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With lots of businesses in 2025 either operating completely online (as an ecommerce business) or maintaining a robust online presence (such as having their own website), using photos and videos is now more common than ever. Digital content is central to branding and marketing strategies, making visual media an essential asset for business growth.
However, this heightened use of IP also attracts evolving regulations. If your business has dealt with intellectual property before, you know that protecting your IP is one of the first steps in retaining your competitive edge and ensuring you receive proper credit for your creative work.
Similarly, for photos and videos, it’s essential to secure consent from those featured. This consent should clearly outline the terms and conditions, including how their image and likeness can be used for commercial and promotional purposes.
What Is Intellectual Property?
As mentioned, photos and videos are considered Intellectual Property (IP). But what exactly does IP encompass in today’s digital age?
IP includes your intangible assets – from your logo and business name to distinctive design elements and colour schemes that define your brand.
To illustrate, imagine your business office as a secure vault holding all your valuable resources – trade secrets, tools, technology and creative ideas. Just as you would lock your office to prevent unauthorised access, you protect your IP through legal measures that safeguard your valuable digital and creative assets.
Protecting your IP works in a similar fashion – although you can’t physically lock up something intangible. Instead, you rely on legal tools such as registering a trade mark or using copyright disclaimers to ensure you have the exclusive right to use your intellectual property.
Once these measures are in place, no one else can legally use your IP, allowing you to fully capitalise on your creative work.
How Does This Apply To Photos And Videos?
If your business captures photos or videos of people, it’s imperative to obtain explicit consent from those featured, as their image and likeness are part of their personal IP rights. Doing so not only respects individual rights but also ensures compliance with the stringent regulatory requirements</a) in Australia as of 2025.
| Example Let’s say Mira is a wedding photographer and Will and Dave have kindly asked her to take photos for their beach wedding. They expect about 50 guests, many of whom will likely appear in the photos. Mira sends out an email to all the guests with a Photography/Video Consent Form attached. It reads as follows: Hi guests, We’re very excited to see you at Will and Dave’s Wedding. Please be advised that photos and videos will be taken at the event by a professional photographer. We will only post images that include you if you provide your consent. Please refer to the attached Photography Consent Form to confirm whether you agree to have your photos/videos taken and subsequently used for commercial or promotional purposes. Kind regards, Mira’s Wedding Services |
Where Can I Get A Photography/Video Consent Form?
When it comes to consent forms, it’s crucial to cover all the necessary legal bases. With the evolving nature of IP and privacy laws in Australia, 2025 demands that your consent forms are comprehensive and up-to-date.
At Sprintlaw, we offer a Photography/Video Consent Form package which includes:
- A Photography/Video Consent Form tailored to your specific requirements
- Phone consultations with a Sprintlaw lawyer for personalised advice
- One complimentary amendment to the final draft we provide
In addition, if your business works with models, influencers, or other creatives, you might need customised releases to cover a broader range of usage scenarios. Our dedicated team at Creative Entertainment can assist in drafting bespoke consent forms that align with the latest legal standards and industry best practices. For further insights on safeguarding your assets, be sure to check out our comprehensive Intellectual Property Guide and our Getting Started With Your Legals resource.
Next Steps
Handling IP in any business context can be challenging, especially with the evolving legal landscape in 2025. It’s always wise to consult a lawyer if you’re uncertain about your next steps.
Regularly updating your consent forms and other IP-related documents is key to staying compliant with the latest legal requirements in Australia. As new legislative changes emerge this year, we recommend conducting routine legal health checks – a service offered through our Legal Health Check package – to ensure your documentation remains robust and effective.
If you would like a consultation on your options going forward, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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