Photo and Video Release Form (Kenya)
Image and Likeness Consent — Copyright Act No. 12 of 2001 and Data Protection Act No. 24 of 2019
Release Form Header
PHOTO AND VIDEO RELEASE FORM KENYA Date: [Release Date] Project / Campaign: [Project Description] Date of Photography / Filming: [Shoot Date]
Parties
LICENSEE: [Licensee Name] Registration No.: [Licensee Reg Number] Address: [Licensee Address] Photographer / Videographer: [Photographer Name] (the Licensee) SUBJECT: [Subject Full Name] National ID / Passport No.: [Subject Id Number] Address: [Subject Address] (the Subject) PARENT / GUARDIAN (where Subject is a minor under the Children Act No. 29 of 2022): [Guardian Name] National ID No.: [Guardian Id Number] Relationship to Subject: [Guardian Relationship]
Grant of Rights
1. GRANT OF RIGHTS 1.1 In consideration of [Model Fee] (payable on [Payment Date]), or, where no fee is paid, for good and valuable consideration acknowledged as received, the Subject hereby grants to the Licensee a non-exclusive licence to: (a) Photograph and film the Subject in connection with: [Project Description]; (b) Reproduce, distribute, adapt, edit, broadcast, publish, display, and otherwise use the following media: [Media Type]; (c) For the following permitted purposes: [Permitted Uses]; (d) Within the geographic territory of: [Geographic Scope]; (e) For a duration of: [Release Duration]. 1.2 The Subject acknowledges that [Photographer Name] owns copyright in the photographs and video recordings under Sections 22 and 23 of the Copyright Act No. 12 of 2001. This release grants rights in the Subject likeness separately from the Licensee copyright. 1.3 The Subject waives any right to inspect or approve finished materials before publication and any right to claim additional royalties beyond the consideration stated above.
Minors — Parental Consent
2. MINORS — PARENTAL / GUARDIAN CONSENT [Complete this section only where the Subject is under 18 years of age] 2.1 I, [Guardian Name], being the [Guardian Relationship] of [Subject Full Name], consent to the use of the minor Subject photographs, videos, and likeness as described in this release. 2.2 I confirm I have legal authority to grant this consent and that the use of the minor image is consistent with the best interests of the child under Section 15 of the Children Act No. 29 of 2022. 2.3 I confirm the Licensee has confirmed compliance with applicable child protection standards and the Communications Authority of Kenya (CA) digital content standards governing the use of children images in media.
Data Protection Consent
3. DATA PROTECTION CONSENT (Data Protection Act No. 24 of 2019) 3.1 The Subject consents to the Licensee processing the Subject personal data — including photographs, video footage, name, and biographical information — for the purposes described in Clause 1, in accordance with the Data Protection Act No. 24 of 2019. 3.2 Data Controller: [Licensee Name], [Licensee Address]. 3.3 Lawful Basis: Consent under Section 32 of the Data Protection Act No. 24 of 2019. 3.4 Retention Period: Personal data shall be retained for [Data Retention Period] and then securely deleted or anonymised. 3.5 Subject Rights: Under Section 26 of the Data Protection Act No. 24 of 2019, the Subject has the right to: access personal data; request rectification; withdraw consent; object to processing; and lodge a complaint with the Office of the Data Protection Commissioner (ODPC) at odpc.go.ke. 3.6 This consent is freely given, specific, informed, and unambiguous as required by Section 32(1) of the Data Protection Act No. 24 of 2019.
Revocation, Warranties, and Signatures
4. WARRANTIES The Subject warrants that: (a) they have full legal capacity to sign this release; (b) there are no prior agreements affecting the rights granted; and (c) use of their likeness as described will not infringe any third party rights. 5. REVOCATION AND WITHDRAWAL OF CONSENT 5.1 [Revocation Policy] 5.2 The Subject acknowledges that revocation under Section 32(5) of the Data Protection Act No. 24 of 2019 applies to future processing only and does not require recall or deletion of content already lawfully published before the effective date of withdrawal. 6. GOVERNING LAW This release is governed by the laws of Kenya, including the Copyright Act No. 12 of 2001, the Data Protection Act No. 24 of 2019, the Children Act No. 29 of 2022 (where applicable), and the Constitution of Kenya 2010, Article 31 (right to privacy). SIGNATURES: SUBJECT: Name: [Subject Full Name] Signature: ________________________ Date: [Release Date] PARENT / GUARDIAN (where Subject is a minor): Name: [Guardian Name] Relationship: [Guardian Relationship] Signature: ________________________ Date: [Release Date] LICENSEE: Name: [Licensee Name] Representative: ________________________ Title: ________________________ Signature: ________________________ Date: [Release Date]
Subject (or Parent / Guardian if Minor)
________________
Signature
Licensee Authorised Representative
________________
Signature
What Is a Photo and Video Release Form (Kenya)?
A Photo and Video Release Form in Kenya discharges one party from specified claims or liabilities in exchange for the agreed consideration. It records the rental price, deposit, term, maintenance duties, and notice periods between landlord and tenant.
The primary intellectual property legislation governing photographs and videos in Kenya is the Copyright Act No. 12 of 2001 (the Copyright Act), administered by the Kenya Copyright Board (KECOBO) established under Section 3 of the Copyright Act. Section 22 of the Copyright Act vests copyright in artistic works — including photographs — in the author (photographer) from the moment of creation without requirement for registration. Section 23 vests copyright in audiovisual works — including video recordings — in the producer. However, the Copyright Act operates alongside the common law right of privacy and the constitutional protection of privacy under Article 31 of the Constitution of Kenya 2010, which provides that every person has the right to privacy including the right not to have their image taken without consent.
The distinction between copyright in the photograph and the right of the Subject in their own likeness is fundamental. The photographer owns copyright in the photograph under the Copyright Act No. 12 of 2001, but this copyright does not authorise the photographer to use the photograph commercially without the Subject's consent. The Subject's consent — given through the Photo and Video Release Form — is therefore essential for any commercial, advertising, or public use of photographs or videos featuring identifiable persons. Without a release, using a person's photograph or likeness in advertising, on product packaging, in marketing materials, or in commercial media exposes the Licensee to claims under tort law, privacy law, and potentially the Data Protection Act No. 24 of 2019.
The Data Protection Act No. 24 of 2019 — administered by the Office of the Data Protection Commissioner (ODPC) established under Section 5 of the Act — treats photographs and video recordings of identifiable persons as personal data. Processing personal data — including capturing, storing, editing, and publishing photographs or videos — requires a lawful basis under Section 30 of the Data Protection Act. A Photo and Video Release Form serves as the written consent required under Section 32(1) of the Data Protection Act for processing sensitive categories of personal data, and the consent must be freely given, specific, informed, and unambiguous.
For minors (persons under 18 years of age under the Children Act No. 29 of 2022), the consent of a parent or legal guardian is required, and any use of a minor's image in commercial contexts must comply with Section 15 of the Children Act No. 29 of 2022 (best interests of the child) and the Child Online Safety Framework issued by the Communications Authority of Kenya (CA) under the Kenya Information and Communications Act Cap. 411A.
When Do You Need a Photo and Video Release Form (Kenya)?
A Photo and Video Release Form in Kenya is required in a wide range of commercial, creative, and organisational contexts where photographs or videos of identifiable persons are captured and used beyond the immediate event at which they were taken.
A release form is needed for commercial advertising photography and videography — product advertisements, brand campaigns, promotional videos, corporate brochures, and billboard advertising featuring identifiable persons. Advertising agencies in Kenya including McCann Erickson Nairobi, JWT Kenya, and Scanad Kenya require signed release forms before delivering photographs to clients for commercial use.
A release form is needed for social media content marketing — where influencers, brand ambassadors, or members of the public are photographed or filmed for use on Instagram, Facebook, YouTube, TikTok, and other platforms. The Influencer Marketing Standards issued by the Advertising Standards Bureau of Kenya (ASB-Kenya) require documented consent for the use of personal images in sponsored content.
A release form is needed for event photography — corporate events, product launches, conferences, sports events, music festivals, and charity events — where event organisers wish to use photographs and videos taken at the event for post-event marketing, press coverage, and archive purposes. Event management companies in Kenya including CMC Holdings Events, Africa Nazarene University Events, and various wedding planning companies require release forms from identifiable subjects featured in event coverage.
A release form is needed by NGOs, development organisations, faith-based organisations, and international donors (including USAID, the World Bank Kenya Country Office, and DFID/FCDO) when photographing beneficiaries, community members, or programme participants for reporting, fundraising, or advocacy materials. Most donor organisations require documented photographic consent as part of their safeguarding and ethical standards.
A release form is needed for documentary film production, news photography used commercially, stock photography sold through agencies, and academic research involving photographic data, all of which require the Kenya Copyright Board (KECOBO) compliant consent documentation and Data Protection Act No. 24 of 2019 compliant personal data processing consent.
Parties in Kenya should prepare a Photo and Video Release Form (Kenya) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Kenyan law, the Data Protection Act No. 24 of 2019 and the Office of the Data Protection Commissioner (ODPC) govern personal data processing. The Oaths and Statutory Declarations Act (Cap. 15) governs sworn documents. Section 4 of the Marriage Act No. 4 of 2014 recognises five forms of marriage in Kenya. The Children Act No. 8 of 2001 governs child welfare. The High Court Family Division and Kadhi Courts handle family disputes. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Photo and Video Release Form (Kenya)
A Photo and Video Release Form in Kenya under the Copyright Act No. 12 of 2001 and the Data Protection Act No. 24 of 2019 must include the following essential elements to be legally effective and to protect both the Licensee and the Subject.
Party Identification: Full legal name, national identity card number or passport number, and contact address of the Subject (or parent/guardian where the Subject is a minor under 18 as defined by the Children Act No. 29 of 2022). The Licensee's full legal name, company registration number, and business address. Clear identification of the photographer or videographer engaged to capture the content.
Grant of Rights: A clear, specific statement of the rights granted by the Subject to the Licensee — specifically the right to photograph and/or film the Subject and to reproduce, distribute, adapt, publish, broadcast, and otherwise use the photographs and video footage for specified purposes. The grant should specify whether it covers still photographs, moving images, or both; whether it covers raw footage and edited footage; and whether it covers the Subject's name, voice, and biographical information in addition to their likeness.
Permitted Uses: A precise description of the purposes for which the photographs and videos may be used — for example, commercial advertising, editorial publication, social media, corporate brochures, documentaries, training materials, fundraising, or all lawful purposes. Broad grants of rights ('any purpose') provide maximum flexibility to the Licensee; narrow grants limit use to specified campaigns or platforms. The permitted use definition should align with the Data Protection Act No. 24 of 2019 requirement that consent be specific to defined processing purposes.
Geographic Scope and Duration: Whether the release covers use in Kenya only or worldwide; and whether it is a one-time release for a specific project or an ongoing release for perpetual use. Kenya Copyright Act No. 12 of 2001 does not require territorial limitation, but releases should specify whether worldwide rights are granted. Duration should be specified — many organisations use '5 years from the date of signing' for standard marketing content, with the option to renew.
Consideration: The consideration (payment, if any) provided to the Subject in exchange for the grant of rights. Where the Subject is paid for their appearance — model fees, talent fees, or honoraria — the amount and payment terms should be specified. Where no payment is made, the release should state that the Subject grants the rights freely and voluntarily, understanding the nature of the grant. Under Kenyan contract law (the Contract Act Cap. 23), adequate consideration is necessary for enforceability.
Minors and Parental Consent: Where the Subject is under 18 years of age (a child under the Children Act No. 29 of 2022), the release must be signed by a parent or legal guardian, stating the parent/guardian's full name, identity number, relationship to the minor, and confirming that the consent is in the child's best interests under Section 15 of the Children Act No. 29 of 2022. Child photography for commercial purposes may also require compliance with Communications Authority of Kenya (CA) digital content standards.
Data Protection Compliance: A data protection consent section complying with the Data Protection Act No. 24 of 2019 and the Data Protection (General) Regulations (Legal Notice No. 174 of 2021), specifying the lawful basis for processing (consent under Section 32), the categories of personal data processed (photographic and video data), the purposes of processing, the Licensee's identity as data controller, the Subject's rights under Section 26 of the Act (access, rectification, erasure, objection), the Data Protection Commissioner's contact details for complaints, and retention periods for the personal data.
Revocation and Withdrawal: A statement of whether and how the Subject may revoke consent — relevant under the Data Protection Act No. 24 of 2019, Section 32(5), which provides that consent may be withdrawn at any time. For commercial photography where the Licensee has already invested in producing and distributing the content, full revocation after publication is often commercially impractical, and the release should address what happens on revocation (withdrawal from future use, no right to require recall of published materials).
Forms-legal.com provides this Photo and Video Release Form Kenya template as a practical, Data Protection Act No. 24 of 2019 and Copyright Act No. 12 of 2001 compliant document for photographers, brands, NGOs, and event organisers.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Photo and Video Release Form (Kenya) (Kenya) [Legal document template]. Forms Legal. https://forms-legal.com/kenya/personal/releases/photo-video-release-kenya
"Photo and Video Release Form (Kenya) (Kenya)." Forms Legal, 2026, https://forms-legal.com/kenya/personal/releases/photo-video-release-kenya.
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year = {2026},
howpublished = {\url{https://forms-legal.com/kenya/personal/releases/photo-video-release-kenya}},
note = {Free legal document template}
}Also available for these jurisdictions:
Frequently Asked Questions
While Kenyan law does not prescribe a specific document called a 'photo release form,' the combination of the Copyright Act No. 12 of 2001, the Data Protection Act No. 24 of 2019, the Constitution of Kenya 2010, and common law privacy principles make written consent effectively mandatory for commercial use of a person's photographs or videos in Kenya. Article 31 of the Constitution of Kenya 2010 guarantees the right to privacy, which includes the right not to have one's image taken and used without consent. The Data Protection Act No. 24 of 2019, Section 32, requires that any processing of personal data — including photographs and videos of identifiable persons — be based on the data subject's freely given, specific, informed, and unambiguous written consent, or another specified lawful basis. The Office of the Data Protection Commissioner (ODPC) has issued guidance confirming that commercial photographic use of identifiable persons requires documented consent. Absent a signed release, a Licensee using a person's photographs commercially risks a claim under tort law (passing off, privacy invasion), Data Protection Act No. 24 of 2019 enforcement by the ODPC (fines up to KES 5 million or 1% of annual turnover), and injunction proceedings in the High Court of Kenya.
No. Under Kenyan law, a person under 18 years of age — classified as a child under the Children Act No. 29 of 2022 — lacks contractual capacity to sign a legally binding release form without parental or guardian consent. The Children Act No. 29 of 2022, Section 4, defines a child as a person under 18 years. Section 15 requires that in all actions concerning children, the best interests of the child are the primary consideration. A Photo and Video Release Form for a minor subject must therefore be signed by the minor's parent or legal guardian, who must confirm in writing that they have the authority to grant consent on the child's behalf and that the use of the child's likeness is consistent with the child's best interests. For commercial photography — advertising, modelling, entertainment — additional protections apply: the Employment Act Cap. 226 and the Children Act No. 29 of 2022 restrict child labour and require that any commercial engagement of minors as models or performers comply with child protection standards. The Communications Authority of Kenya (CA) and the Kenya Film Classification Board (KFCB) also regulate the use of children in media content. Reputable agencies and brands in Kenya require verified age documentation (birth certificate or school certificate) before signing releases involving child subjects.
Yes. The Data Protection Act No. 24 of 2019 applies directly to the capture and use of photographs and videos of identifiable persons in Kenya, making Data Protection Act compliance a mandatory element of a Photo and Video Release Form. The Act defines 'personal data' broadly under Section 2 to include photographs, biometric data, and any information relating to an identifiable natural person. Section 30 of the Act requires that processing of personal data — which includes taking, storing, editing, and publishing photographs — be based on one of the specified lawful bases, and for non-essential commercial use, consent under Section 32 is the most applicable basis. The consent must be: freely given (not coerced); specific to the defined purposes; informed (the Subject must know who the data controller is, what data is being processed, for what purposes, and for how long); and unambiguous (a clear affirmative act). The Data Protection (General) Regulations 2021 (Legal Notice No. 174 of 2021) require that data controllers register with the Office of the Data Protection Commissioner (ODPC) if they process personal data above de minimis levels — commercial photographers and media organisations should be registered data controllers. A well-drafted Photo and Video Release Form therefore includes both an intellectual property rights grant (Copyright Act No. 12 of 2001 compliance) and a data processing consent section (Data Protection Act No. 24 of 2019 compliance).
Under the Data Protection Act No. 24 of 2019, Section 32(5), a data subject has the right to withdraw consent to the processing of their personal data at any time. This right to withdraw consent applies to photographic and video data, meaning a Subject who has signed a Photo and Video Release Form may in principle withdraw their consent to future processing of their photographs and videos. However, the right to withdraw consent has practical and legal limits. The Contract Act Cap. 23 of Kenya governs the release as a binding contract — if the Licensee has provided consideration (paid a modelling fee) and has relied on the release by publishing content, withdrawal of consent does not automatically entitle the Subject to have all published materials removed, particularly where materials were lawfully published before the withdrawal. The release form should therefore address revocation expressly: specifying whether the Subject can revoke for future use (typically allowed) while acknowledging that materials already published cannot practically be recalled. The ODPC guidance on consent withdrawal distinguishes between 'consent-based' processing (where withdrawal requires cessation of future processing) and 'legitimate interest' or 'contractual necessity' processing (where withdrawal has more limited effect). In high-value commercial campaigns — billboard advertising, television commercials, product packaging — brands typically include specific provisions that make the release irrevocable for the duration of the specified campaign.
The Copyright Act No. 12 of 2001 creates a clear but sometimes misunderstood framework for copyright ownership in photography and videography in Kenya. Section 22 of the Copyright Act vests copyright in artistic works — including photographs — in the author (the photographer) as the first owner of copyright. Section 23 vests copyright in audiovisual works — including videos — in the producer. This means the photographer or video production company typically owns copyright in the images and footage, not the Subject. However, copyright ownership does not give the copyright owner unlimited rights to use the images commercially — the Subject's right to privacy under Article 31 of the Constitution of Kenya 2010 and the Data Protection Act No. 24 of 2019 create independent rights that require the Subject's separate consent for commercial use. A Photo and Video Release Form therefore serves a different legal function from a copyright assignment or licence — it grants the Licensee permission to use the Subject's likeness (a personality right) rather than transferring copyright in the images. In commissioned photography — where a client commissions a photographer to photograph their products, employees, or events — the parties should clarify in the commission contract who owns copyright in the resulting images, as Section 26 of the Copyright Act provides that copyright in commissioned works may belong to the commissioner where specific conditions are met. Kenya Copyright Board (KECOBO) guidance on copyright in digital photography and video is available at kecobo.go.ke.
Yes. Non-governmental organisations (NGOs) operating in Kenya are among the organisations most critically required to obtain written Photo and Video Release Forms before photographing or filming programme beneficiaries, community members, or participants. The regulatory and ethical framework includes: the Data Protection Act No. 24 of 2019, which requires documented consent for processing personal data (photographs) of identifiable persons; the NGO Coordination Act Cap. 134, which requires NGOs to operate ethically and in compliance with the rights of beneficiaries; the Children Act No. 29 of 2022, which imposes strict child safeguarding obligations on organisations working with children; and international donor requirements — USAID ADS Chapter 579 (photography guidelines), UKAID/FCDO safeguarding standards, EU GDPR (applicable to EU-funded organisations with European operations), and the Core Humanitarian Standard on Quality and Accountability — all require documented informed consent for beneficiary photography used in fundraising, reporting, or advocacy. The Kenya Human Rights Commission (KHRC) and Transparency International Kenya have published guidance on ethical photography of vulnerable populations. NGOs that publish photographs of beneficiaries without proper consent — particularly photographs of children, survivors of violence, or persons with disabilities — risk complaints to the ODPC, reputational damage, and donor sanctions.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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