If you’re a small business or startup, filming can be one of the fastest ways to build trust, educate customers and drive sales. A simple “behind-the-scenes” reel, a client testimonial video, a product demo, or a founder story can do a lot of heavy lifting for your brand.
But filming also comes with legal risk - and it’s easy to overlook when you’re moving quickly, working with creators, or capturing content on the fly. The good news is that most issues are avoidable if you treat filming like any other business activity: plan it, document it, and get clear permission where needed.
Below is a practical, business-focused legal checklist for filming in Australia - designed to help you create content confidently, protect your brand, and reduce the risk of disputes with customers, staff, contractors, venues or the public.
Important: this checklist is general information only and doesn’t take into account your specific circumstances. Filming and recording rules can vary by state and territory (especially for audio and surveillance). If you’re unsure, get legal advice for your situation.
1. Clarify What You’re Filming (And Where It Will Be Used)
Before you press record, take 10 minutes to define the scope of your project. This helps you identify which permissions, releases and other documents you’ll need - and which risks to manage.
Start With These Practical Questions
- What are we filming? (product demo, event coverage, staff training, customer testimonials, ads, social media content)
- Where are we filming? (your premises, a public place, a shared workspace, a customer’s premises, a venue, a retail store)
- Who will appear on camera? (employees, customers, contractors, the general public, minors)
- Will we record audio? (interviews, background conversations, phone calls, voiceovers)
- How will it be used? (organic social posts, paid ads, website, email marketing, investor deck, internal training)
- How long do we want to use it? (one campaign vs “evergreen” content)
These details matter because permissions and compliance steps are often tied to purpose (for example, using footage in paid advertising can raise different issues to posting a casual story - including consumer law and reputational risk).
It can also affect what you ask people to sign (for example, a release that covers “all media, worldwide, in perpetuity” is common for marketing content, but you still want it to be fair, accurate, and appropriate for your audience and context).
2. Get The Right Consents (People, Places, And Private Property)
The fastest way to get into trouble with filming is to assume “if it’s on camera, we can post it”. From a business perspective, your goal should be to build a clear paper trail showing you had permission to capture and use the footage where consent is required or strongly recommended.
People On Camera: Consent Is Your Best Friend
In Australia, it isn’t always legally required to get written consent from someone simply because they’re filmed (for example, filming in a public place can be different to filming in a private setting). However, if an identifiable person appears in your content, getting their written consent is often the safest and most commercial approach - especially if you’ll use the footage for marketing, advertising, or anything that could imply endorsement.
This is particularly important for:
- customer testimonials
- case study videos
- street interviews (“vox pops”)
- filming in-store where customers might be visible
- events where attendees could be identifiable
A solid way to manage this is to use a consent/release document that matches the scenario - for example, a Model Release Form when someone is featured as talent in your shoot.
If you’re filming more generally and want permission for broad promotional use, it may also be appropriate to use a media release form that clearly covers how you’ll use the footage.
Also remember that consent/release forms don’t replace other legal obligations - for example, you should still be careful about making misleading claims, showing confidential information, or publishing content that could damage someone’s reputation.
Minors: Get A Parent/Guardian Consent
If anyone under 18 is identifiable in your footage, treat it as a higher-risk scenario.
From a practical standpoint, you should:
- avoid filming minors unless it’s genuinely necessary
- get written consent from a parent or legal guardian
- be extra careful about how and where the footage is used (particularly paid ads)
Even if minors are “in the background”, you should still consider whether they’re identifiable and whether posting the footage could create complaints, safety issues or reputational risk.
Private Property And Venues: Don’t Assume You Have Rights To Film There
If you’re filming on private property (including venues, co-working spaces, shopping centres, cafes, gyms, or a client’s premises), you generally need the property owner’s or occupier’s permission to film there - and they may impose conditions (including “no commercial filming”).
Even if you have permission to enter the premises, that doesn’t always mean you have permission to film or use the footage commercially.
For shoots involving a specific location, a Location Release Form can help confirm what you’re allowed to film and how you can use the footage (and avoid last-minute disputes about signage, branding, or “no filming” rules).
Public Places: Permission Isn’t Always Required, But Rules Still Apply
If you’re filming in a public place, you may not need consent from every person who is incidentally in the background - but you still need to manage risk. For example, you should be careful about filming in ways that are intrusive, unsafe, misleading, or likely to cause complaints, and you may still need permits or approvals depending on the location (for example, councils, transport hubs, or certain events).
Filming Without Permission: Understand The Risk
If you’re unsure whether you’re allowed to film (or to publish what you filmed), it’s worth slowing down and checking. Complaints can escalate quickly when footage includes identifiable people, sensitive conversations, or private settings.
If you want a deeper overview of the issue in a business context, filming without consent is a useful topic to understand before you build your content workflow.
3. Check Audio Recording Rules (Especially For Calls And Interviews)
Many businesses focus on visuals and forget the legal issues that come with audio. But audio often creates the bigger risk - because it can capture private conversations, confidential information, or legally protected material.
Are You Recording Conversations During Filming?
If you’re filming interviews, testimonials, or “behind-the-scenes” content where people are talking, make sure your consent process covers both:
- being recorded (video/audio capture), and
- how the recording will be used (posting online, using in ads, internal training)
This is where a clear release form and a simple on-the-day process helps (for example: “Just confirming you’re happy for us to record this and use it on our socials and website?”).
Recording Phone Calls For Business Purposes
If your filming project includes recording phone calls (for example, capturing sales calls for training content, recording customer support calls, or using call snippets in marketing), you need to be careful.
Australian rules can vary by state and territory and depending on whether everyone consents (or whether a party to the call is doing the recording). It’s not something you want to guess. As a starting point, it’s worth understanding recording phone call obligations and what “consent” can look like in practice.
From a business operations perspective, you should also think about:
- how you notify people that calls are recorded
- how long you store recordings
- who has access internally
- whether you’re capturing personal information
4. Don’t Forget Privacy, CCTV, And Workplace Filming Obligations
Small businesses often film in the real world - shops, studios, warehouses, clinics, offices, events - which means you can unintentionally capture personal information.
Two common risk areas are:
- CCTV and security footage (especially if you repurpose it for content), and
- workplace filming (employees and contractors on camera)
If you already have CCTV installed, it might feel tempting to use interesting clips for social media (for example, funny moments, incidents, or “look what happened in our store”).
This is where businesses can run into trouble. CCTV is usually installed for security and safety, and using it for marketing can raise privacy and consent issues - particularly if customers are identifiable, or if your CCTV notices/policies don’t clearly cover that kind of use.
If CCTV is part of your operations, it’s worth understanding CCTV laws and making sure your signage, internal processes, and policies align with what you’re actually doing.
Workplace Filming: Be Clear With Your Team
If your employees or contractors will be filmed (even casually, like “day in the life” content), clarity upfront helps avoid disputes later.
As a practical approach, consider:
- updating onboarding so staff understand that filming may happen
- confirming whether participation is optional (especially for marketing content)
- setting boundaries (for example, no filming in break rooms or private areas)
- making sure you don’t accidentally capture confidential information on screen (whiteboards, customer records, internal systems)
If you employ staff, having a tailored Employment Contract and clear workplace policies can make content creation smoother - particularly where filming is part of the role (such as social media managers, presenters, trainers, or founders’ assistants).
Filming can involve personal information (like someone’s face, voice, name, location, or opinions), particularly in testimonials or case study content.
Privacy obligations can depend on your circumstances (including whether the Privacy Act applies to your business, and what you do with the footage). If your business collects and handles personal information more broadly (for example through your website, mailing list, eCommerce store, lead forms or bookings), a properly drafted Privacy Policy should form part of your foundation. It’s not just a “website footer” document - it’s one of the tools that shows customers and partners you take privacy seriously.
5. Protect Your Content And Avoid Copyright/Brand Problems
From a business perspective, filming is usually about creating valuable assets - content you can reuse across platforms and campaigns. That means you should think about both sides of intellectual property (IP):
- protecting what you create, and
- avoiding infringement when using others’ material.
If you outsource filming or editing, don’t assume you automatically own the final product.
In many cases, ownership and usage rights depend on the agreement between you and the creator. To avoid awkward situations later (for example, a contractor asking you to stop using a video in ads), you’ll want a written contract that clearly covers:
- who owns the raw footage and final edits
- what usage rights you have (where you can publish it and for how long)
- whether the creator can use the footage in their portfolio
- payment terms and revision rounds
This is also useful when you work with influencers or creators - you want clarity about what they must deliver, what you can repost, and what happens if content is taken down or a campaign changes direction.
Music And Background Audio: A Common (And Costly) Trap
Using trending audio can feel like the easiest way to make content “work” - but it can create copyright issues, particularly if you’re using content commercially or across platforms.
To reduce risk:
- use properly licensed music libraries for ads and brand content
- be cautious about reusing platform audio outside that platform (for example, using a social app’s sound in a paid ad elsewhere)
- don’t assume “it was in the background” is a defence (a café radio track can still cause issues)
Trade Marks, Logos, And Brand Visibility
When filming in public or in a shared space, you may capture:
- other businesses’ signage
- branded products on shelves
- logos on uniforms
- artwork or distinctive designs in the background
It’s not always a problem, but it’s worth checking your footage before publishing - especially for paid advertising. If another brand is prominent, ask whether it creates the impression of a partnership, sponsorship, or endorsement.
From a practical workflow perspective, many businesses build a “clearance” step into post-production: review the edit for people, screens, logos, music, and confidential information before anything goes live.
6. Watch For Defamation, Misleading Claims, And “Too Good To Be True” Testimonials
Filming risks aren’t just about permissions. What you say (and what you imply) can also create legal exposure - especially when the content is promotional.
As a practical checklist:
- Don’t publish statements that could harm someone’s reputation (for example, calling out another business or individual), unless you’ve had legal advice on the specific wording and context.
- Be careful with testimonials and “results” claims: ensure they’re genuine, you have permission to use them, and they don’t create a misleading impression about typical outcomes. Consider adding clarifying context where needed.
- Avoid misleading or deceptive conduct in ads and social content (including before/after footage, limited-time offers, “was/now” pricing, and implied endorsements).
7. Consider Permits, Event Conditions, And Drone Rules
Depending on what and where you’re filming, you may need approvals beyond consent forms.
- Council or venue permits: some public spaces (or busy areas) require a filming permit, insurance, or compliance with conditions - even for small crews.
- Event terms: tickets and venue rules can restrict commercial filming, livestreaming, or use of footage for advertising.
- Drones: if you’re filming with a drone, there are strict safety rules and potential licensing/registration requirements (and additional restrictions in certain areas). If drone footage is part of your content plan, check the relevant rules before you fly.
Key Takeaways
- Filming is a business asset, so treat it like one: define the scope, plan where it will be used, and document permissions early.
- Get consent when people are identifiable, especially for testimonials, ads, or any content where someone is clearly featured - and remember rules can differ between public and private settings.
- If you film on private property or at a venue, don’t assume you can publish the footage commercially - consider using a Location Release Form.
- Audio creates extra legal risk, and rules can vary by state/territory, so be careful when recording interviews, background conversations, or phone calls.
- Privacy and workplace filming need structure - clear policies, sensible boundaries, and the right documents can prevent disputes.
- Make sure you own (or have rights to use) what you create, and avoid copyright issues with music, logos, and third-party content.
- Don’t overlook content risks like defamation and misleading advertising - especially in testimonials and promotional videos.
If you’d like a consultation on filming for your business (including consent forms, contracts for creators, and privacy compliance), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
