Can you use my image without consent?

Imagine you’re a first-time visitor at a local church.  The experience was o.k., but you decide that the church is not a good fit for your family. Together you decide to never attend again.

A few weeks later you notice an Instagram ad for the church that features a video of your family being greeted at the welcome desk.  What would you do?

Some people wouldn’t be bothered. Others might call the church and ask that their likeness be removed and there are people who would consider taking legal action.

I see this question a lot.

Do churches need permission to film or take pictures of people who attend services or events?

Yes, churches generally do need permission to post videos and photos of attendees on social media, especially if individuals are clearly identifiable.

Here’s a breakdown of why and how this works:

⚖️ Legal and EthicalConsiderations

Privacy Laws (e.g. CCPA):

In regions like California (CCPA), individuals have strong rights over how their personal data —including identifiable photos or videos — is collected and used.

This means churches must get consent before sharing media of individuals online.

Expectation of Privacy:

If the photo is taken in a public setting (e.g., during a public outdoor event), there’s less expectation of privacy.

But if it’s taken in a private setting (like inside the church), permission is more clearly required.

✅ When a Person Might Have a Case

Lack of Consent:

If the person did not give permission to be filmed or photographed, and their image is used in a recognizable, focused way (e.g., close-up or speaking), they may have grounds to claim a violation of their privacy or publicity rights.

Commercial Use:

If the church uses the person's likeness in advertisements or promotions — for example, in a fundraising appeal or promotional video — without permission, that could be considered misappropriation of their image for commercial gain.

Emotional Distress or Harm:

If the broadcast causes embarrassment, distress, or reputational harm, the individual might attempt to sue for emotional damages, though this is often harder to prove.  (Be careful with those funny sermon illustrations!)

Make sure your team knows when to stop recording.  I once saw a church staff member go into graphic detail of sexual sin he was struggling with during an emotional church service.  It was a vulnerable moment that he might not have wanted to share on social medeia.  

Missionaries who serve in closed countries often prefer not to have their images used.

❌ When It’s Less Likely a Lawsuit Would Succeed

Public Setting or Implied Consent:

If the person attends a public event like a church service, especially where signage or announcements indicate that recording is taking place, courts often view this as implied consent.

Example: “This service is being livestreamed and recorded” signs at the door.

Incidental Appearance:

If the person appears incidentally in a wide shot or crowd — and is not the focus — it’s usually not considered a violation of publicity or privacy laws.

Religious or Nonprofit Context:

Churches are typically non-commercial entities, and some courts may consider First Amendment protections (in the U.S.), especially if the image use is related to religious practice.

Keep in mind that people have many different levels of comfort when it comes to having their likeness used, especially with children.  Take steps to be considerate and to meet legal requirements.

🙋 Consent: Best Practices

Model Release Forms: Especially for promotional use or if minors are involved.

General Notice: Signs at entrances, pre-service slides, or statements during services (e.g., “Photos and video may be taken and used for church communications”) can provide broad notice but may not be enough for close-up shots.

Opt-Out Options: Allow attendees to opt out or wear a specific badge/lanyard to avoid being photographed.  Make sure your media team understands that they cannot film those who have opted out.

We can’t let our desire for content supercede our love for others.  Respect the need for privacy.

👶 Special Case: Children & Youth

Always require explicit written parental consent to post media featuring minors.

Clearly note the potential use of images on permission slips for events like camp or VBS.

🏛️ ReligiousExemptions?

While some religious organizations may have limited exemptions incertain jurisdictions, these rarely override the need for consent when it comes to public sharing on social media or websites.

✅ Summary

Situation                                                    Do You Need Permission?

Group shot at a public event                    Usually not, but better to notify

Clear image of identifiable individuals       Yes

Children/minors                                      Yes, parental consent required

Inside church during service                    Yes, unless general consent is clearly given

Below are two helpful templates you can use at your church:

📝 1. Media Release Form (General – Adults and Minors)

[Church Name] Media Release Form

Name: ______________________________________
Phone/Email: ________________________________
Date: ______________________________________

I hereby grant [Church Name], its representatives, and affiliated organizations the right to take photographs, video, and audio recordings of me (and/or my child if applicable) during church-related activities and events.

I agree that [Church Name] may use such media for:

Social media posts (e.g., Facebook, Instagram)

Church website

Newsletters, flyers, and bulletins

Other non-commercial promotional materials

I understand that these images may be used without further notice or compensation.

☐ I give permission
☐ I do NOT give permission

For Minors (under 18):
Child’s Name: _______________________

Signature (Adult or Parent): _________________________
Date: ___________________

🪧 2. Signage for General Notification (e.g., Entryway or Sanctuary)

Smile! You May Be Photographed or Recorded

[Church Name] often captures photos and videos during our services and events to celebrate and share what God is doing in our community.

These images may appear in:

Social media

Our website

Printed materials

If you prefer not to be photographed or recorded, please visit our Welcome Desk for a privacy badge or speak with a staff member.

Thank you for being part of our church family!