The right to one's image is a right that allows every person to control the use of their image, whether it be a photograph, video, or digital recording . It is an aspect of the right to privacy, which is protected by law. Therefore, anyone wishing to use another person's image must obtain their prior written consent, under penalty of civil or criminal sanctions.

In this article, we will explain what image rights are, in which cases you need to request permission , how to write an image rights authorization template in Word or PDF , and what the consequences are in case of non-compliance with image rights.

What is the right to one's image?

The right to one's image is the right of every person to object to the recording, distribution, or reproduction of their image when it is recognizable. It is a personal right belonging to the person depicted in the image and is independent of copyright or ownership rights to the image medium.

The right to one's image concerns both natural persons and legal persons (companies, associations, etc.), as well as movable or immovable property that is associated with a person (for example, a car or a house).

The right to one's image applies in all fields: artistic , journalistic , advertising , commercial , educational , etc. It applies to both still images (photos) and moving images (videos).

The right to one's image is not absolute: it can be limited by other legitimate rights or interests, such as the right to information, freedom of expression, the right to parody or caricature, or the public interest.

When is it necessary to request image rights authorization?

You must request permission to use the image of a recognizable person. No permission is needed if the person is not identifiable (for example, if they are facing away from you or their face is blurred).

Permission must be requested before any use of the image: recording (shooting), distribution (publication on a website, a social network, a printed medium, etc.) or reproduction (printing, copying, etc.).

The authorization must be in writing and signed by the person concerned or by their legal representative if they are a minor or legally incapacitated. It must specify the terms of use of the image: the purpose , the medium , the duration , the territory , etc. It must also state that the person waives any compensation for the use of their image. The signature may be in the form of a digital signature if the document is transmitted electronically .

Authorization can be general or specific. General authorization allows the image to be used for any type of purpose without time or location limitations. Specific authorization image's use , for a given duration, and within a given territory.

Authorization can be revocable or irrevocable. Revocable authorization allows the individual to withdraw their consent at any time and demand the removal or destruction of their image. Irrevocable authorization prevents the individual from retracting their agreement and prohibits them from taking any legal action against the user of their image.

How to write a model release form in Word or PDF?

To draft a model release form in Word or PDF, certain rules must be followed:

• Use clear and precise language , without ambiguous or imprecise terms.
• Indicate the identity and contact details of the person who authorizes the use of their image (the assignor) and of the person who uses the image (the assignee).
• Describe the image in question ( photo, video, etc. ) and the context in which it was taken (event, place, date, etc.).
• Specify the terms of use of the image: the purpose (artistic, commercial, educational, etc.), the medium (paper, digital, etc.), the duration (unlimited or limited), the territory (global or restricted), etc.
• Mention that the person authorizes the use of their image without financial or other compensation.
• Mention that the person guarantees that they are not bound by an exclusive contract relating to the use of their image or name.
• Mention that the person agrees not to infringe on the privacy or reputation of the user of their image, and that they undertake not to use their image in a harmful or unlawful context.
• Mention that the person can revoke their authorization at any time or waive this right.
• Indicate the place and date of signature of the authorization, and have it signed by the person concerned or their legal representative.

Here is an example of a model release form in Word or PDF format :

I, the undersigned _________________ (name and surname), residing at _________________ (address), in accordance with the provisions relating to image rights, authorize _________________ (name and surname or company name) whose registered office is located at _________________ (address) and its technical service providers photographic shots , videos or digital recordings during the event _________________ (name of the event) which will take place on _________________ (date) at _________________ (place).

The images may be exploited and used directly by the assignee, in any form and on any medium, for an unlimited territory, without time limitation, in whole or in part and in particular: press , book , digital medium, exhibition , advertising , public screening, competition , website , social network .

The assignee expressly agrees not to use the images in any way that could infringe on my privacy or reputation, and not to use the images in any medium or for any harmful purpose.

I acknowledge that I have fully received my rights and I will not be entitled to any compensation for the exploitation of the rights referred to herein.

I guarantee that neither I, nor where applicable the person I represent, is bound by an exclusive contract relating to the use of my image or my name .

For any dispute arising from the interpretation or execution of these terms, express jurisdiction is conferred upon the French courts.

Done at _________________, on _________________ in duplicate.

Signature preceded by the words “Read and approved”

What are the consequences of not respecting image rights?

Failure to respect image rights can lead to civil or criminal penalties .

In civil law, a person whose image has been used without their consent can ask the judge for:

• The cessation of the distribution or reproduction of his image,
• The destruction or removal of the medium containing his image,
• The publication of a corrective statement,
• The awarding of damages for the harm suffered.

From a criminal law perspective, a person who has used another person's image without their consent can be prosecuted for:

• Violation of the right to privacy (Article 226-1 of the Penal Code);
• Violation of a minor's right to their image (Article 226-8 of the Penal Code);
• Infringement of an author's moral rights (Article L.121-1 of the Intellectual Property Code).

The penalties can be up to one year imprisonment and a fine of 45,000 euros.

How to protect oneself from violations of image rights?

To protect oneself from violations of image rights, it is advisable to:

• Check the terms of use of the websites , social networks or applications on which you publish or share your image,
• Configure the privacy and security options for your online accounts,
• Ask permission from the people you wish to photograph or film and respect their choices.
• Request the removal or modification of your image if it is used without your consent or in a harmful manner.
• File a complaint with the police or gendarmerie if your image is used for illegal purposes (harassment, identity theft, pornography, etc.);
• To take legal action in civil or criminal court to assert one's rights and obtain compensation.

FAQ: Frequently asked questions about image rights

Here are some frequently asked questions about image rights: