Protecting Your Mobile App IP: The Mini Missing Manual

Personal Releases

If you’re using a person’s image in your work, you should probably get him to sign a personal release. (Personal releases are often referred to as model releases, but the term “model” can be used to refer to anyone, not just professional models.) These releases addresses certain rights that overlap with copyright—though technically, they’re actually a separate area of law known as “right of publicity”—and they’re included here because you may be taking photos of people for, or using model images in, your app. The same may be true if you’re using a person’s name, particularly in the title of your app—for example, the actor Johnny Depp could stop your use if you titled your app, “Johnny Depp’s Pirate App.”

Whether you need to have someone sign a release depends on why you want to use that person’s name or image. If it’s for commercial purposes—like using a person’s photo for an app that’s helping sell a company’s products or services, such as an app for American Express, Nike, or Netflix—you need to obtain a release. But if you’re going to use the name or image for informational purposes such as a science app or even a pop-quiz app, you probably don’t need permission. But beware: The line between informational and commercial use is very fuzzy—like the line between documentary films and fictional feature films—which is why most lawyers recommend getting a release whenever you’re in doubt. Even if a release isn’t required, you should be careful that your use doesn’t ...