Using real people in your marketing can bring your brand to life - whether it’s a staff profile on your website, customer testimonials on Instagram, or a professional photoshoot for your next product launch.
But if you’ll publish someone’s image or likeness, you should have the right legal permission in place. That’s exactly what a model release form is for.
In this guide, we’ll explain what a model release form is, when you need one in Australia, the key clauses to include, how to roll them out in your workflow, and the related documents most small businesses should consider.
A model release form is a written permission from an identifiable person (the “model”) allowing your business to capture, use and publish their image, voice, or likeness for specified purposes (for example, advertising, social media, or editorial use).
It protects your business by documenting consent and the scope of use. In Australia, there isn’t a single “right of publicity” law, so releases work together with privacy, consumer and intellectual property laws to reduce risk when you publish people’s images.
Put simply, a Model Release Form gives you a clear, written record that you have permission to use the content in the ways your business needs.
As a rule of thumb, get a signed release whenever a person is identifiable in content you plan to use commercially (marketing, advertising, paid campaigns, packaging, or monetised content). This applies whether you shot the content yourself or hired a photographer or videographer.
Common Business Scenarios That Need A Release
- Website banners and product pages featuring people
- Social media posts, ads and boosted content with faces or voices
- Case studies and testimonials that include photos or video
- Print advertising, brochures, point of sale materials
- Brand films, event recaps and training materials used externally
What About Crowds Or Public Places?
Australian law doesn’t generally stop you photographing people in public. However, if an individual is identifiable and you use the image to promote your business, you should still get their consent via a release.
For large events, you might post clear notices at entry and include consent wording in your ticket terms. For close-ups or hero shots, get specific releases from the featured individuals to avoid disputes.
Employees, Contractors And Influencers
Even if your talent is “in-house”, don’t rely on informal permission. Build releases into your onboarding and production processes. For influencers or user-generated content, be careful: a DM saying “sure!” is not the same as a signed release that covers scope, timing, and edits.
Minors And Vulnerable People
If the person is under 18, you’ll usually need a parent or legal guardian to sign. If you’re capturing images in sensitive settings (e.g. medical, disability support, or schools), stricter consent processes and careful handling of personal information will apply. In these cases, combine your release with a robust Privacy Policy and internal privacy procedures.
Model Release Vs Other Releases: What’s The Difference?
Releases come in different flavours. Choosing the right one depends on who or what is in the content, and where it will be used.
Model Release
Permission from a person for you to capture and use their image/likeness. Best for photoshoots, staff profiles, testimonials and campaign assets featuring identifiable individuals.
Talent Release
A Talent Release Form is closely related to a model release, but is often used where someone performs or contributes creative input (e.g. presenters, voiceover artists, actors). It typically includes broader rights, moral rights consents and obligations tied to performance or creative services.
Photography/Video Consent
Where shooting is ongoing (schools, events, programs) or the context is sensitive, you might use a standing Photography/Video Consent Form that covers recurring content capture and practical consent administration (opt-in/opt-out lists, contact preferences, etc.).
Location Release
If you’ll prominently feature someone’s property (storefront, office, home, or artwork), a Location Release Form helps you obtain permission from the property owner to film or photograph on site and publish the results.
Filming Releases For Productions
For more complex shoots, you’ll often use a bundle of releases and production agreements. If this is you, it’s worth reading a primer on creating a release form for filming in Australia to understand how the pieces fit together.
A well-drafted model release is more than a signature under “I consent.” It should clearly set out what you can do, for how long, and on what terms. Key clauses include:
1) Parties And Identification
List your business’ legal details and accurately identify the model. If a minor, include the parent/guardian’s details and capacity.
2) Scope Of Rights Granted
Spell out the rights you are receiving (to capture, use, reproduce, edit, adapt, publish and communicate the content) and the media and channels covered (print, online, social, broadcast, out-of-home).
3) Purpose Of Use
Define the purposes (e.g. advertising, marketing, promotional, internal training). If you want flexibility for future campaigns, use clear but appropriately broad wording. If you need editorial or paid advertising rights, say so.
4) Duration And Territory
State how long you can use the image (e.g. perpetual or a set term) and where (Australia-only or worldwide). If your business plans to grow, future-proof this section.
5) Alterations And Derivative Works
Allow reasonable editing (cropping, colour grading, retouching, composites) while staying respectful. If you intend to use AI tools or create substantial composites, be transparent in the wording.
6) Moral Rights Consents
Australian creators have “moral rights” relating to attribution and integrity of their work. If the model also contributes creative input (e.g. performer), consider including appropriate moral rights consents within a talent release or performance agreement.
7) Consideration (Payment/Benefit)
Identify what the model receives in exchange for the release: fee, gift card, products, or another benefit. Even if it’s voluntary participation, acknowledgement of consideration helps the contract’s enforceability.
If you collect names, contact details or other personal information, the release should reference how you handle that data and link back to your Privacy Policy. If content reveals sensitive information (health, disability, ethnicity, beliefs), use extra care and obtain explicit, informed consent.
9) Warranties, Indemnities And Liability
Standard commercial terms can help manage risk - for example, the model confirms they’re legally able to grant the rights, and you limit liability within reason. This should be balanced and tailored to your use case.
10) Revocation And Withdrawal
Make it clear whether consent is revocable and, if so, how. In many commercial contexts, you’ll want non-revocable consent for materials already created or disseminated, with a pragmatic process for future use if the model withdraws consent.
11) Signatures And Authority
Ensure the release is signed by the right person (or parent/guardian, where relevant) and dated. Keep a record of how and when consent was obtained, including any accompanying documentation (proof of identity if necessary).
How To Implement Model Releases (And The Other Documents You’ll Need)
Great releases don’t help if they’re not used consistently. Build simple, repeatable steps into your workflow so the right paper (or digital form) is always in place before you publish.
Step 1: Map Your Content Touchpoints
Identify where your business captures or publishes identifiable people - onboarding headshots, product shoots, client success stories, events, or training materials. For each scenario, choose the appropriate release type (model, talent, or location) and determine when consent will be requested.
Step 2: Make It Easy To Sign
Use clear, mobile-friendly forms with plain-English explanations. Train staff and contractors on when to use them. Keep signed PDFs or digital records in a central place that marketing, HR and legal can access when needed.
Step 3: Use A Consent Checklist On Shoot Days
On productions, have a stack of releases or digital links ready to go. Assign responsibility (e.g. producer or photographer) for checking that everyone on camera has signed. For minors, ensure guardians sign before filming begins.
Step 4: Align Your Contracts And Policies
Releases are only one part of the picture. For creator collaborations or behind-the-scenes planning, consider a Non-Disclosure Agreement to protect confidential concepts before the campaign is public.
If a contractor or staff member is taking the photos, make sure your agreement covers who owns the copyright and how assets can be used. If you sell or license content, a tailored photographer or creator agreement can help. If you’re developing a broader brand presence, it’s also wise to register your trade mark for your name or logo.
Step 5: Keep Privacy And Data Handling Tight
If you collect signatories’ details, store them securely and explain how you’ll use them via your Privacy Policy. If you operate in health, disability, education or other sensitive sectors, implement extra safeguards and ensure your consent wording is specific and informed.
Step 6: Maintain A Permissions Register
Keep a simple log of who signed what, when, and for which purpose. Add expiry dates if your releases are time-limited. Before repurposing assets for a new campaign or platform, check that your permissions cover the intended use, territory and duration.
Other Documents That Often Sit Alongside A Model Release
- Model Release Form: Your core permission to capture and publish an identifiable person’s image or likeness for commercial use.
- Photography/Video Consent Form: A practical consent form for ongoing or sensitive environments, especially where you’re filming regularly across programs or events. You can use a dedicated Photography/Video Consent Form when that suits your operations.
- Talent Release Form: Where someone performs or contributes creative input, a Talent Release Form typically grants broader rights and includes performer-specific terms.
- Location Release Form: If shooting on private property or featuring a recognisable venue, a Location Release Form gives you the right to film and publish from that site.
- Non-Disclosure Agreement (NDA): A Non-Disclosure Agreement helps protect campaign concepts, strategy and confidential materials during planning.
- Privacy Policy: A compliant Privacy Policy explains how you collect, store and use personal information captured during the release process.
- Trade Marks: If your content builds brand equity, consider trade mark registration for your brand name and logo to protect your identity across campaigns.
Practical Tips To Avoid Common Pitfalls
- Don’t rely on verbal permission or casual emails - use written releases every time.
- Capture consent before the shoot wherever possible. Chasing signatures after the fact risks delays or refusals.
- Be specific about paid advertising, overseas use, and edits. If you plan to boost posts or syndicate content, include that explicitly.
- Store releases and link them to file names or asset IDs so your team can quickly confirm permissions.
- If you change the use significantly (e.g. a testimonial becomes a national ad), check that your existing release covers it or get a fresh one.
Key Takeaways
- A model release form is your written permission to capture and use a person’s image or likeness for commercial purposes, protecting your business when you publish content.
- Get releases whenever an individual is identifiable in marketing materials - including websites, social media, ads, print and video - and use guardian consent for minors.
- Choose the right document for the job: model releases for identifiable people, talent releases for performers, and location releases for property you feature.
- Strong releases include clear scope, purpose, duration, territory, edit rights, consideration, privacy wording and appropriate signatures.
- Build releases into your workflow with easy digital signing, a permissions register, and aligned contracts and policies (NDA, Privacy Policy, and creator agreements).
- Protect your broader brand and reduce risk by pairing releases with sensible IP, privacy and compliance practices as your campaigns scale.
If you’d like a consultation on drafting or rolling out model release forms for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
