Understanding Consent

To help you understand the approach that is right for your business or organisation we've created the following guide about the different forms of consent and what it means. This article is for information purposes only and does not constitute legal advice, we're not lawyers. We just know quite a lot about it.

If you are collecting releases and permissions for your assets, that's great. Maybe you are using paper forms or a digital equivalent, hopefully the advice in this guide will help you to make sure you are capturing the information you need. If you aren't obtaining releases then maybe what follows will help to get you started.  

Consent is the freely given, specific, informed, and unambiguous agreement from a person (or property owner) to allow a creative professional to use their image, likeness, or property in defined ways. Under UK privacy law and data protection (GDPR), a recognisable person’s image is personal data and processing it requires a lawful basis, consent is one of the most common bases for commercial use.

Example Scenarios

• An editorial shoot (non-commercial): You may not need a release, but documenting permission is still recommended.
• A commercial ad campaign: Always obtain explicit consent with detailed usage rights.
• Social media campaigns: Obtain consent and specify which platforms and whether paid/promotion uses are included. 

To be valid, consent must be:

• Freely given: No pressure should be applied or requirements made that are unrelated to the work.

• Specific: Consent should be tied to defined uses (e.g., advertising, web, print, etc.).

• Informed: The subject should clearly understand what they are agreeing to.

• Unambiguous: Everything should be documented clearly in writing and shared.
  
  

Signed release forms offer the best evidence of valid consent.

Without valid consent you risk:

• GDPR violations which have legal and financial consequences.
  

• Claims of privacy invasion.

• Clients or agencies refusing to use your content.
  
  

Clear consent not only protects creators and commissioning organisations but subjects, property owners and artisits as well.

When seeking consent, clarify:

• Distribution channels: (web, social, print, broadcast).

• Territory: (UK, Europe or global).

• Duration: (limited vs perpetual).

• Exclusive vs non-exclusive use.
  
  

Use plain terms rather than legal jargon to ensure understanding.

For anyone under 18, consent must be obtained from a parent or legal guardian. Without it, the release may be invalid. This includes clearly identifying the minor in the form and guardian details.

✔ Identify the subject/property owner
✔ Explain how the images/video will be used
✔ Ask for consent in plain English and document it
✔ Include statement on voluntary agreement
✔ Obtain signatures and dates
✔ Keep records securely linked to the assets

Consider using imageRelease to create, manage, store, and organise your release forms, consent documentation that meets best practice standards.