Photo / Video Release (Canada)

A Photo / Video Release in Canada grants permission to record and publish a person’s image or likeness on defined terms, governed primarily by common-law privacy and contract principles and provincial privacy legislation.

Canadian common law recognizes the tort of appropriation of personality, established in cases such as Krouse v. Chrysler Canada Ltd. (1973) and Athans v. Canadian Adventure Camps (1977). Using a person's image or likeness for commercial purposes without consent can result in damages for unauthorized appropriation. In Ontario, the tort has been codified and expanded through judicial development, while British Columbia's Privacy Act (R.S.B.C. 1996, c. 373) provides a statutory right of action for unauthorized use of a person's name or portrait for commercial purposes.

Under PIPEDA (Personal Information Protection and Electronic Documents Act), a person's photograph or video recording constitutes personal information. Any organization collecting, using, or disclosing such information for commercial activity must obtain meaningful consent from the individual. The form of consent — express or implied — depends on the sensitivity of the use and the reasonable expectations of the individual. For commercial advertising or promotional use, express written consent is the standard.

Copyright ownership of the photographs or videos themselves is governed by the Copyright Act (R.S.C., 1985, c. C-42). Under s. 13(1), the photographer or videographer is the first owner of copyright in the work they create. Since the 2012 Copyright Modernization Act removed the former commissioning rule, this applies even when the subject commissions the photographs. A release form should address both the subject's personality rights and the copyright ownership of the resulting works.

The Copyright Modernization Act 2012 (S.C. 2012, c. 20) significantly altered the copyright framework for commissioned photographs by removing the former commissioning exception that previously gave clients ownership of photos they commissioned. Under Section 13 of the Copyright Act 1985 (R.S.C. 1985, c. C-42), the photographer retains copyright as first author. Section 14.1 of the Copyright Act 1985 establishes moral rights — the right to attribution and right to integrity — which cannot be assigned but may be waived in writing. Any organization requiring freedom to crop, retouch, or modify images without crediting the photographer should include a moral rights waiver under Section 14.1.

The Competition Act 1985 (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, prohibits deceptive advertising practices. Using a person's image in misleading advertising could attract liability under Section 74.01 of the Act 1985. The Broadcast Act 1991 (S.C. 1991, c. 11), administered by the Canadian Radio-television and Telecommunications Commission (CRTC), governs television and radio broadcasts containing a person's likeness. The Personal Information Protection Act 2003 (Alberta, S.A. 2003, c. P-6.5) and the Personal Information Protection Act 2003 (British Columbia, S.B.C. 2003, c. 63) apply instead of federal PIPEDA in those provinces. Forms-legal.com provides this Photo / Video Release (Canada) template as a starting point for Canada-compliant consent documentation.

When a business, marketing agency, or brand is producing advertising materials — print ads, social media campaigns, website banners, or television commercials — that feature identifiable individuals, whether professional models, employees, customers, or members of the public captured in public spaces.

When a photographer, videographer, or production company is hired for an event — weddings, corporate conferences, sports tournaments, or concerts — and intends to use the captured images or footage for portfolio promotion, social media marketing, or stock photography licensing beyond the original client delivery.

When a school, university, or non-profit organization photographs students, participants, or volunteers for newsletters, annual reports, fundraising materials, or website content, particularly where minors are involved and parental or guardian consent is required.

When a media company, documentary filmmaker, or journalist records interviews, testimonials, or behind-the-scenes footage where the subjects' statements and likenesses will be broadcast, published online, or distributed through streaming platforms.

When a fitness studio, adventure company, or recreational facility photographs or films participants during classes, tours, or activities for promotional purposes, and needs to combine the liability waiver with a media consent to avoid separate documentation.

Without a signed release, any commercial use of an individual's likeness exposes the user to claims under the tort of appropriation of personality under Canadian common law, privacy complaints under the Personal Information Protection and Electronic Documents Act 2000 (PIPEDA) to the Office of the Privacy Commissioner of Canada (OPC), and statutory tort claims under the Privacy Act 1996 (British Columbia) or the Privacy Act 1993 (Manitoba). Section 7 of the Act 2000 restricts commercial use of personal information without consent, and Section 11 permits individuals to lodge complaints with the OPC when organizations fail to obtain proper consent.

The Limitations Act 2002 (Ontario, S.O. 2002, c. 24, Sch. B) sets a two-year basic limitation period under Section 4 for tort claims, meaning releases can be challenged within two years of the subject discovering an unauthorized use. The Limitation Act 2012 (British Columbia, S.B.C. 2012, c. 13) sets a similar two-year limitation under Section 6. Organizations that obtain signed releases eliminate the risk of these claims entirely. The Copyright Act 1985 (R.S.C. 1985, c. C-42) provides the photographer with rights under Section 27 against infringement. Parties in Canada should prepare a Photo / Video Release (Canada) proactively before any shoot or recording session. Forms-legal.com recommends having all releases signed before the session begins, not after the images or footage have already been captured and distributed.

Identification of Parties — The full legal names, addresses, and contact information of both the releasor (the person whose image is being used) and the releasee (the person, company, or organization receiving permission). For minors, include the parent or legal guardian's information and their consent on behalf of the child.

Grant of Rights — A clear, specific description of exactly what the releasor is consenting to: the use of their name, image, likeness, voice, and biographical information in specified media types (print, digital, broadcast, social media). Specify whether the grant is exclusive or non-exclusive, perpetual or time-limited, and worldwide or geographically restricted.

Purpose and Permitted Uses — Define the specific purposes for which the media may be used: advertising, marketing, editorial, educational, internal communications, or any lawful purpose. Broader language provides more flexibility but may face greater scrutiny under PIPEDA's meaningful consent requirement.

Copyright Provisions — Address who owns the copyright in the photographs or videos under Copyright Act s. 13(1). If the releasor is also the creator, include a copyright assignment or licence. If the releasee is the creator, clarify that the release covers personality rights only, not copyright transfer to the releasor.

Moral Rights Waiver — Under Copyright Act s. 14.1, moral rights (right to attribution and right to integrity of the work) belong to the creator and cannot be assigned but can be waived in writing. If the creator is the photographer or videographer, include a moral rights waiver if the releasee needs freedom to crop, edit, or modify the images without attribution.

Compensation — State whether the releasor is receiving payment, in-kind value (such as copies of photographs), or no compensation. Document the consideration to support the enforceability of the release as a binding contract.

Revocation and Duration — Specify whether the consent is irrevocable or may be withdrawn, and under what conditions. PIPEDA Principle 4.3.8 generally allows individuals to withdraw consent, subject to legal or contractual restrictions. Address what happens to materials already produced or distributed if consent is revoked.

Minor Consent — If the releasor is under 18 (or the applicable provincial age of majority), include a separate guardian consent section with the guardian's signature, printed name, and relationship to the minor.

Governing Law — The province whose laws apply, which determines the applicable personality rights framework, privacy legislation (PIPEDA vs. provincial PIPA in Alberta or British Columbia), and the courts with jurisdiction over any disputes.

Additional compliance elements for a Photo / Video Release (Canada) used in Canada include: Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.