Using real people in your marketing is powerful - social proof drives clicks, conversions and trust. But before you publish a photo, video or testimonial featuring someone’s face, you’ll want the right permission in place.
That’s where a model release form comes in. It’s a simple document that protects your business when you use someone’s image commercially in Australia, whether you’re running a photoshoot, collecting user‑generated content (UGC), or capturing event footage for social media.
In this guide, we’ll explain when you need a model release, what it should include, how to roll it out in your business, and the related Australian laws to keep in mind so your brand can market confidently.
A model release form is a written permission from the person appearing in your content (the “talent”) that allows your business to capture and use their image, likeness, voice or other personal attributes in specified ways.
For small businesses, this often covers photos, videos, reels, ads, case studies, and website content that promote your products or services. If you plan to use content for a commercial purpose - for example, advertising your gym, selling a course, promoting an app or showcasing client results - you should have a signed release.
In Australia, there’s no single statute that always requires a model release. However, without one, you can run into claims around privacy, passing off, misleading conduct, defamation, breach of confidence, or disputes about how and where the content is used.
Practically, a release gives you clear, written consent and sets expectations around usage, edits, timeframes, and payment. It also helps you manage rights across platforms, campaigns and partners.
If your content includes on‑camera dialogue or performances, you’ll often use a broader
Talent Release Form (which still functions as a model release) to cover voice, performance and moral rights consent too.
Do You Always Need Consent To Use Someone’s Image In Australia?
Even if you’ve filmed in a public place, commercial use is different to personal use. Relying on “it’s in public, so it’s fine” is risky if the footage focuses on identifiable people and promotes your business.
While there isn’t a general “right to privacy” tort in Australia, using a person’s image commercially without consent can trigger other legal issues. A clear, signed release is the safest path.
Public Spaces, Events And Crowd Shots
Wide shots of crowds where individuals are not the subject carry less risk than close‑ups of identifiable faces used to endorse your brand. If a person is the focus of your marketing asset, secure a release.
If you’re filming on private property (e.g. a showroom or venue), also consider a location permission. A
Location Release Form sets out your right to enter, film and use footage from that space.
For a deeper look at the boundaries around consent, see our guide to
photography consent laws in Australia and our overview on
filming without consent.
UGC is great, but posting a customer’s tagged content on your business channels (especially in ads) should be covered by a release or a clear licence. A DM saying “Yes” might not be enough for paid campaigns or edits outside the original post’s context.
Best practice is to send a brief release and store it with the asset. If in doubt, use a short form release workflow (more on this below).
Working With Minors
If the person is under 18, get a parent or legal guardian to sign. A standard model release isn’t sufficient for minors. Use a dedicated
Parental Consent Form that authorises capture and commercial use, and confirm any extra rules at schools, clubs or venues.
Creators, Contractors And Staff
If you engage creators or extras as contractors, your agreement should include image use rights in addition to payment, deliverables and timelines. You can pair a release with a
Contractor Agreement so both the engagement and the content usage are covered end‑to‑end.
For employees, your employment contracts and policies can include promotional use clauses. Still, it’s wise to use an individual release for any campaign where a staff member’s identity will be central to the messaging.
Your release should be clear, specific and fit for your business model. At minimum, consider the following clauses.
- Permission (Licence) Or Assignment: State whether the talent is granting your business a licence to use their image or assigning any rights in the performance. A broad, irrevocable licence is commonly used for marketing.
- Permitted Uses: List the mediums and purposes - e.g. website, social media, paid ads, print, PR, internal training - and whether edits, cropping, filters, AI enhancements or composites are allowed.
- Territory And Duration: Specify where (Australia only or worldwide) and how long (fixed term or perpetual) you can use the content. Perpetual, worldwide rights are typical for evergreen campaigns.
- Compensation: Capture any fee, voucher or other consideration. Even a nominal amount helps support the agreement.
- Moral Rights Consent: In Australia, performers have moral rights (e.g. not to have their work treated in a derogatory way). Include consent to reasonable edits and to not being attributed, if relevant.
- Privacy And Sensitive Information: State that the content may reveal personal information (e.g. likeness, voice) and that the talent consents to collection and use for the stated purposes. Pair this with a clear Privacy Policy on your site.
- Third-Party Sharing: If agencies, platforms, distributors or partners will use the content, include a right to sub‑licence.
- No Further Approval: Clarify that the talent doesn’t need to approve each use and that you have editorial discretion.
- Warranties And Indemnity: Confirm the talent is legally able to grant the rights (and, if applicable, that a parent/guardian is signing for a minor).
- Revocation And Takedown: State whether consent is revocable and set practical limits (for example, you can remove future uses but can’t recall printed materials or past posts).
If your shoot involves dialogue or performance, a comprehensive
Talent Release Form will usually include these elements plus additional performance‑specific terms.
Step-By-Step: Putting Model Releases In Place For Your Business
Building a simple, repeatable process will save time and reduce risk as your content output grows.
Use a short model release for day‑to‑day marketing and a broader
Talent Release Form for shoots with performance, dialogue or multiple deliverables. For interviews or brand films shot on private premises, pair it with a
Location Release Form.
If you’re filming for broadcast or longer‑form digital content, see our practical guide on
creating a release form for filming in Australia.
2) Collect Consent Before The Camera Rolls
Brief the talent and collect signatures before you start. Digital signatures are fine - just ensure you can verify who signed and when. Keep the form in plain English and highlight the key permissions you’re seeking.
3) Build Consent Into Your Workflow
For regular shoots or events, add the release to your booking process or check‑in flow. For UGC, use a short form workflow (for example, reply with a link to a consent form, not just “reply YES”).
If you’ll edit, crop or use AI tools on the content, say so upfront. Transparency builds trust and reduces disputes later.
4) Store, Tag And Track
Centralise your releases alongside the related files. Tag assets by consent scope (e.g. “organic only” vs “paid OK”, or “Australia” vs “global”) so your marketing team knows what’s cleared for which channel.
5) Align Your Contracts And Policies
Make sure your creator agreements, competition terms and website capture the same permissions. For instance, if you run a customer photo competition, your entry terms should grant a licence to use submissions commercially, and your site should be backed by a clear
Website Terms and Conditions and a visible
Privacy Policy.
6) Review Edge Cases
Think through sensitive contexts (health, children, cultural sensitivities) and tighten your forms accordingly. If minors are involved, switch to a
Parental Consent Form and follow any venue or school rules.
How Model Releases Interact With Other Australian Laws
A strong release is one piece of the compliance picture. Keep these legal touchpoints in mind as you plan campaigns.
Australian Consumer Law (ACL)
Endorsements must be truthful and not misleading. If a model is presented as a genuine customer, make sure they are - and that any claims are accurate. Section 18 of the ACL prohibits misleading or deceptive conduct; see our overview of
section 18 of the ACL for context.
Copyright And Ownership
Owning the footage isn’t automatic just because you paid for a shoot. Ensure your contract with the photographer or videographer assigns IP or grants you a broad licence. When you license or share content with collaborators, a tailored
Copyright Licence Agreement can set clear boundaries on how, where and for how long the material may be used.
Privacy And Data
Personal information includes images of identifiable people. If you collect and store images, let people know how you’ll use them and secure the files appropriately. Your
Privacy Policy should explain this in plain language, and you should only use content within the scope of consent.
Defamation, Passing Off And Reputation
Even with a release, avoid pairing a person’s image with claims or contexts that could harm their reputation. Don’t imply they use or endorse your product unless that’s true and permitted by the release.
Public Vs Private Property And Permissions
Shooting on private land (shops, gyms, clinics, studios) generally requires the owner’s permission. Use a
Location Release Form to avoid disruption or takedown requests later.
What Legal Documents Will You Need?
Every business is different, but these documents commonly work together to safeguard your image rights and campaign assets.
- Talent Release Form: Covers consent to capture, use and edit a person’s image/voice for commercial purposes. A comprehensive version functions as a model release for photo and video. (See our Talent Release Form.)
- Parental Consent Form: Required when featuring minors; signed by a parent or legal guardian to authorise filming/photography and usage. (Parental Consent Form.)
- Location Release Form: Permission from the property owner to enter, film/photograph and use content captured on site. (Location Release Form.)
- Copyright Licence Agreement: Sets out the licence or assignment of IP from creators (photographers, videographers, editors) so your business can use and re‑use the assets. (Copyright Licence Agreement.)
- Contractor Agreement: Engagement terms with creators, extras or influencers, including deliverables, fees, timelines and IP/usage rights. (Contractor Agreement.)
- Privacy Policy: Explains how your business collects, stores and uses personal information in images and videos, and how people can contact you about it. (Privacy Policy.)
- Website Terms And Conditions: House rules for your website, including UGC terms, competitions and how submissions may be used. (Website Terms and Conditions.)
For documentary or branded content projects, our one‑page guide to creating a release form for filming offers extra context on production‑specific consents.
Key Takeaways
- A model release form is the safest way to get clear, written consent to use someone’s image in your Australian marketing and advertising.
- Consent is especially important for close‑ups, endorsements, paid campaigns, private premises and any content featuring minors (use a Parental Consent Form for under‑18s).
- Strong releases cover permitted uses, territory, duration, edits, moral rights consent, compensation and sub‑licensing to partners and platforms.
- Build consent into your workflow: collect releases before filming, store them with assets, and tag usage scope so your team knows what’s cleared.
- Model releases sit alongside other laws and documents, including the ACL for truthful endorsements, IP ownership with creators, a Privacy Policy, website terms and location permissions.
- Getting tailored documents in place early reduces takedown requests, campaign delays and disputes - and lets you scale your content confidently.
If you’d like a consultation on setting up model release workflows and documents for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
