When do you need a Model Release and Permission of photograph use

The Photograph

Professional photographers generally use a model release right at the outset of a photo shoot.

However it is important to realize that the Model release and photograph is not about granting permission to take the photos, but rather to publish them. You don’t generally need written permission to photograph anyone. You need permission to publish the photo for commercial purposes (e.g., you will get paid for your photo).

It is generally accepted to snap a photo of a person in a public place without a release form.

However, if you use that photo for specific commercial purposes, like promoting a product, it’s better to be safe and get the release form.

The Release

A Model Release is like a contract. It specifies all the ways the resulting images can or cannot be used.

If you are the photographer, you will want to use the broadest language possible about where and in which media formats the image can be used, so you will have great latitude in selling the photo.

The release should also cover other details about the use of the model’s name (or not), whether the model has any right to inspect the end product before publication, and whether the release has an expiration date.


Whether you work in a marketing department, in graphic design or are a commercial blogger (to name just a few possibilities), you need to be careful that any image you may be planning to use in your material has a properly executed release form. Generally, the photographer will have done this step for you, but ultimately it is your responsibility to make sure the release exists before you license any photographs.

Remember there is a R249 Model Release form and use of photograph available HERE RIGHT NOW, just for you.

contact us http://www.lenoma.co.za or at info@lenoma.co.za


3 Things that MUST be in your social media policy.

Your Social Media Policy

What is a social media policy?

A social media policy doesn’t need you to be tech savvy – it is a company code of conduct that concerns employee behaviour (i.e. what they post) on social media networks, blogs, messaging apps, forums, email, etc.

Who needs a social media policy?

You might think that if you don’t have a blog, Facebook page or Twitter account you are safe. You are wrong! You are never safe because your employees and customers have social media accounts, blogs and they chat on forums. What they say about your company affects you commercially and legally even if you decide to be just an observer.

That’s why every business needs a social media policy even if you choose to stay traditional brick-and-mortar.

How do you create a social media policy?

The thing with social media is you can’t predict everything that can happen. You can’t just say “If this, then do that” because the environment we operate in changes so fast — the policy from yesterday doesn’t make sense today. That’s why instead of trying to create rules, focus on creating a culture of the way we do things around here.

What do you do with social media policy?

Make everyone sign it! The best way to handle this is to have it attached to employment (and termination) contracts. If you want to make sure all your current employees understand and adhere to it, schedule a 2-hour training session in which you explain the policy, why it is important and when it is to be applied.

Social media policies are very flexible and should reflect the nature of your business.

In our legal experience however, there are a few things that every social media policy should tackle. For the safety of your company, your customers and your employee…

…and here they are:

The 3 things that should be in every social media policy:

  1. Prohibit the sharing of confidential, sensitive, copyrighted, trademark information on personal accounts, as well as, defamation of colleagues or customers.
  2. Explain when and how employees need to identify themselves as such (when talking about products or services) and how they can use the company name or brand.
  3. Set boundaries with customers – when are employees to enter an argument or make a comment, in what way they should respond to customers and how much of the customer experience are they allowed to post online.​

There is much more that can be included. The more complex the organisation, the more complex the policies will get.

One important tip is to consult a professional  first as to what are the regulations of employee – customer communications so that you make sure your policies are not breaking any laws (by posting personal information about a purchase like an address or telephone number of a customer, for example).

Not sure if social media is for you?

Consult with us so we can help your company in this digital age.

Contact us below



How to boost your business  with social media 

Social media is the new big thing in marketing!

It’s hard to find someone who doesn’t use social media on a daily, or even hourly basis, so if your business isn’t taking full advantage of this great marketing tool – you need to. But having a social media presence isn’t enough. Most start-ups and even many big businesses still don’t have a clue on how to use social media effectively for marketing their business. This article will lay out the key rules you should follow to get the most out of your marketing on social media.

Develop a Specific Set of Goals

Hard work is pointless if it isn’t focused on your specific goals. Some of the goals you might want to achieve for your business include:

·      Increase brand awareness

·      Raise sales and profits

·      Generate more leads

·      Enhance your business reputation

·      Provide customer service and support

Adopt a Brand Personality and Voice

Social media is meant to be just that – social. People look for a more humanized brand voice and respond more favourably to business marketing that has personality. Think about how you want your business to be portrayed – think of personality traits such as friendly, professional, funny, positive, considerate, responsible, etc. Be consistent with your voice. Ensure it is known and used by all team members on all social media platforms. This will give your customers a sense of familiarity with your business.

Identify the Market Segments and Communities you want to Target

In today’s world where consumers are constantly bombarded with information, marketing at the generic level is no longer effective. Therefore, one of the greatest benefits of social media is that it allows you to target your marketing all the way down to micro-segments. This drastically improves your engagement levels and conversion ratios. Further, you want to identify the communities for these micro-segments.

Create an Action Plan

Now that you know your goals, brand personality and target market, you need to develop an effective plan to achieve your desired results. Good action plans include the following:

·      Listening plan

·      Channel plan

·      SEO plan

·      Content creation plan

You may want to engage in activities such as creating competitions, building relationships and groups, blogging, lead conversion, and creating funny or informative posts. The action you take will depend on your desired outcome.

Measure your Results and Respond Appropriately

Finally, you want to check whether your action plan is working to achieve your specific goals. Measurement should be all about maximizing your return-on-investment. This can include revenue growth, customer acquisition cost, profit, or whatever other parameters are key to your business success. Take note of what works and what doesn’t work for your business by observing these parameters as you adopt new social media strategies. This is not trial and error. You need to be calculated and deliberate with the changes you make so that they result in the best potential outcomes for your business.

Take Action Today

Marketing on social media is fundamentally different from conventional marketing. In turn, your action plan should take advantage of the unique opportunities it provides to get your business ahead.  Along with the added benefits though, come the added legal considerations you need to make to protect yourself from liability.

If you want to ensure your business is covered, please don’t hesitate to contact us.



Your online business terms and conditions 

Well written terms and conditions, go a long way to protect your business legally. They should also be easily accessible to anyone visiting your website and explain how your online business will operate through clauses such as privacy policy and refund policy.

What follows below are brief explanations of the clauses which will make your website terms and conditions as protective as possible: 

Privacy Policy

A privacy policy is an essential clause to include in your T’s & C’s.You  should include stipulations on how information is collected, what kind of information is collected, who has access to this information, how it is stored and what it is used for.

Cookie Policy

A cookie is a small file that is stored on your computer. It contains information about the website you have visited and allows other websites to tailor your online experience to these personal preferences. For example, when you log on to Facebook, you may see advertisements for the shoes you were just searching for online. This is all due to a cookie! If your website utilises cookies, you should install a cookie policy informing your visitors that cookies are used on your website.

Refund Policy

If your online business involves the sale of goods and services, you need to be clear on your refund policy. The refund policy must be in line with the the Consumer Protection Act and should not prohibit refunds. In certain circumstances, a consumer is legally entitled to a refund, while in others, they may not be entitled to a refund, exchange or credit note. There are similar rules for the provision of services.

Amending your terms and conditions

All good terms and conditions include a clause which allows the website owner or operator to amend the terms and conditions at any time, without notice. You should provide a statement informing visitors that you can amend your terms and conditions without notice.


A clause relating to copyright ownership is an important part of your terms and conditions. You are automatically protected by copyright if you have created something new. You don’t need to register your creation or pay a fee, you are automatically granted this protection. However, others might believe that you have violated their copyright. A copyright clause can potentially protect you against liability from visitor’s claiming copyright ownership of anything on your website.

In order to protect yourself further, you should acknowledge any unoriginal work on your website. For example, if you use an image created by someone else, you should state that they took the photo or created the image.

There are several other clauses that you can include in your terms and conditions to cover all your possible liabilities. These include the following:

Website ownership

• Visitor’s agreement

• Liability limiting clause

• Third party material

• Consequences of use

It’s always best to have a professional assist you with these. Give us a call today to schedule your legal consultation or to get yours.


Team Lenoma Legal


+2774 560 8063