of time that the person's name or photo image can be used — as little as only six months or as long as ten years. In the case of employees, it's always wise to have materials dated.

Consent forms for advertising can be complex. For most public relations purposes, however, a simple release will probably suffice, and pads of standard photo release can be purchased at camera stores. Your legal counsel may be able to provide forms tai­lored to your organization.

You do not need a release when the photo records a public event and a consider­able number of people are involved. But if that picture is later used for promotional purposes and individuals are identifiable, you should have releases.