Do I need permission to use someone's photo or likeness in my content?

Two separate permissions are often needed: one from whoever owns the photo or footage, and one from the person shown in it. Owning the copyright in a photo doesn’t give you the right to use the person’s face to sell something.

What does the law protect?

Jurisdiction	Protection
Ontario	Common law tort of misappropriation of personality: using someone’s name, likeness or personality for commercial gain without consent, recognized in Krouse v. Chrysler Canada Ltd. (1973) and applied in Athans v. Canadian Adventure Camps Ltd. (1977). Courts also recognize privacy torts for serious intrusions (Jones v. Tsige, 2012 ONCA 32) and public disclosure of private facts (Jane Doe 72511 v. Morgan, 2018 ONSC 6607)
British Columbia	The Privacy Act makes it a tort to use a person’s name or portrait for advertising or promotion without consent
Quebec	The Civil Code protects the right to one’s image and privacy; using a person’s name, image, likeness or voice for any purpose other than the legitimate information of the public can be an invasion of privacy. The Supreme Court of Canada applied this to a photo taken in public in Aubry v. Éditions Vice-Versa inc., [1998] 1 S.C.R. 591
Privacy law	A business collecting identifiable images in commercial activity is collecting personal information under PIPEDA; journalistic, artistic and literary purposes are exempt under s. 4(2)(c), commercial uses are not

Saskatchewan, Manitoba and Newfoundland and Labrador have privacy statutes similar to British Columbia’s, which treat using a person’s name, likeness or voice to advertise or promote without consent as a violation of privacy. See, for example, Newfoundland and Labrador’s Privacy Act, s. 4(c).

Does filming in public change anything?

It lowers the risk for incidental, editorial use, such as a crowd in the background of a vlog. It doesn’t make commercial use safe. Featuring an identifiable stranger in an ad or sponsored post, especially in Quebec, calls for consent.

What should a release cover?

• Who is granting rights, and to whom (including the brand, if you’re a creator).
• Which content, and which uses: organic social, paid ads, website, print, AI edits.
• Territory and duration.
• Payment, or a statement that none is due.
• Whether the person can withdraw, and what happens to content already published.
• For minors, signature by a parent or guardian.

Keep releases with the content files. See usage rights and licence vs assignment.

What about customer photos and testimonials?

Reposting a customer’s photo or review in marketing needs their permission, and if they got anything in return, the connection must be disclosed. The Competition Act treats testimonials as representations. Clinics also need to follow PHIPA and college rules on patient images. See what health claims a wellness business can make.

What about AI and digital likenesses?

Creating or altering someone’s likeness or voice with AI for commercial use carries the same risks, and brand contracts increasingly address it directly. See commissioning UGC: whitelisting and AI edits and influencer agreement clauses.

What to do next

We prepare content licensing agreements and review brand deal contracts, at fixed fees on our fees page.

This guide is general information about Canadian law, not legal advice for your situation. If someone’s likeness was used without consent, book a free 15-minute consult.