By Stacey Sommerhauser, SPHR, PHRca, SHRM-SCP
If your company puts employees in photos, videos, or social media posts, here’s a quick heads-up: California’s Civil Code section 3344 (“section 3344”) was amended in October 2025, and it’s a good time to check how you handle photo and media releases. This Section 3344 of the civil code requires a person’s “prior consent” before you use their likeness for advertising. That includes their name, voice, photo, or image. For employers, think company website, social media, brochures, recruiting materials, and promo videos.
“Prior consent” means opting in
This is where many employers get tripped up. Employees need to opt in to appearing in advertising. A policy that tells them how to opt out isn’t enough. Posting a notice that photos may be taken, or waiting for someone to object, won’t cut it either.
Why it’s worth a few minutes
Using someone’s likeness without consent can get expensive. A person may recover the greater of $750 or their actual damages, plus any profits from the use and attorneys’ fees. Punitive damages may also be on the table.
A quick checklist
- Take a look at your current photo and media policy. Does it rely on opt-out language?
- Use a written opt-in release that explains how and where the employee’s image may be used.
- Get the signed release before you use the photo, not after.
- Keep releases on file, and track who has declined or changed their mind.
We’re here to help
We’ve updated our Voluntary Photograph/Video Authorization and Release to comply with the opt-in requirement, and it’s now available in the Silvers HR Library for clients. If you have additional questions, please call your Silvers HR Consultant.