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Model and Property Release Policy

Updated

Summary: This article explains what Model and Property Releases are, and when you will need one for your items uploaded to Envato.

Hint: If you are a photos author using the Portfolio Manager, you no longer need to upload Release Forms. You still need to have obtained a Release Form when necessary, and will need to confirm this during upload. To find out more about Release Forms in Portfolio Manager, please check out this helpful article.

If you know what you need or want to skip ahead, you can find more information by clicking on the other points in the contents list on the right.

 

What are Model and Property Releases?

A model release is a legal release signed by the subject of a photograph or video or other image granting permission to use or publish the subject in one form or another.

A property release is a legal release signed by the owner of property used in a photograph or video or other image granting permission to use or publish the subject in one form or another.

A list of internationally recognized buildings requiring a property release can be found at the end of this article. This list is not exhaustive and is intended to provide guidance on the types of property that cannot be depicted in an item without a property release.

When do I need a model or property release?

  • When uploading footage, images or photographs that depict recognizable human beings you must obtain and retain a signed model release form.
    • You must also retain a copy of a photo ID for the model so that the signature on the model release form can be verified.
    • You need to obtain and upload a release for each recognizable person in the footage or image.
  • When uploading items that depict identifiable buildings you must obtain and retain a signed property release form.

When uploading footage or images that depict recognizable human beings or identifiable property, you must attach a signed release form.

How do I upload my model or property release?

The appropriate model or property release can be uploaded via FTP or directly in the web uploader tools. 

To upload releases for Video content:

  • Only PDF, JPG or PNG files are accepted.
  • For FTP uploads, releases should be uploaded into a “releases” directory. 
  • Do not include CSV, ZIP or any other file types.

Why do I need a Release?

Commercial vs Editorial Use

Envato does not offer Editorial licenses, therefore you must have obtained the correct release forms for any image, footage, likeness, or depiction uploaded to Envato that contains an easily recognized person or prominent, trademark protected property.

Commercial Use: Commercial use includes advertising, sponsorship, endorsement or any other commercial context of use. The placement does not need to be paid-for or seeking paid customers. Wholesale, retail, and professional uses of photography would fall under this definition. The commercial photographic world could include: Advertising photography - photographs made to illustrate and usually sell a service or product. These images are generally done with an advertising agency, design firm or with an in-house corporate design team.

Editorial Use: when an image is used in conjunction with, and to illustrate, a news related story or any non-commercial text demanding imagery. Examples include editorial articles in magazines, blogs, newspapers and newsletters

What if I don’t have a Model or Property Release?

If you are the author of an item containing an image or footage of a recognizable human being or identifiable property, then you cannot upload it to Envato unless you have obtained an appropriate signed release.

We may undertake ongoing checks on Envato Market and Envato Elements. If we discover items on Envato Market or Envato Elements that are not properly released, the author and their items may be temporarily or permanently disabled.

Without a proper release, you’re at serious risk of liability in the event that a person depicted in your item (or an owner of property depicted in your item) takes action against you.

You have also made us a promise in the Author Terms for Envato Market and for Envato Elements that you have appropriate model or property releases for all items.

Do not submit photographs with blacked out, pixelated, or blurred details/faces.
Keep in mind elements such as license plates, registration numbers, signatures, name tags, addresses, tattoos, etc. may all result in determining a subject as recognizable and identifiable.

Sample Release Agreements

It is your responsibility to ensure you use the correct legal arrangements and consents for your projects, and that they protect both yourself and models you work with or the owner of any private property used, including in relation to applicable privacy and personal data laws. However, we do have several standard release templates that you may choose to use a guide. You will need to check that the releases you obtain are enforceable and broad enough to cover the use of items as contemplated by our licenses.

  • Adult Release (PDF) - This is the form most commonly referred to as a "model release". The language of this release is intended for use by models over the age of 18.
  • Minor Release – Minor (PDF) -This variant of the model release contains language referring to the model (who is a minor) in the third-person, and required signature by a parent or other legal guardian of the model. A release which is not signed by a parent or guardian affords no legal protection to the publisher.
  • Property Release (PDF) - If you are including the depiction of recognizable private property on video, photograph, or a traced illustration, you will need a signed location release from the property owner.

Examples of buildings requiring a Property Release

Authors generally do not need one for public property, such as government buildings (although you may run into problems just from photographing/videoing them, for security reasons!). However, you should always check before assuming you don't need a release. For images of private property or commercially owned property (such as iconic buildings) — and particularly of objects that are closely identified with specific people — you will need to obtain a release.

Most animals in zoos are the property of the zoo and usually cannot be used for commercial purposes without the consent of the zoo.

Architectural Designs: Exteriors and Interiors

The buildings below are examples of places that require a valid property release if they take up a large portion of the frame. If you do not have a property release they cannot be submitted to Envato. Remember, this list is not exhaustive and you should always check the relevant property website or online before submitting to Envato.

Prohibited

The bridges and exteriors and interiors of the buildings below are prohibited and cannot be submitted to Envato. Remember, this list is not exhaustive and you should always check the relevant property website or online before submitting to Envato.

Private Land

The grounds of the following properties require a valid property release.

Prohibited

The grounds of the following properties are prohibited and cannot be submitted. Remember, this list is not exhaustive and you should always check the relevant property website or online to understand your rights.

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