Employee image rights in corporate video: what you need to cover

Every time I film a corporate video with employees on camera, there's one document I check before switching anything on: the image rights release. It isn't a box-ticking exercise. It's what protects both the company and the person in the video if the footage is misused, reused out of context or if that person simply changes their mind over time.

In Spain, the right to one's own image is protected by law. The fact that someone works for a company doesn't mean the company can film them or use their image on LinkedIn, the website or in an ad without their explicit consent. That's why, before any shoot with employees, I make sure that consent exists in writing.

What image rights are and why they matter on a corporate shoot

Image rights are the right to decide whether your image is captured, reproduced or published, and on what terms. In Spain they're enshrined in the Constitution and developed in Organic Law 1/1982. They apply just as much to an employee who appears for thirty seconds in a company culture video as to the CEO starring in a corporate video.

The problem arises when a company assumes that, because someone is an employee, they've already agreed to appear in any content. That isn't the case. An employment contract doesn't automatically include a transfer of image rights for advertising or branding purposes. They're two separate things and need to be handled separately.

Data protection also comes into play. The image of an identifiable person is personal data under the GDPR, so processing it requires a legal basis — which is almost always express, informed and revocable consent.

How I handle image rights on every shoot

The image rights release

Before every corporate shoot with employees, the company (or I, if asked) prepares a short document specifying what will be filmed, what the footage will be used for, on which channels it will be published and for how long. Everyone who will appear on camera signs it before we start. You don't need a ten-page contract: a clear, specific half page is enough.

What the release covers and what it doesn't

A generic “I'll appear in the company video” authorization doesn't cover everything. If the video will be used on social media, the website, in a paid ad or at a trade show, it's best to spell that out. If the company later wants to reuse the footage in another context, such as an ad, the right thing to do is ask for consent again or provide for it in the document from the start.

Special cases: former employees, minors and third parties

When someone leaves the company, their image rights release doesn't disappear automatically, but it's good practice to review whether it still makes sense to keep that footage live, especially if the departure wasn't amicable. With minors, such as employees' children at a family event, the release is signed by a parent or legal guardian. And if third parties who aren't employees appear in the video, such as clients or suppliers at an event, the same rules apply: without their consent, their image isn't published.

Common image rights mistakes in corporate video

• Filming an employee without first explaining where the video will be used.
• Assuming the employment contract already covers the use of their image in marketing.
• Not keeping a written record of the authorization — only verbal permission.
• Reusing old footage of a former employee without checking whether it's still valid to use.
• Not planning for what happens if someone asks for their image to be removed after publication.
• Filming third parties, such as visitors or clients at an event, without letting them know there are cameras.

Frequently asked questions

If you're going to film a corporate video with employees and aren't sure how to handle image rights releases, write to me via /en/contacto and I'll send you the template I use before every shoot.