Summary: This article explains what Model and Property Releases are, and when you will need one for your items uploaded to Envato.
If you know what you need or want to skip ahead, you can find more information by clicking on the other points below.
What are Model and Property Releases?
When do I need a model or property release?
Why do I need a Release?
What if I don’t have a Model or Property Release?
Sample Release Agreements
Examples of buildings requiring a Property Release
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 Photo and 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
Since, at this point in time Envato does not offer Editorial licenses, any image, likeness, or depiction uploaded to the PhotoDune site containing an easily recognized person or prominent, trademark protected property must have attached to it the correct release forms.
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 have recently updated our review process. If you upload an item without the proper release, your item will now be rejected.
For older items, we 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 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!). For images of private property — and particularly of objects that are closely identified with specific people — photographers are urged to get 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.
Below is a short list containing a number of internationally recognized buildings and monuments which demand a property release. This list is not exhaustive but is aimed at giving you insight into what may require a release. It is incumbent on you as the author to obtain a property release when required.
- British Royal Residences - (UK)
- Chrysler Building - allowed only in cityscapes including the Chrysler Building, as long as it is not the primary subject of the photo (New York, NY)
- CN Tower - allowed only in cityscapes including the CN Tower, as long as it is not the primary subject of the photo (Toronto, Canada)
- Eiffel Tower Lights - photos taken at night when the lights are aglow are subjected to copyright laws, and fees for the right to publish must be paid (Paris, France)
- Empire State Building - allowed only in cityscapes including the Empire State Building, as long as it is not the primary subject of the photo (New York, NY)
- Flatiron Building - allowed only in cityscapes including the Flatiron Building, as long as it is not the primary subject of the photo (New York, NY)
- The Getty, The Getty Center, & The J. Paul Getty Museum (Los Angeles, CA)
- The Gherkin - images of the building where it is the predominant aspect of the image may not be used commercially without a property release (London, UK)
- Graceland (Memphis, TN)
- Grauman's Chinese Theatre (Hollywood, CA)
- Hearst Castle and San Simeon State Historical Monument (San Simeon, CA)
- Hollywood Sign (Hollywood, CA)
- Hollywood Walk of Fame (Los Angeles, CA)
- London Eye Millennium Wheel - allowed only in cityscapes including the London Eye Millennium Wheel, as long as it is not the primary subject of the photo (London, UK)
- New Orleans Superdome (New Orleans, LA)
- Newport Mansions - details (Newport, RI)
- NY Stock Exchange - allowed only in cityscapes including the NY Stock Exchange, as long as it is not the primary subject of the photo (New York, NY)
- Rock and Roll Hall of Fame (Cleveland, OH)
- Rockefeller Center – all buildings and sculptures. Allowed only in cityscapes including the building, as long as it is not the primary subject of the photo
- Willis Tower - allowed only in cityscapes including the Transamerica Pyramid, as long as it is not the primary subject of the photo (Chicago, IL)
- Seattle Space Needle - allowed only in cityscapes when it is not the primary subject of the photo (Seattle, WA)
- Solomon R. Guggenheim Museum
- Sydney Opera House (Sydney, Australia)
- Universal Studios, including logos, images from theme parks, attractions, products, productions, movies, or characters.
- Disney Studios and theme parks, including logos, images from theme parks, attractions, products, productions, movies, or characters.