Do I need a photo release for event photos?

You hold an open house, a class, a tour or a company event. Someone takes photos. A week later the pictures are good enough for the website, a flyer or an ad. Do you need permission from the people in them?

The answer turns on how you use the picture and where you are. Rights over a person's name and image are set by each state, and the rules differ. This guide uses one state's statute as an example, then gives a plain checklist that works anywhere.

What does California's section 3344 say?

California Civil Code section 3344 says a person who knowingly uses another's name, voice, signature, photograph or likeness, on or in products, merchandise or goods, or for advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without that person's prior consent, is liable for damages. For a minor, the prior consent must come from their parent or legal guardian.

The damages are the greater of $750 or the actual damages, plus profits from the unauthorized use. Punitive damages may also be awarded, and the winning party is entitled to attorney fees and costs. This is one state's rule. Other states have different ones, and some differ a lot.

Is editorial use different from marketing use?

Yes, in that statute. Section 3344(d) says a use in connection with any news, public affairs or sports broadcast or account, or any political campaign, is not a use for which consent is required. An advertisement, a product page or a flyer that sells something is a different kind of use. In practice, a photo in a recap of a public event is not the same as the same photo in an ad for next year's ticket sales.

The line can be fine. Section 3344(e) says a use is not covered just because the material is commercially sponsored or has paid advertising. It becomes a question of fact whether the use was directly connected with the sponsorship or ad. If you are unsure which side a use falls on, get consent.

What about photos of a crowd?

The statute treats a person who appears only as a member of a definable group differently from a person who is singled out. Its examples include a crowd at a sporting event, a crowd in a street or public building, an audience at a theatrical production and a glee club. A person shown only because they were present when the picture was taken, and not singled out in any way, is treated as part of the group.

A close-up of one face used in an ad is not a crowd shot. That is why many organizations ask for a release from anyone who is likely to be featured.

What about children?

Section 3344 asks for the prior consent of a parent or legal guardian where the person is a minor. Collect the adult's name, their relationship and a statement that they have the authority to sign. For the related question of waivers, see Can a parent sign a waiver for a child?

What should a photo release include?

This checklist is good practice for any state, not a legal requirement:

• The name of the person, or of the guardian and each child.
• A separate yes or no for each use: internal, editorial and marketing. A blank counts as no.
• What is covered: photos, video, sound and digital media.
• Where and for how long the media may be used.
• Whether any payment is involved.
• How to withdraw permission for future uses.
• A date, a signature and a copy for the signer.

What if someone does not want to be photographed?

Make it easy to say no, and respect it. A sign at the entrance, a note on the invitation and a sticker or colored lanyard for people who opt out all help the photographer know who to leave out. If someone asks you to take down a picture, do it promptly and keep a note of the request. These are good habits in any state, whatever the statute says.

How do I collect releases at an event?

Ask at the door, before any photos are taken, and keep each release with the date. A table or a tablet by the entrance works well, with a clear sign saying what the photos may be used for. Make sure the person who signs is the person who will be in the picture, or their guardian. Attendees can fill in and sign a PDF on a phone with Fill and Sign PDF, and Sign PDF places a signature on a file you already have. Our photo release form has a separate yes or no for each use and a guardian section. Whether a screen signature counts is covered in Is a signature on an iPad legally binding?

Sources

• California Civil Code section 3344, as published by California.Public.Law, read October 30, 2026. The legislature's own site (leginfo.legislature.ca.gov) refused the request (HTTP 403) on October 30, 2026.

This is general information, not legal advice. Rules differ by state, so ask a lawyer about your situation. Last reviewed October 30, 2026.