A Canadian Photo/Video Release is a legal consent form that grants a person, company, or organization permission to use an individual's image, likeness, voice, and appearance in photographs, video recordings, audio recordings, and digital media. It operates at the intersection of privacy law, personality rights, and copyright law, providing the legal foundation for any commercial, editorial, or promotional use of a person's identifiable features.

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.

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 and potential PIPEDA complaints to the Office of the Privacy Commissioner of Canada.

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.