Your photographer captured a superb shot of the reception: your best saleswoman, glass in hand, half laughing, half winking. Perfect for the “Team” page of the website. Except the saleswoman never said yes. That’s how a beautiful picture becomes a lawyer’s letter. Here are the answers to the questions that come up most often (rules described here are those of France).
Do you really need permission to film or photograph someone?
Yes, as soon as a person is recognizable and the image is published. Everyone has a right to their own image, tied to respect for privacy. Service-public.fr puts it bluntly: publishing a person’s image requires their permission, and it must be in writing for any use you want to be able to prove, meaning all professional uses.
What about my employees? They work for me, don’t they?
An employment contract is not an image release. The CNIL reminds us: an employer who wants to use an employee’s photo, even for a simple directory, must obtain explicit and unambiguous consent, and a written record is strongly recommended. An employee can refuse, and that refusal must not cost them anything.
Two habits to adopt:
- specify in the release where the image will be used (website, social media, brochure, internal), why and for how long;
- plan for what happens when the employee leaves. Judges have already ruled that a release with no specific duration could end with the employment contract. Better to spell it out in black and white.
And event attendees, customers in a store?
In a public place, the rule is more flexible for crowd shots where nobody is singled out or highlighted. As soon as a person becomes the subject of the image, their consent is needed again. In a private place (your store, your seminar room), consent is required for any recognizable person.
At an event, good practice is simple: an information sign at the entrance, a message in the invitation, and a zone or distinctive sign (a badge, for example) for those who don’t wish to appear. For talks by your speakers or your guests of honor, a signed release is still preferable.
Are minors different?
Yes, it’s stricter. To publish a child’s image, you need the written permission of their legal representatives, without exception, even for school or association publications according to service-public.fr. An open house or a family event? Prepare the forms beforehand.
What does the GDPR have to do with it?
An image of an identifiable person is personal data. Image rights and the GDPR add up: you must inform people of the use and the retention period, and allow them to withdraw their consent. An employee must be able to say no without fearing for their career: that’s where consent becomes delicate in an employer-employee relationship, and where clarity about purposes counts double.
What the release says, at a glance
| Situation | Written release? | To specify |
|---|---|---|
| Portrait of an employee for the website | Yes | Media, duration, what happens on departure |
| Filmed interview of a customer | Yes | Distribution, duration, modifications |
| Wide shot of a crowd at a trade show | Not for a crowd shot with no one highlighted, but inform people | Information sign, camera-free zone |
| Child at an event | Yes, from the legal representatives | Exact use of the image |
| Isolated, recognizable participant | Yes | Context of the shot |
Tip A good release fits on one page: who is filmed, by whom, for which media, for how long, and how to withdraw consent. People sign a short, clear document more willingly than a block of legalese.
What are the risks if you forget?
In civil law, the person can request removal of the image and damages, including through summary proceedings (an urgent procedure). In criminal law, service-public.fr mentions up to one year of imprisonment and a €45,000 fine for capturing a person’s image in a private place without their consent, and up to €15,000 for publishing without consent. Not to mention the cost to the team atmosphere.
Going further
This article gives general guidance and does not replace legal advice.
- Service-public.fr: image rights and respect for privacy (in French)
- CNIL: employee photos in the staff directory (in French)
- Justice.fr: image rights and respect for privacy (in French)
All of this is settled beforehand, not on shoot day. With good shoot preparation, releases are ready, people are informed and the crew can concentrate on lighting and smiles. And for on-site coverage, our approach to events builds in these questions from the start.
Shoot with peace of mind
Let’s talk about your project: we plan the releases before setting up the first camera.