Use of Images and Video: US

This Use of Images and Video policy explains how your organization may capture and use employee photos, video, and likenesses for legitimate business purposes (like internal communications, training, and marketing), and what safeguards employees can expect when their image is involved. There isn't a single US federal law that universally requires a standalone "use of images" policy, but clear ground rules help reduce risk under a mix of legal and practical concerns, including false endorsement and misleading commercial use issues under the Lanham Act (15 U.S.C. sec. 1125), plus state right of publicity and privacy laws that can vary by jurisdiction.

The History Behind Use of Images and Video Policies in the US

Use of Images and Video policies grew out of the same set of concerns that show up across Company Property & Confidential Information: who controls business content, who can publish it, and what happens when it gets used in a way that hurts someone. Early disputes often centered on advertising and endorsements, where a person could be recognizable even without a name. Those fights helped normalize the idea that employers should get clear permission when they want an employee to actively participate in public-facing media.

Federal trademark law also pushed employers toward tighter controls on marketing materials. The Lanham Act's false advertising provision (15 U.S.C. 1125(a)) lets competitors and others sue over misleading commercial messages, including claims that imply an endorsement or affiliation that does not exist. Employers learned that a photo, a quote, or a "customer story" can create legal exposure if it suggests something untrue, even when the content started as an internal project.

Smartphones and social media then changed the volume and the speed. Employees began capturing workplace moments in real time, and marketing teams began publishing more "authentic" content with real employees instead of stock images. That shift made consent, context, and accuracy feel less like paperwork and more like basic risk control, especially when a single clip can travel far beyond its original audience.

Which Law is a Use of Images and Video Policy Meant to Comply With?

If you create and distribute an Use of Images and Video Policy for your US-based employees, you should be sure it complies with the US's Lanham Act, 15 U.S.C. Section 1125.

How to Write a US-Specific Use of Images and Video Policy

• Start with "why" and introduce the concept, that employees may appear in business-related photos or videos used for internal and external communications.
• Commit to using employee images responsibly and not in misleading or rights-violating ways.
• Provide a path for employees to raise concerns about appearing in public-facing content.
• Require separate written permission for projects that involve direct employee participation, like testimonials or advertising.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets US's requirements), you may not need a separate policy here. 

Other Considerations

The law applies to US employers who have at least 1 employee in the US.

This "policy" is written more as a notice rather than an agreement or a waiver, to ensure this policy's inclusion in a handbook doesn't undercut any employment-at-will disclaimer and create confusion about whether the handbook is contractual in nature. Any enforceable image release, waiver, or agreement should be its own separate, signed document.

Exceptions

None.