Alex is Sprintlaw's co-founder and a legal technology leader. He holds law and media degrees from the University of Sydney and has been recognized by Australasian Lawyer, Lawyers Weekly and the Sydney Young Entrepreneur Awards for his work building Sprintlaw and improving access to business legal support.
Creating marketing content is exciting, especially when real customers, team members or creators are happy to appear in your photos, videos or testimonials.
But before you post that footage on your website, run it as a paid ad or reuse it in next year's campaign, it's worth getting the consent in writing. A clear release form helps your business use the content confidently without having to renegotiate every time a new channel or campaign comes up.
This doesn't have to be complicated. The key is making sure your release is specific enough for what you're actually doing now, while flexible enough for how your marketing may grow later.
Do You Need A Photo And Video Release Form?
Yes, if your business is using identifiable people in marketing, advertising or promotional content, you should usually have a written release form.
A release is the document where the person confirms that your business can record them and use their image, voice, likeness, name, testimonial or performance for agreed purposes. This is often called a photo release form, video consent release form, talent release form or model release form.
At the federal level, several laws can matter. The Copyright Act affects who owns the photo or video itself. The Lanham Act can come up if marketing suggests someone endorses your business when they don't. The FTC Act and FTC guidance matter where endorsements, testimonials, influencer content or paid promotions are involved.
State law also matters because rights of publicity and privacy are usually handled under state law. That means the rules can change depending on where the person is located, where your business operates and where the content is used. You don't need a state-by-state memo for every basic shoot, but you should get tailored advice if the content is high profile, heavily paid, sensitive or planned for national advertising.
A written release is especially useful when you're creating content for:
- paid ads on social media, search platforms or video platforms
- website banners, landing pages and case studies
- organic social posts and short-form videos
- email marketing, brochures, pitch decks and sales materials
- future campaigns where you may want to reuse the same content
What Should A Photo And Video Release Form Template Include?
A good template should cover consent, permitted uses, duration, territory, editing rights, payment and practical approval rules.
Here's a fill-in outline you can use to plan your release. Treat this as a checklist, not a finished legal document. A lawyer should tailor it before you use it, especially if you're running paid ads, working with creators, featuring employees or collecting testimonials under a testimonial release.
- Parties: Write the legal name of your business and the full name of the person giving consent.
- Content Covered: Describe the shoot, recording, testimonial, interview, event, location shoot or user-generated content being released.
- Rights Granted: State that your business can use the person's image, likeness, voice, name, performance, statements and biographical details if relevant.
- Permitted Uses: List the channels, such as paid ads, organic social media, website, email marketing, print, sales materials and internal presentations.
- Territory: Say whether use is limited to the United States or worldwide.
- Duration: Set how long you can use the content, such as 12 months, 3 years or indefinitely.
- Editing And Adaptation: Allow reasonable cropping, editing, subtitles, captions, translations, resizing and format changes.
- Payment Or Value: Record what the person receives, such as a fee, free products, exposure or no payment.
- Approvals: Say whether the person gets to approve final edits, and if so, how and when.
- FTC And Endorsement Terms: Include disclosure requirements if the person is paid, gifted products or has another material connection to your business.
- Ownership Of Content: Confirm who owns the photos, videos and edits, including any photographer, content creator agreement or production contractor rights.
- Revocation: Explain whether consent can be withdrawn and what happens to content already published or scheduled.
- Signatures: Include signature blocks, dates and parent or guardian consent where the person is under 18.
Templates often miss the details that matter most in real campaigns, such as paid advertising, future reuse and editing rights. Those details are where disputes usually start.
Can You Use One Release For Paid Ads, Social Media And Your Website?
Yes, you can use one release across multiple channels, but it needs to say that clearly.
A release that only says you can use a photo for "marketing" may not be clear enough if you later want to turn that photo into a targeted paid ad, add it to a testimonial landing page, crop it into a short-form video or include it in an email funnel. The person may say they thought they were agreeing to one Instagram post, not months of advertising across several platforms.
If you want one release to cover paid ads, social media and your website, your permitted uses clause should be broad but still understandable. For example, it can say that the content may be used in paid and unpaid advertising, organic social media posts, websites, landing pages, email campaigns, digital downloads, online marketplaces, brochures, presentations and other promotional materials for your business.
It should also cover different formats. A photo might become a carousel ad, a website hero image, a video thumbnail or part of a campaign montage. A video might be edited into shorter clips, subtitled, resized for different platforms, combined with music or graphics, or used as a still image. If you need that flexibility, say so.
For paid ads, it's especially important to include:
- the ad platforms or types of platforms where the content may appear
- whether the content can be used for retargeting, lookalike audiences or sponsored posts
- how long the ads can run
- whether the person's name, handle, job title or testimonial can be included
- whether the person must approve final ads before they go live
For organic social media, think about reposting, pinning, boosting, remixing, sharing to stories and using content across more than one account. For your website, think about landing pages, case studies, checkout pages, online courses, job pages and media kits.
The goal isn't to list every possible URL. The goal is to avoid surprises. If your release makes the main uses clear, the person is less likely to feel misled when they see the content in a different but expected marketing context.
What About Employees, Creators And Minors?
The right release depends on who appears in the content. A customer review, an employee headshot, a creator collaboration and a child appearing in a family brand campaign all raise different practical issues.
For employees, consent should be handled carefully. Even if someone is happy to appear in a team video, they may not want their image used forever after they leave the business. Your release should say whether the business can keep using existing content after employment ends, whether new content will be created separately, and whether the employee can ask for removal from future campaigns.
For creators, influencers and contractors, the release should sit alongside the commercial deal. You may also need terms covering deliverables, usage rights, exclusivity, whitelisting, paid usage, revisions, content deadlines, brand guidelines and disclosure obligations. If the creator owns the raw content, your business needs the right to use, edit and publish it. If your business owns the final assets, that should be clear too.
For minors, you should get a parent or legal guardian to sign. Some states have additional rules for child performers, earnings, hours, permits or entertainment work. Even where a formal permit isn't required, brands should be extra careful about safety, context, privacy and how long the content will be used. Content involving children, health, education, family life or sensitive topics should be drafted very specifically.
For customers and members of the public, make sure the release isn't buried in fine print if you're collecting content at an event or in-store activation. If people are being filmed in a public or semi-public setting, use clear signage and, where practical, direct written releases for anyone featured prominently.
Common Mistakes To Avoid
Most release problems come from using a form that's too vague for the campaign. A one-line consent statement might be fine for a quick internal photo, but it may not be enough for paid ads, testimonials or long-term brand content.
Here are some common mistakes to avoid:
- Forgetting copyright: A person's consent to appear in content isn't the same as owning the photo or video. You still need rights from the photographer, videographer, agency or creator.
- Using old consent for new campaigns: If the original release was limited to one event, one post or one year, don't assume it covers a new national ad campaign.
- Being unclear about payment: If someone is paid, gifted products or receives another benefit, record it. This also helps with endorsement disclosures.
- Ignoring FTC disclosures: Testimonials and influencer posts need clear disclosures where there's a material connection, such as payment, free products, discounts or a business relationship.
- Overpromising approval rights: If the person gets final approval, set a deadline. Otherwise, a campaign can get stuck waiting for comments.
- Leaving out revocation rules: Say whether consent can be withdrawn, how withdrawal works, and whether already published materials can stay live for a reasonable period.
It's also worth checking platform terms before you launch. Social media platforms, ad networks and marketplaces can have their own rules about endorsements, sensitive attributes, health claims, financial claims and use of personal characteristics. Your release helps with consent, but it doesn't replace campaign compliance.
Finally, store signed releases somewhere your marketing team can actually find them. A release is much less useful if no one knows which content it covers or when the usage period expires. A simple spreadsheet with names, campaign details, dates, permitted channels and expiration dates can prevent a lot of confusion later.
Frequently Asked Questions
Is a photo and video release form the same as a copyright assignment?
No. A release usually gives your business permission to use a person's image, likeness, voice or statements. A copyright assignment or license deals with ownership and use of the photo, video, audio or other creative work itself. In many campaigns, you need both.
Can someone withdraw consent after signing a release?
It depends on what the release says and the law that applies. Some releases say consent is irrevocable. Others allow withdrawal for future use but not for materials already printed, published or scheduled. If withdrawal rights matter for your campaign, address them clearly before the content is created.
Do I need a release for testimonials?
Usually, yes. A testimonial release should confirm that the person agrees to the wording or recording, understands how it will be used and has disclosed any material connection to your business. You should also make sure testimonials are truthful, typical where required, and not misleading.
Can I use a release for user-generated content?
Yes, but the process needs to be clear. If a customer tags your brand or posts a photo with your product, that doesn't automatically mean you can use it in paid ads. You may need a written response, click-through terms or a separate release that explains how the content will be used.
How long should the release last?
That depends on the campaign. A seasonal campaign might only need 3 to 12 months. Evergreen website content, brand videos or product packaging may need a longer period. If you want indefinite use, say so clearly and consider whether that's fair for the person involved.
Key Takeaways
- Use a written release whenever identifiable people appear in marketing, advertising, testimonials or promotional content.
- Be specific about channels, including paid ads, organic social media, websites, email marketing and future campaign reuse.
- Consent to appear in content is different from copyright ownership, so check photographer, creator and contractor rights separately.
- Tailor releases for employees, creators, minors, testimonials and user-generated content because each situation has different risks.
- Include clear terms on duration, territory, editing, payment, approvals, FTC disclosures and revocation.
If you'd like help with preparing or reviewing photo and video release forms, talent releases, testimonial consent, creator agreements or campaign terms, you can reach our team at (888) 449-8437 or team@sprintlaw.com. Where legal services are required, they're provided by licensed US lawyers at ElevateNext US, LLC, a trusted US law firm, through the Sprintlaw platform.
Drafted by Taylor, Sprintlaw's AI, and overseen by Alex Solo. How we write








