
As a startup or small business in South Africa, using photos and images is crucial for marketing, branding, and growing your online presence. However, many entrepreneurs are unaware of the legal risks involved in using photos without proper permissions. This is where a photographic release form comes into play. In this blog post, we’ll explore the importance of photographic releases and why every startup and SME in South Africa should use them.
What is a Photographic Release used for?
A photographic release is a legal document that grants permission to use a person’s image, likeness, or property in photographs or videos. By signing a release form, the subject of the photo or the owner of the property being photographed gives the photographer or the company the right to use the image for specific purposes, such as advertising, marketing, or publishing.
When do I need a Photographic Release?
You need a photographic release when you take photos or videos of people, places, or things that are not owned by you and plan to use those images for commercial purposes. This includes:
- Photos of people (models, employees, customers, etc.)
- Photos taken on private property (events, businesses, etc.)
What legal risk does a Photographic Release manage?
Without a photographic release, using someone’s image or property in your marketing materials can lead to legal issues, such as:
- Invasion of privacy claims
- Defamation or libel claims
- Copyright infringement claims
- Trademark infringement claims
A photographic release helps mitigate these risks by clearly stating the terms under which the image can be used.
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Why do you need a Photographic Release?
Using photographic releases offers several benefits for startups and SMEs:
- Protects your company from legal liability
- Ensures you have the necessary permissions to use the images
- Allows you to use the images for a wide range of purposes, as specified in the release
- Demonstrates professionalism and attention to legal details
Common pitfalls/ inclusions/ considerations to note when using a Photographic Release
When creating and using photographic releases, keep the following in mind:
- Use clear and specific language to define the permitted uses of the image
- Specify the duration of the release (e.g., perpetual, limited time)
- Ensure the release is signed by the appropriate person (e.g., the subject of the photo, the property owner)
- Be aware of any special considerations for minors or vulnerable individuals
- Keep the signed releases on file for future reference
Conclusion
In conclusion, photographic releases are an essential legal tool for startups and SMEs in South Africa. By using these releases, you can protect your company from legal risks while ensuring you have the necessary permissions to use photos and images for your marketing and advertising needs. If you’re unsure about creating or using photographic releases, consider consulting with a legal professional who specialises in this area.
Citations:
[1] https://legalese.co.za/the-importance-of-release-forms-for-startups-and-smes-in-south-africa/