Harvest, AL asked in Communications Law, Employment Law and Internet Law for Alabama

Q: In alabama does an employeer need to have photo release form signed by employees to use on social media

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In general, it is a good practice for employers to obtain written consent from employees before using their photos on social media or for other promotional purposes, even if not legally required. This helps protect the employer from potential legal issues and respects the employees' rights to control the use of their likeness.

However, when it comes to the specific laws in Alabama, there is no explicit requirement for a signed photo release form. Alabama, like most states, recognizes the "right of publicity," which gives individuals control over the commercial use of their name, likeness, or other aspects of their identity.

That being said, if an employee's job duties include being photographed or if the employee voluntarily participates in a photo shoot for the company, it could be argued that the employee has given implied consent for their photo to be used for business purposes, including on social media.

To avoid any misunderstandings or potential legal issues, it is still advisable for employers in Alabama to obtain written consent from employees before using their photos on social media or for other promotional purposes. This can be done through a specific photo release form or as part of a more comprehensive employee agreement.

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