Model release and location release: mandatory when?
It’s not the photo, but how the photo is used that determines whether you need a consent form.
When images feature recognizable individuals and are used for commercial purposes, you need written consent from that person, known as a model release. For locations that are recognizable private properties, you also need written consent from the owner, known as a location release or property release. According to Article 32 of the Civil Code of Vietnam 2015, individuals whose images are used commercially are entitled to compensation unless there is a different written agreement.
- all recognizable images of people used for advertising
- shooting in private spaces as the subject
- industry of medical cosmetics, finance, education involving children
- pure flat lay product images without people or distinctive props
Model release (a consent form for the image of a person) and location release (a consent form for the image of a location) are two types of documents that many Vietnamese businesses overlook until they encounter issues. Understanding these two core conditions helps you avoid the risk of having to remove an entire photo set after it has been published.
Two deciding conditions for whether a release is needed
For model releases, the question is not "where was the photo taken" or "who hired the shoot" but rather two things. One: can the person in the photo be recognized? Two: is the photo used for commercial purposes? If both are true, a model release is needed, regardless of whether the person in the photo is a professional model, company employee, or customer.
For location releases, the logic is similar: if the location is a recognizable private property, including private homes, stores of other brands, hotels, resorts, and that location is clearly visible in the advertising photos, written consent from the owner is required.
It’s not the photo, but how the photo is used that determines whether a release is necessary.
ASMP, Releases for Professionals
Regulations in Vietnam to know more about
According to Article 32 of the Civil Code of Vietnam 2015, the use of personal images must have the consent of the individual. When used for commercial purposes, the person whose image is used should receive compensation, unless otherwise agreed. This means you need to handle two parallel tasks: a written consent for the scope of use and an agreement on image compensation. Missing either creates a legal loophole.
Note: there are no model releases or location releases that automatically exist just because the shoot has taken place or payment has been made. Releases must be documented separately and delivered to the correct party.
When is it mandatory to tighten up, and when can it be lighter?
Full release required: advertising images, product packaging, brand websites that can be recognized; photos taken in private spaces of third parties; in the cosmetics, healthcare, finance, and education sectors involving children, as real people images here are often associated with commitments to effectiveness, with higher risks of disputes.
Can be simplified: pure product images, flat lay (shot from above, without people), no people and no distinctive proprietary assets appearing in the frame.
Common errors in project practice
- Using employee or guest photos for advertising without written consent poses the greatest risk when that person leaves the company or has a conflict later.
- After paying the model's fee, it's assumed to be done, overlooking that the release must specify the scope of channels and duration of image use.
- Shooting in rented spaces or using another brand's location without permission from the venue owner.
- Sign off on a release for one campaign and then reuse that image for another campaign outside the agreed scope.
- Ignore easily forgotten groups: children, background staff, and casual visitors accidentally caught in the frame at private venues.
The viewpoint of Sinh Vũ
Sinh Vũ includes model releases and location releases in the default deliverables for each project, and handles the image rights of models and locations through separate contracts with each party in the team. The scope of the release is aligned with the scope of image use that you specified in the initial brief, avoiding situations where the agreement and usage differ.
For sensitive industries featuring real people in images, this is an area where Sinh Vũ advises you not to skimp on processing time. A missing document or vague recording scope can lead to an entire set of images being taken down right after release, and the cost of redoing it is often much higher than doing it correctly from the start.
Decision checklist
Topic: Model and location release rights. Sinh Vũ Handbook, sinhvu.com
Select each item you find appropriate, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
References
ASMP, Releases for Professionals; ASMP, Property and Model Releases; Civil Code of Vietnam 2015, Article 32 (referenced via WIPO Lex). Project practice based on coordination experience from Sinh Vũ Studio.
Frequently asked questions
After paying the model's fee, is it necessary to sign a model release?
Necessary. The fee is the compensation for the shoot, while the model release is a document that clearly defines the scope and duration for which you can use those images. Missing either one poses legal risks. If you want to use the images long-term or across multiple channels, that scope must be clearly stated in the release, not just in the fee invoice.
Is a release needed for shooting in public spaces?
Public locations often require fewer location releases, but there are exceptions, such as architectural works or public art with specific copyrights. For individuals appearing in photos, regardless of the space, if they can be recognized and the images are used commercially, a model release is still required. The shooting space does not change this obligation.
Do you need to do anything when using employee photos for the website?
A visual consent document is needed, typically handled as a clause in the employment contract or a separate release. Many companies skip this step thinking employees automatically consent, but when employees leave and request to remove images, the company has no legal basis to refuse or continue using them.