Yes, you must obtain your employees’ written consent before using their images in any form of marketing materials, including social media posts. Illinois law requires obtaining an individual’s written consent before using their identity for commercial purposes, such as selling, advertising, and fundraising. Using an employee’s image to market your products or services on Facebook or in any other medium constitutes a commercial purpose, triggering the law’s written consent requirement.

For resources related to our guidance, please see:

• Right of Publicity Act, 765 ILCS 1075/30 (“A person may not use an individual's identity for commercial purposes during the individual's lifetime without having obtained previous written consent from the appropriate person or persons specified in Section 20 of this Act or their authorized representative.”)

• Right of Publicity Act, 765 ILCS 1075/5 (“‘Commercial purpose’ means the public use or holding out of an individual's identity (i) on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; (ii) for purposes of advertising or promoting products, merchandise, goods, or services; or (iii) for the purpose of fundraising.”)