Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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If your business publishes photos, videos, testimonials or interviews that feature real people, a clear media release form lets you use that content confidently and ethically.
It’s the simple step that prevents awkward takedown requests, confusion over consent and legal headaches later. Best of all, once your process is in place, collecting consent becomes quick and routine for your team.
In this guide, we’ll explain what a media release form is, when you should use one in Australia, what to include, and how to set up a practical, repeatable process that protects your brand. We’ll also cover the key Australian legal issues to keep in mind and the related documents that help round out your compliance.
What Is A Media Release Form?
A media release form (also called a photo, image or video release) is a short agreement where an identifiable person gives you permission to use their image, voice, name, story or other personal attributes in content or communications.
Typical uses include staff headshots on your website, customer video testimonials, case studies, event photos, PR campaigns, podcasts, product shoots and behind‑the‑scenes clips for social media.
At its core, a media release form records informed consent. It sets expectations about where the content may appear, for how long, and on what terms. It also gives you proof of permission if questions arise in future.
Do You Need A Media Release Form In Australia (And When)?
There’s no single law that says “you must have a media release form” for every photo or recording. Instead, you should think about risk and context. If a person is identifiable and you plan to publish their image, voice or story for your business, getting written consent is best practice and often critical risk management.
Common situations where a signed release is recommended include:
- Close‑up photos or videos (e.g. employee profiles, customer testimonials, creative campaigns)
- Interviews, quotes, or case studies that identify a person
- Audio recordings (e.g. podcasts, ads, voiceovers)
- Any content that could be used repeatedly, across channels, or paid campaigns
- Content featuring children or young people (consent from a parent or legal guardian is essential)
What about public events or crowd shots? If people could reasonably expect photography (for example, at a public event), prominent signage or a general notice may be acceptable for wide crowd shots. But if you focus on an identifiable person, interview someone, or plan to reuse the content commercially, get a signed release.
Audio is a special case. Depending on where you record and the device used, different recording laws in Australia may apply. Consent helps here too, but ensure your team understands any state-based restrictions around secretly recording conversations.
What Should A Media Release Form Include?
Your media release form should be short, clear and practical for non‑lawyers to understand. Aim to cover these essentials:
- Parties: Identify the individual (the “releasor”) and your business (the “releasee”). Include contact details.
- Content and Consent: State the kinds of content the person agrees you can use (photo, video, audio, quotes, written testimonials, name, social handle, etc.).
- Purpose and Channels: Explain where and how you may publish (e.g. website, social media, printed materials, PR, case studies, paid advertising).
- Territory and Duration: Make it clear if consent is worldwide and ongoing, or limited to a particular campaign/timeframe.
- Edits and Derivative Use: Note that you may crop, adapt or combine the content in usual ways for marketing (without altering meaning or intent).
- Attribution: If you plan to identify the person by name or role, say so. If their preference is first name only or anonymous, record it.
- Revoking Consent: Explain whether and how consent can be withdrawn, and the practical limits (e.g. you’ll stop using the content going forward, but can’t always remove it where it’s already been printed or widely shared).
- No Payment (or Fee Terms): If it’s unpaid, say so. If there’s compensation, outline the basics.
- Release And Indemnity: Include a sensible release so the person agrees not to bring claims arising from permitted use.
- Signatures: Signature and date (plus parent/guardian details and signature if the person is under 18).
Keep the language straightforward. People should understand what they’re agreeing to without needing a translator. If you use different forms for staff, customers and public events, standardise the structure so your team can collect consent consistently.
How To Create And Manage Media Releases
1) Map Your Use Cases
List the types of media you capture (photos, videos, audio, testimonials), typical locations (office, events, public spaces), and your publishing channels. This helps you decide if you need one master form or a few tailored versions (e.g. staff vs customer vs event attendees).
2) Draft Or Adopt A Practical Form
Use a clear, mobile‑friendly form your team can present quickly. If you work with children, sensitive subject matter, or run recurring campaigns, consider a tailored document. For events and shoots, many teams also use a focused Photography and Video Consent Form alongside a general media release when needed.
3) Collect Written Consent (Digital Works)
Don’t rely on verbal agreements. Use electronic signatures or on‑the‑spot digital forms to keep things simple. A link or QR code at events makes sign‑up easy and captures the consent you need before you publish.
4) Store And Track Releases Securely
Save signed forms in a secure, searchable system linked to the relevant asset (e.g. attach the release ID to the photo file name or your asset management record). Limit access to appropriate staff and align with your data governance practices.
5) Respect Withdrawals (With Practical Limits)
If someone changes their mind, act quickly and reasonably. You can usually stop future use, but complete removal from historic posts, press or print may be unrealistic. Your form should explain these limits up front, and your process should set expectations clearly.
6) Refresh As Your Activities Evolve
If you expand into new platforms, run national ads, or work with minors more often, review and update your forms and internal guidance. Short team refreshers before major shoots or campaigns go a long way.
Related Legal Issues And Documents
Media releases sit alongside a few important legal considerations in Australia. Here are the big ones to understand (and how a release fits in):
Privacy Law (And The Small Business Exemption)
The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) regulate how “APP entities” handle personal information. Many small businesses with annual turnover under $3 million are exempt, unless an exception applies (for example, if you provide health services, trade in personal information, or are a contractor to government).
Even if you fall under the small business exemption, it’s still smart to handle identifiable content respectfully, obtain consent where practical, and publish a clear Privacy Policy if you collect personal information through your website, forms or email lists. Consent recorded in a media release reduces risk and improves transparency with your community.
Intellectual Property (IP)
In Australia, the copyright in a photo or video is generally owned by its creator (e.g. the photographer or videographer) unless there’s an agreement that says otherwise. People who appear in a photo or video do not hold copyright or moral rights in the image just because they are depicted.
What this means in practice: you need the creator’s permission to use the content (often via a services agreement and/or a Copyright Licence Agreement), and you need the subject’s permission to publish their likeness (via your media release form). These are two separate permissions that work together.
No General “Right Of Publicity” In Australia
Unlike some countries, Australia does not have a broad, standalone “right of publicity”. However, misuse of someone’s identity can still create risk under other laws (e.g. Australian Consumer Law or passing off) – especially if a publication suggests an endorsement that wasn’t given. Clear, documented consent avoids these issues.
Australian Consumer Law (ACL) And Endorsements
Your marketing must not mislead or deceive. If you’re using testimonials, endorsements or claims, ensure they’re accurate and fairly presented. Consent helps prove you acted properly, but it’s also important to avoid implying endorsements that a person didn’t give. This sits within the ACL’s general prohibition on misleading conduct and section 18 obligations.
Defamation And Context
Publishing content that harms a person’s reputation can lead to defamation risk. Context matters. Don’t pair a person’s image or story with claims or topics that could unfairly harm their reputation. Sensible internal review and accurate captions go a long way.
Children And Young People
If anyone featured is under 18, always obtain consent from a parent or legal guardian (in addition to the young person’s assent, where appropriate). School or club settings often have their own policies – follow them strictly and keep your records in order.
Web And Platform Rules
If you collect names, email addresses or other personal information through your site or forms tied to releases, set clear rules for use via your Website Terms and Conditions. Make sure your social media and platform publishing follows each platform’s terms as well.
Useful Companion Documents
- Photography and Video Consent Form: Handy for shoots, school programs, clinics or events alongside your broader media release process. See our Photography and Video Consent Form.
- Privacy Policy: Explains how you collect, use and store personal information gathered through websites, forms and campaigns. Consider publishing a clear Privacy Policy, even if the APP exemption might apply.
- Website Terms and Conditions: Set expectations for users, content and data on your website or app through solid Website Terms and Conditions.
- Copyright Licence Agreement: Covers your rights to use photos, videos, music or other creative assets provided by contractors or collaborators. A simple Copyright Licence Agreement avoids ownership disputes.
- Non‑Disclosure Agreement (NDA): If shoots or interviews may reveal confidential business information, an NDA helps protect sensitive details.
- Photography Consent Guidance: If your work regularly involves images of people, it’s worth reviewing the practical rules in Australia around consent and photos via our article on photography consent laws.
Key Takeaways
- A media release form is a simple, written permission that lets you publish a person’s image, voice, name or story with clarity and confidence.
- Use a signed release whenever an identifiable person appears in content you’ll publish or reuse – especially for interviews, close‑ups, testimonials, paid campaigns and content featuring children.
- Subjects don’t own copyright or moral rights in images just because they appear in them; creators do. Secure creator rights (via licence or contract) and subject consent (via a media release) as separate steps.
- Be mindful of Australian privacy law (including the APP small business exemption), ACL rules on endorsements, defamation risk, and state‑based recording restrictions.
- Your form should cover content types, purpose and channels, territory and duration, attribution, revocation, payment (if any), releases and signatures (plus guardian consent where required).
- Round out your compliance with practical companions like a Photography and Video Consent Form, Privacy Policy, Website Terms and Conditions, Copyright Licence Agreement and NDAs.
If you’d like a consultation on creating a media release form and setting up a simple consent process for your marketing or PR, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
