The emergence of social media and the ability to take photos and videos with our smartphones has created opportunities for amateurs and professionals to take and post photos and videos almost anywhere. Most consumers do not consider asking their subjects to fill in a photography consent form; however, professionals understand the need and frequently make these requests in specific situations.
Everyone has different ideas about their image being used in a public forum. Some consumers are not concerned, while others demand their photographic images should not appear on websites or social media sites without their consent. In this post, we discuss what a photography consent form is, when you may need to request consent from one of your subjects, and the different types of consent. In addition, photography consent in practice or real-life situations and what implied consent means are reviewed.
What Is a Photography Consent?
Consumers have the right to make decisions about their bodies, the treatments they receive, examinations, or joining groups. It is considered wrong for someone to try and force us to do something that would violate this right. If a consumer gives consent to a doctor to perform a medical examination, it is relatively straightforward to understand.
However, photographic consent is somewhat more complex. Taking someone’s picture does not involve a physical violation of their person. However, taking someone’s picture without their consent does violate their right to privacy and how they are perceived by anyone viewing the image or video.
Photographers on movie set routinely ask for consent forms to be signed by extras. It is part of the contract indicating that the person filling in as an extra will release all images to the photographer or the movie company. Many theater stages show explicitly deny consent to photographs being taken while the performers are on the stage. Street performers may or may not want their photograph taken, and they may react in annoyance or request a fee for the service.
Taking random pictures of people on the street may also cause annoyance, an angry expression, or a request to desist from taking photographs.
Professional photographers and social media influencers must keep in mind how the photograph will be used and where it will be published. Public displays of images with various people in them should be covered by a consent form.
What Is a Photography Consent Form?
A photography consent form is a document; subjects are requested to sign indicating their consent to the photographs being taken and/or being used in a public forum. In effect, the subject is transferring the rights to the image with specified restrictions to the photographer.
A typical consent form is as follows:
Name of The Person Photographed
[Full Name of subject]
Email: [email of subject]
Phone number: [Phone number of subject]
Address: [full address including street, city, state, ZIP code]
Name of the Recipient
[Full Name of recipient]
Email: [email of recipient]
Phone number: [Phone number]
Address: [full address including street, city, state, ZIP code]
Planned Use of the Photos: [Describe how and where the photos will be used]
Describe the Images: [include file numbers, image information, and other identifying details]
Years Consent is Granted: [years]
Copyright Ownership: {Pick One} [Remains with the owner] [Transfer to the recipient]
I [subjects name] give permission and consent to release the use of the photograph(s) or electronic media images as identified above for publication under any legal use.
I [subjects name] understand that the photos may be displayed on the website managed or owned by the recipient and other publications or broadcasts.
The photos, images, and video shall be limited to use for [State limitation] and will not be used for any other purposes.
Personal details (such as postal addresses or telephone numbers) are not published on our website, printed advertising materials, and/or other marketing/promotional materials.
Signature [Subjects signature]
Printed Name: [Printed name]
Date: [Date]
Essential Elements of a Photography Consent Form
Six main elements should be captured and addressed in a photography consent form.
- Owner of the photo content
- Content transferring to the recipient
- Limitations on the use of the photo content
- Term
- Copyright
- Signature
Owner of the photo content – this is typically the person to be photographed or the subject of the video shoot. They should be identified, i.e., name, address, and contact information.
Content transferring to the recipient – this is typically the photographer or the person/company the photographer is working for. This person or company will have the right to use the images in the manner agreed to in the consent form
Limitations on the use of the photo content – specify when and where the images can be used. For example, social media sites, company websites, advertising material, etc., sometimes it is easier to specify where you do not want the content displayed.
Term – the length of time in months or years that the rights to use the content are being approved.
Copyright – if applicable, copyright or ownership of the images may be transferred to the recipient.
Signature – of the subject approving the copyright transfer or the right to use the images with specified limitations.
When do you need to ask for Photography Consent?
Laws concerning copyright and image ownership, who you can photograph, and where vary from country to country. Always check local legal requirements before embarking on trips to foreign countries.
In general terms:
- It is legal without asking subjects to take photographs in and from a public space. You may also publish images taken under these circumstances.
- Photographs taken in private require consent
- Ethical considerations must also be considered, i.e., pictures of children or someone leaving a restaurant or bar may be allowed but considered unethical by many, including the subjects of the photos
- Marketing and selling images and photos require consent from the person in the photo.
Photography Consent in Practice
Consumer attitudes vary from region to region within a country as well as between countries. Many people are very private and want to remain private. They do not want to see their image splashed across blogs and websites.
If they suspect there is money to be made, or if you plan to publish the photos, it is always better to obtain their consent before the photos are taken to avoid any difficulty.
Weddings and public gatherings often follow the rule that consent is assumed. The images are intended for personal use and are not displayed on public sites. If the images are to be displayed on a public website and used for marketing purposes and sales, formal consent should be considered.
Awareness of the local laws, respecting your subjects, and obtaining photography consent will ensure that unpleasant confrontations are avoided.
Implied consent
Implied consent suggests that if a person is attending a public event or a private one, such as a wedding, the guests implicitly consent to their pictures being taken. Photographing guests is generally considered ok unless they ask not to be photographed.
Photographers should note that implied consent does not include the publication of the images on a website where the general population can view them. Explicit consent should be obtained before they are displayed on public forums.
FAQs
The following are some of the most frequently asked questions by many readers
The laws are complex regarding posting a picture of someone without consent. First, check the local laws in your state or country to confirm legal restrictions. In general, if a picture was taken in a public place, where privacy is not anticipated or expected and the image is not being used commercially, permission to post the picture is not required.
It is not legal to post an image that was taken in private. It is also not legal to post images of children, and the images cannot be used in marketing and sales material. Images that are used commercially must have the consent of the individuals in the photos, provided they were taken legally and there is clear copyright ownership established through signed consent forms.
The simplest approach is to just ask them if it is ok to take their photograph. Many people will be thrilled, provided it is in good taste and does not invade their private space. Some people will request an explanation regarding how the images will be used, the websites or businesses represented, and request a business card.
There are several ways to photograph strangers without requiring consent and still create great content that speaks to the viewer:
ᐅ Take pictures from behind to avoid identification of the subject.
ᐅ Subjects form a small part of the total image and cannot be easily identified
ᐅ Silhouettes of people with distracting photographic elements
ᐅ Subjects are far away and form a small part of the total image
ᐅ A long exposure creates images of people in motion, making them unidentifiable
ᐅ People photographed in shadows with the centerpiece of the image illuminated
Not all street photographers ask for permission before taking photographs of people. Generally speaking, they need to follow local laws and determine if there is an expectation of privacy in a public place. In most states, there is no expectation of privacy in public places.
Local laws are being reviewed due to the many examples where professional and amateur photographers have caught people in embarrassing moments in public places. Going to the grocery store when you are not looking your best and being caught on camera, while legal, is not appreciated by the subject even though they were in a public place.
Key Points
The laws concerning the photographing of individuals in public and private places for private use, marketing, sales, and financial gain are complex and vary by state and by country.
In general, if the photograph will be used for publication online or in traditional media for financial gain, photographers must request the subject to complete a photography consent form.
The form indicates that the recipient is acquiring the consent of the subject or the owner of the image to use these images for their financial gain.
The consenting party must fill in and complete the consent form providing details about the photos, how long the consent will be in force, and any limitations that may be required. The consenting party must date and sign the consent form for the transfer of use of the images as well as in copyright transfer.
Wedding pictures are an example of implied consent since it is understood that attendees to the wedding will be the subject of many photos. However, if the photographer were to use these photos on his or her website, they must first obtain the consent of the subjects before they can post these images online or use them for other marketing activities.
