Is a blanket photo release possible?

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After getting stuck not being able to use a lot of our old photos due to not having photo releases, we are trying to be proactive for the future. My question (I hope) is simple. Can we have a blanket photo release that multiple people sign and have one signed for each event where photos are taken? Or do we need an individual photo release for each subject? I'd like to set it up so our future events all have a "sign-in" sheet where members also agree to the photo release, but it would be ideal if we could just have one page with multiple signatures versus an individual release for each person. Will this work?

Attorney Answers

7
Rhett V. BarneyTrademark Infringement AttorneySpokane, WA ·
The best answer to this question will depend on 1. who you are taking photos of and 2. what you plan to do with the photos. If you are taking photos of models at a modeling event, then a blanket release or "sign in" will not be sufficient. Similarly, if you are hoping to monetize the photos, then you'll need to ensure that the people signing the release are aware of this intention. On the other hand, if you are taking photos of a family reunion and are going to post those photos to a family website, then the "sign-in" release may be sufficient. Ask yourself this question, "What is worse, getting sued and not being able to use my photos as I had hoped, or taking the extra time to have someone sign a release tailored to a specific event?" There really is no substitute to preventative legal work. For that reason, I recommend talking with a copyright/publicity rights lawyer about the specifics of your situation. (S)he can tell you if a blanket release is sufficient. Good luck!
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Ivan Jose ParronEntertainment LawyerMiami, FL ·
You should be able to have a single release document with multiple signatures, by signing it the signatory is agreeing to by bound by the terms under the principals of contract law. But to be on the safe side you should also have them include their name and telephone so that there is no doubt who it is. Another option that I have assisted other clients in setting up is an ipad program with a digital release that allows each person to sign off with their finger then take a photo to associate the person with each signature. I would suggest that you have an entertainment attorney draft the release.
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Gregg Zegarelli ·
Yes. But, the twists are not in the theory. You can have one release to apply to a variety of works, past, present and future. The key to answering your question is to help your awareness of "scope" and tight drafting issues. A release needs to be drafted in a manner to prevent oral future modifications, integrating prior or contemporaneous communication, ensure the rights are worldwide (or even throughout the universe), applicable to all media forms, permit you to modify the photo, control distribution in all forms, no (further) compensation, etc. Assume the person in the picture will later say, "but I thought the release only applied to x," and x is the most limited form of use arguable, and the use you will have probably exceeded. Releases deal in complex intersecting areas of copyright law, privacy law, entertainment law, commercial law, endorsement law, etc. Before they are stars they will sign it, and after they are stars, they will challenge it. Be careful. It could be very valuable to you later. Google something like "draft photography release." See an attorney who practices in the applicable areas of law.
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Alonzo Alston ·
Yes, you can have a blanket photo release for event attendees. You can post signs at the venue and messaging on the ticketing portion of the website, abd the ticket itself with language that attending the event gives the company the right to photograph and/or video. It can be done in an unobtrusive, but obvious ways to give clear notice. This is not legal advice or an ad for legal services. Please seek the counsel of a licensed attorney in your state. If you have any more questions feel free to contact Attorney Alston of McAlpine PLLC at 704.287.6160 or email [email protected] .
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Molly Hansen ·
I am sorry to hear that you don't think you can use the historic photos. I know that we advised you about implied consent, and the situations that would give rise to such consent. And, while you would need your own counsel to advise you, I suspect that you would be fine using the photos in the manner that you described in your prior post. That being said, YES, you can have an entertainment attorney prepare a form that you can use as a sign-in for future events; however, in my experience, that is not the standard practice for non-profit events. In Southern California, I believe most non-profit organizations rely on a sign at the entrance and/or a notice on the tickets and/or invitations (as Mr. Alston has suggested), which is sometimes (but not always) followed-up by an announcement at the start of the event that advises people they should let an organization representative know if they don't want their picture to be used. Then, the organization keeps a sample ticket and/or invite that contains the notices, and makes sure that the videographer and/or photographer for the event takes a photo of the sign at the entrance both before and after the event, and if there is an announcement, that it is recorded. In Los Angeles, if you ask people to actually stop and sign a legal release at the door of an event, you are going to have a lot of unhappy customers, and likely spoil the event. So, if these are member only events, I would strongly suggest that you make the release part of your membership application package. Then, you just have to worry about guest speakers and other special guests. As I mentioned in response to your prior post, you also need to: (i) make sure that your intellectual property attorney makes your non-profit counsel aware of any intellectual property rights your organization is going to claim, if any, in event photos and/or videos; and (ii) make sure that you obtain the rights you need from the photographers and videographers that you hire to cover the events. Good luck to you!
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Bruce Burdick ·
A copyright or entertainment lawyer can prepare a suitable release that will serve as a blanket release, but the cost of the legal fees for that will be proportional to the complexity needed to cover the carried situations you sell to cover with the agreement. A blanket release is not a form you can find our something you can do yourself well. You need to either use separate forms tailored to the situations or have a very complex form prepared for you by an attorney.
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Shara Kamal ·
Photographers can reproduce and sell copies of photos of people in publicly viewable situations like street fairs. Newspapers and websites can reproduce those images if the pictures are used for "informational" purposes. But an advertiser can't use the same images of people to sell products or services if the person in the ad is clearly recognizable. That's because the advertising use implies that the person endorses or is somehow associated with the product. A blanket release permits any use of the photographic image of the person signing the release and is suitable if the company or photographer needs an unlimited right to use the image. Stock photographers who sell their photos for unlimited purposes commonly use blanket releases. Can you use a blanket release? Posting a sign may help your claim and it could be sufficient to use the photos to promote the event. But it probably doesn't meet the standards of a model release contract required for most commercial advertising uses. That's because the event participant doesn't really have an opportunity to assent to or to reject the release (something that is much easier to do if people have to pay for the tickets). Your present opt-out is for the participant to tell the photographer, 'No.' But what if the participant isn't paying attention when the photo is taken and doesn't notice the photographer? My suggestion is that if you take a photo and feel certain it would make for a good commercial use, use a short business card-sized release.
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