Publicity Release
(Pro Advertiser)

Summary

This template is a publicity release that is a broad, blanket release by an individual and is drafted in terms favorable to an advertiser. This release also is referred to as a publicity waiver and release, a model release, or a personal release. This template includes practical guidance, drafting notes, and optional clauses. This release is non-exclusive in nature, giving the advertiser the limited right to use the individual's name and likeness, and other aspects of the individual's persona or identity, in a specified manner, but also allowing the individual or others to exploit the same right. A publicity release should be obtained when an advertiser plans to use an individual's identity for commercial purposes in an identifiable manner (whether or not the individual is a celebrity). Written consent is required in certain jurisdictions such as New York (see N.Y. Civ. Rights Law §§ 50, 51), but even if not expressly required, would provide a defense to a right of publicity claim. For a collection of content related to motion picture production, see Motion Picture Production Resource Kit. For resources on licensing the right of publicity and other areas of intellectual property law, see Intellectual Property Licensing Resource Kit. For additional guidance on personal releases in production agreements, see Entertainment Industry Contracts P 85.01. For a more detailed discussion on right of publicity, see Right of Publicity Fundamentals. For other types of releases and agreements relating to the right of publicity, see Extra Release, Interview Release, and Life Story Rights Option Agreement.