Ohio's right-of-publicity statute, Revised Code § 2741, is narrower than what you'll find in California, New York, or Illinois. That narrow scope is not a gift to photographers. It means the statute leaves specific gaps that a poorly worded release, or no release at all, cannot cover. If you shoot commercial work in Ohio, this checklist walks you through exactly what the statute demands and where it goes quiet.
Note: This article is based on standard industry practice as documented by ASMP and PPA. It is not legal advice. Consult a licensed Ohio attorney for guidance on your specific situation.
What Ohio Revised Code § 2741 Covers (and What It Leaves Out)
Ohio Revised Code § 2741 protects a person's "persona," defined as an individual's name, voice, signature, photograph, image, likeness, or distinctive appearance. In practice, § 2741 applies specifically to commercial use of those attributes.
What the statute leaves out matters just as much. It does not address false-light claims, defamation tied to image use, or the full range of privacy torts under Ohio common law. The statute also has no explicit provision governing digital manipulation, composites using a person's likeness, or derivative works. If your commercial workflow involves heavy retouching or composite imagery, your release language needs to spell that out directly.
The 3 Commercial-Use Triggers That Activate § 2741 Liability
Under § 2741, liability attaches when a person's persona is used for a commercial purpose without written consent. Three common shoot scenarios trip this wire:
- Advertising and promotion. Any image used to sell a product, service, or brand counts, including social media posts where a client tags a product alongside your image. See the Model Release Form: Commercial vs. Editorial Use guide for a deeper breakdown.
- Merchandise. Selling prints, posters, or products bearing a recognizable likeness is a direct § 2741 trigger, even if the image started as a fine-art project.
- Fundraising and sponsorship materials. Using a subject's image in a nonprofit campaign or to attract sponsors counts as a commercial purpose under Ohio law, even without a direct sale.
Editorial use by news organizations and First Amendment-protected commentary is exempt. But "editorial" has a specific legal meaning. A client calling something editorial to avoid a release does not make it editorial under Ohio law.
Written Consent: What Your Release Needs to Say
Section § 2741.02 requires written consent for commercial use of a persona. Verbal agreements are not enough. Standard industry practice, drawn from ASMP and PPA guidelines, points to these elements your ohio model release form should include:
- Full legal name of the subject
- A description of the specific commercial use or uses being authorized
- Scope of media covered (print, digital, social, broadcast)
- Consideration received (even one dollar qualifies)
- Subject's signature and date
A generic free template often skips the media scope or leaves the commercial-use description vague. That vagueness creates arguments about whether a specific use was actually authorized. See Free Model Release Form PDF: Gaps to Fix for a breakdown of where standard templates fall short.
Post-Mortem Rights and Why You Need a Perpetual Clause
Ohio Revised Code § 2741.02 extends right-of-publicity protection for 60 years after an individual's death. That means the estate of a deceased subject can assert a claim against commercial use of images taken during that person's lifetime, if the use happens within that window and no written consent covered it.
For photographers licensing stock images or selling long-term usage rights to brands, this matters. A release that expires in five years leaves the door open. A perpetual, irrevocable grant closes it. Read Model Release Form Expiration: Perpetual Terms for a full explanation of why perpetual terms belong in every commercial release.
Ohio's 60-year post-mortem term is longer than New York's historical standard and comparable to Illinois, which covers 50 years under 765 ILCS 1075. California runs 70 years under Civil Code § 3344.1.
States like Texas (§ 26.012) and Florida (§ 540.08) have more prescriptive statutes that spell out what consent must include. Ohio's statute is comparatively sparse, which puts more drafting burden on the release itself. If you shoot across state lines, scope the release for the most demanding jurisdiction. A release that satisfies Ohio may not satisfy New York's §§ 50 and 51 if the client publishes in both markets.
Get Your Ohio Model Release Signed Before the Shoot Wraps
The practical answer to Ohio's gaps is straightforward: get a properly scoped ohio model release form signed on set, before anyone leaves. Chasing signatures after the shoot is unreliable, and a subject who has second thoughts has no obligation to sign.
SignedShoot generates model release forms built on standard ASMP/PPA industry practice, covering commercial-use scope, media channels, perpetual terms, and consideration, in a format the subject can sign from any device on set. The document is built in your browser and subject details are never uploaded to a server. You leave with a signed PDF before the lights come down.
For shoots involving multiple subjects, see the Group Photography Release Form: Who Signs What guide. Then use the model release form tool to build one that covers every base before your next Ohio shoot.