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Public Release Form Template for Hong Kong

A Hong Kong Public Release Form is a legal document that grants permission to use an individual's personal information, image, likeness, voice, or other attributes for specified purposes. Governed by Hong Kong law, particularly the Personal Data (Privacy) Ordinance and relevant intellectual property legislation, this document provides organizations with the necessary authorizations while protecting individual rights. It includes specific provisions for data protection, usage rights, and territorial scope, ensuring compliance with Hong Kong's legal requirements for consent and personal data handling.

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What is a Public Release Form?

The Public Release Form is an essential legal document used in Hong Kong when organizations need to obtain formal permission to use an individual's personal information, image, or likeness. This document is particularly crucial in today's digital age, where content can be distributed across multiple platforms and jurisdictions. The form must comply with Hong Kong's legal framework, including the Personal Data (Privacy) Ordinance (Cap. 486) and relevant intellectual property laws. It typically includes detailed provisions about the scope of use, duration, territory, and specific permissions granted. Organizations commonly use this Public Release Form for marketing materials, promotional content, educational purposes, or public communications, ensuring they have proper authorization while protecting both the organization's interests and the individual's rights under Hong Kong law.

What sections should be included in a Public Release Form?

1. Parties: Identification of the person granting the release ('Releasor') and the entity receiving the rights ('Company')

2. Background: Brief context explaining the purpose of the release and the relationship between the parties

3. Definitions: Key terms used in the agreement, including 'Content', 'Materials', 'Usage Rights', and 'Territory'

4. Grant of Rights: Comprehensive description of the rights being granted, including usage, reproduction, distribution, and modification rights

5. Scope of Release: Detailed specification of what is being released (images, recordings, likeness, name, etc.) and the contexts in which they can be used

6. Territory and Duration: Geographical scope and time period for which the release is valid

7. Consideration: Statement of consideration provided (if any) or acknowledgment that the release is given voluntarily

8. Representations and Warranties: Releasor's confirmation of their right to grant the release and understanding of its implications

9. Data Privacy Consent: Specific consent for personal data processing in compliance with Hong Kong's Personal Data (Privacy) Ordinance

10. Governing Law: Specification of Hong Kong law as the governing law

What sections are optional to include in a Public Release Form?

1. Minor Consent: Additional section required when the releasor is under 18, including parent/guardian consent

2. Commercial Usage: Additional provisions for commercial exploitation of the released materials

3. Social Media Rights: Specific provisions for social media usage and digital platforms

4. Moral Rights Waiver: Waiver of moral rights in jurisdictions where applicable

5. Translation Clause: Required when providing bilingual versions, specifying which language prevails

6. Revocation Rights: Optional clause specifying if and how the release can be revoked

7. Compensation Terms: Required when the release is given for payment or other consideration

What schedules should be included in a Public Release Form?

1. Schedule 1 - Released Materials: Detailed list or description of specific materials, images, or content covered by the release

2. Schedule 2 - Permitted Uses: Comprehensive list of specific permitted uses and contexts

3. Schedule 3 - Personal Data Collection Statement: Detailed statement complying with Hong Kong's Personal Data (Privacy) Ordinance requirements

4. Appendix A - Sample Materials: Examples or copies of the materials being released, if applicable

5. Appendix B - Specific Platforms and Media: List of specific platforms, media, or channels where the materials may be used

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

Ƶ

Cost

Free to use

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